Terms & Conditions

Any person accessing this website (“user”)is subject to, and agrees to, the terms and conditions set out here. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use, download and/or otherwise copy or distribute content obtained on this website.

These terms and conditions govern the access and use of the information, products, services, sale of services and general functions provided on our website, (www.northerly.co.za)

They are binding and enforceable against every person that accesses or uses this website. All users acknowledge that you have read and agree to be bound by them. Should you disagree with any of the terms and conditions, you must refrain from accessing the website and/or using our services.

Northerly Business Consulting reserves the right to amend and/or replace these terms and conditions from time to time.Such amendments shall supersede and replace any previous terms and conditions and shall be made available on the website.

Website Content

This website contains an explanation of our business services as well as intellectual property to assist clients and prospective clients. In this way, we offer comprehensive services.

Northerly reserves the right to:

  • Make improvements, to change or to discontinue, without notice, any aspect or feature of the website and any information or content on the website.
  • Change and amend the products, services and details on the website from time to time without notice.
  • Provide information regarding the services of third parties on the website but makes no representations or warranties of any nature as to its accuracy.

We will do out best to ensure that all information is accurate and useful. We also take reasonable measures to ensure the integrity of the website and its contents.

However, Northerly does not:

  • Make representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the website.
  • Warrant that the website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality.
  • Provide any warranty, whether express or implied, that any files, downloads or applications available via this website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.

If any such representations or warranties are made by Northerly’s representatives, Northerly shall not be bound thereby. The user agrees that all information is provided “as is” and that Northerly and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.

Intellectual Property Rights

All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publications, products, processed, or ideas described in this website may be the subject of other rights, including other intellectual property rights, which are the property of or licensed to Northerly Consulting (Pty) Ltd, or an appointed legal entity. As such these are protected from infringement by SouthAfrican legislation and international treaties and conventions.

All rights to all intellectual property on this website are expressly reserved. You agree that you, or any third party you work through, with not:

  • Copy, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the website for any reason and in any manner, unless it is consistent with the intent and purpose of these terms and conditions.
  • Decompile, disassemble or reverse engineer any portion of the website.· Write and/or develop any derivative of the website or any other software program based on the website.
  • Modify or enhance the website.In the event of a user effecting any modifications or enhancements to the website in breach of this clause, such modifications and enhancements shall be the property of Northerly.
  • Remove any identification, trademark, copyright or other notices from the website.
  • Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this website is granted to the user. Except withNortherly’s express written permission, no proprietary material from this website may be copied or retransmitted.

By submitting reviews, comments and/or any other content (other than your personal information) to Northerly for posting on the website or any social media account Northerly manages, you automatically grant Northerly and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

Northerly authorises you only to view and to print the content of this website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

Limitation Of Liability And Indemnity

The information on this website is intended to provide general information on a particular subject or subjects, and is not an exhaustive treatment of such subject(s). It is the sole responsibility of you to satisfy yourself, prior to accessing this website, that the website will meet your individual requirements and be compatible with your computer’s hardware and/or software.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Northerly Consulting or any legal entity in respect of which information, ideas and opinions are expressed on this website. You are encouraged to consult professional advice, including ours, