1.1 The LRMG website can be accessed at www.lrmg.co.za and is made available by LRMG Proprietary Limited (“LRMG”), Registration Number 1997/005978/07, a limited liability private company incorporated in the Republic of South Africa (“LRMG”, “we”, “us” and “our”).
1.2 The terms and conditions set out in this document (“Terms and Conditions”) are binding and enforceable against every person (“you”, “your”) that accesses LRMG website and/or submits information via the ‘Contact Us Form’.
1.3 These Terms and Conditions govern your use of the LRMG website.
2. IMPORTANT NOTICE: TERMS AND CONDITIONS BINDING ON YOU
By making use of LRMG website or any part thereof, you agree to the terms and conditions contained in this document.
These Terms and Conditions contain certain terms and conditions which:
- may limit the risk or liability of LRMG or a third party;
- may create risk or liability for you or a third party;
- may compel you to indemnify LRMG or a third party; and/or
- serves as an acknowledgement, by you or a third party, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted by you. Nothing in these Terms and Conditions is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either you, a third party or LRMG in terms of the Consumer Protection Act, 68 of 2008.
3.1 In these Terms and Conditions, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them:
3.1.1 “Contact Us Form” means the online contact us form (including any information provided in such form;
3.1.2 “Intellectual Property” means any know-how (not in the public domain); invention (whether or not patented); design, trademark (whether or not registered), or any material in which copyright subsists (whether or not registered) and all other identical or similar intellectual property as may exist anywhere in the world;
3.1.3 “Website Content” means any information, consent, material, software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, literary works, musical works, artistic works, sound recordings, computer programs, trade names, logos, designs, trademarks and service marks which are displayed on or incorporated on the LRMG Website.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
4.1 The use of LRMG is entirely at your own risk and you assume full responsibility for any loss or damage resulting from use of LRMG or reliance on any information on LRMG, save where such loss or damage was caused by the gross negligence or wilful misconduct of LRMG, its employees or its authorised representatives.
4.2 LRMG disclaims all liability where any failure in the performance of LRMG is due to circumstances beyond its control and in no way attributable to the gross negligence or wilful misconduct of LRMG, its employees or authorised representatives.
4.3 Under no circumstances will LRMG be liable for direct, indirect, consequential or incidental damages, save where such damages were caused by the gross negligence or wilful misconduct of LRMG, its employees or authorised representatives. You acknowledge and accept that, due to the nature of LRMG, it may not meet your subjective requirements or be entirely uninterrupted, complete, timely, secure or error free.
4.4 In addition to the disclaimers contained elsewhere in these Terms and Conditions, LRMG also makes no warranty or representation, whether express or implied, that the information or files available from LRMG or websites linked to LRMG, are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of LRMG, its employees or authorised representatives. LRMG thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of LRMG.
As a condition for your use of LRMG you indemnify LRMG from and against any liability, damage or loss that LRMG incurs or suffers as a result of any action, inaction or omission on your part.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Website Content is the property of LRMG. Unauthorised use is strictly prohibited.
6.2 All title, ownership rights and Intellectual Property rights in and to the Content, including but not limited to copyright, rests with LRMG.
6.3 You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of LRMG.
7. CHANGES AND AMENDMENTS
LRMG reserves the right to amend these Terms and Conditions from time to time without notification to you. It will be your responsibility to ensure that you are familiar with any amendments. By continuing to access LRMG website, you agree to be bound by the latest version of the Terms and Conditions, as published on www.lrmg.co.za.
8. LINKS TO THIRD PARTY SITES
8.1 LRMG may contain links to third party websites solely for the convenience of users and the inclusion of any third party link does not imply LRMG′s endorsement of such sites.
8.2 Any links to third party websites or pages are not subject to the control of LRMG and LRMG shall not in any way be held responsible or liable, either directly or indirectly, for the contents, services, use, or inability to use or access any linked third party website or any links contained in a linked third party website.
8.3 Notwithstanding the fact that LRMG may refer to or provide links to third party websites, your use of such third party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites or your reliance on any information contained thereon.
9. AVAILABILITY AND TERMINATION
9.1 We will use reasonable endeavours to maintain the availability of the LRMG website except during scheduled maintenance periods, and reserve the right to discontinue providing LRMG website or any part thereof without notice to you.
9.2 LRMG may in its sole discretion suspend and modify the LRMG website, without notice to you.
10. GENERAL PROVISIONS
10.1 These Terms and Conditions are governed by the laws in force in the Republic of South Africa.
10.2 In the event of any dispute arising between you and LRMG, you consent to the jurisdiction of the High Court notwithstanding that the quantum in the action or proceedings may otherwise be beyond the monetary jurisdiction of that court. Nothing in these Terms and Conditions should be understood to prevent you or LRMG from taking any dispute to any court, tribunal, commission, ombud or other body of competent jurisdiction.
10.3 LRMG may legally assign any of its rights and obligations under these Terms and Conditions at any time by giving you notice.
10.4 LRMG may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of LRMG Website or any of its contents or your right to use LRMG website or any of its contents.
10.5 You agree that you shall only use LRMG Website for lawful purposes and shall not modify, distribute or exploit the contents of the website without LRMG’s prior written consent. You also agree that you shall not abuse or misuse the website or its contents in any manner whatsoever.
11.1 Should you have any questions please contact LRMG at firstname.lastname@example.org
12.2 We, LRMG Proprietary Limited, a company incorporated in accordance with the laws of the Republic of South Africa, with registration number 1997/005978/07, with registered address at Park Building, Black River Park, 1 Fir Street, Observatory, 7925 (“LRMG“) are the “responsible party” for purposes of applicable data protection legislation in respect of all Personal Information you submit to us via the website www.lrmg.co.za (“Website“) and/or in any correspondence and/or communication with us. Please see paragraph 5 below as it deals with Personal Information you submit to third parties.
12.3 We provide a collection of online resources which include payment automation, reconciliation, real-time reporting, regulatory compliance, training and support, risk management (collectively, the “Services“) on the Website.
12.4 We recognize the importance of protecting your privacy in respect of Personal Information collected by us when you use the Website.
13. INFORMATION WE MAY COLLECT FROM YOU
13.1 When you visit the Website, we may collect certain information that is not Personal Information such as your Internet Protocol (“IP”) address (see paragraph 1 below), operating system, browser type, and Internet service provider. This type of information does not identify you personally.
13.3 information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our Services (which may include financial information), posting material or requesting further services;
13.4 information that we may ask you for if you enter any competition or promotion featured on our Website or if you report a problem with our Website and/or our Services;
13.5 if you contact us, we may keep a record of that correspondence;
13.6 we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
13.7 details of transactions you carry out through our Website and of the fulfilment of any contract you enter into with us; and
13.8 details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.
13.9 We may also collect information (which may include Personal Information) that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers.
13.10 The supply of your Personal Information is voluntary; however, you acknowledge that we cannot make certain Services available to you on the Website if you do not wish to supply such Personal Information.
13.11 We use a third-party credit card processing company for purchases, and other third-party companies to monitor website traffic, which may, in some instances, store your information, including the Personal Information you submit to such third parties.
13.13 Where you provide us with Personal Information relating to a third-party data subject (for example, your customers and/or clients), you warrant that you have obtained all necessary consents from such data subject, including the data subject’s consent for you to share such Personal Information with LRMG to process on your behalf.
14. HOW YOUR INFORMATION IS USED AND DISCLOSED
14.1 We may use the information, including the Personal Information we hold about you for the following purposes:
14.1.1 to ensure that content from our Website is presented in the most effective manner for you and for your computer;
14.1.2 in aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;
14.1.3 to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
14.1.4 to allow you to participate in interactive features of our Services, when you choose to do so;
14.1.5 to carry out any contracts that may form between us;
14.1.6 to respond to any queries, you make; and
14.1.7 to notify you about changes to our Service;
14.1.8 to notify you of amounts payable for security, administrative or legal purposes, for helping us in any future dealings with you.
14.2 We may use information provided by you to:
14.2.2 provide customer services, create and manage user accounts; and
14.2.3 assist you with technical difficulties. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you.
14.3 We will not use your Personal Information for any purpose (other than as stated above) without your express consent. We will not use or disclose your Personal Information to third parties without your consent, unless the use or disclosure is as intended on our website terms and conditions.
14.3.1 required in order to comply with applicable law, order of court or legal process served on LRMG; and/or
14.3.2 disclosure is necessary to protect and defend the rights or property of LRMG.
14.4 We will be entitled to disclose your Personal Information to those of our affiliates, agents, advisors, employees and/or third party service providers and suppliers (including payment providers) who assist us to interact with you via our Website, mobile communications and/or email, and thus need to know your Personal Information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information.
14.5 On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests.
15. PROTECTION OF YOUR PERSONAL INFORMATION
15.1 You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the Personal Information you provide in a variety of ways.
15.2 We will:
15.2.1 treat your Personal Information as strictly confidential;
15.2.2 take appropriate technical and organisational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
15.2.3 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information;
15.2.5 upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.
15.3 We will not retain your Personal Information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
16. STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION
16.1 We will do our best to protect your Personal Information, and we will use technology that will help us to do this, however, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your information transmitted to our Website. Any transmission of your information to our Website is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
16.2 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping that password confidential. Please do not share your password with anyone.
16.3 Our employees are trained in all aspects of web application security, including infrastructure vulnerabilities, cross-site scripting, secure data storage, and using the software development lifecycle to maintain and improve security. Our systems only allow access to authorised staff.
16.4 All transaction information entering LRMG systems is encrypted using 256-bit SSL certificates. No information is ever passed unencrypted in a web browser to LRMG. You can be completely secure in the knowledge that nothing you enter as part of a secure LRMG transaction can be examined, used or modified by any third parties attempting to gain access to sensitive information.
16.5 We may, from time to time, transfer, store or host your Personal Information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such Personal Information. Once on our systems, data is encrypted and securely stored in our dedicated hosting facilities at our data centre. LRMG website services are hosted in the Vodacom Data Center providing a cost effective and robust environment for running highly available and scalable web sites. Application services are load balanced between different data centers (availability zones) ensuring high availability. The cloud environment furthermore allows for easy auto scaling as traffic to the web site increases ensuring optimal performance.
16.6 In addition to real time replication of data to multiple data centers, up to three additional layers of backups are provisioned for. The network architecture within the data centre employs sophisticated controls and authentication technologies to protect business information as well as limit unauthorised access. We employ the industry-standard, 256-bit Secure Socket Layers (SSL) protocol through a certificate, to ensure information is neither intercepted nor corrupted during transmission over the internet. In addition, we use encryption technology to help protect data when stored on disk.
17. COOKIES AND IP ADDRESSES
17.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
17.4 Cookies enable us to:
17.4.1 estimate our Website’s audience size and usage pattern;
17.4.2 store information about your preferences, which allows us to customize the Website according to your individual interests;
17.4.3 speed up your searches; and
17.4.4 recognize you when you return to the Website.
18. THIRD PARTIES
19.1 You agree to provide accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle LRMG inter alia, to terminate your use of the Website and/or Services.
19.2 You may request access to the Personal Information which we collect from you, including to rectify the information, or object to its processing by sending an email to us at email@example.com. You also have the right to lodge a complaint with the information regulator if you think we are in breach of any applicable data protection legislation.
19.3 You may access, remove, review, and/or make changes to Personal Information that you have provided to us. If you register, we may send you certain notifications, advertisements, promotions, and specials. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us, including our marketing and promotional communications.
20. NOTIFICATION OF CHANGES
21. HOW TO CONTACT US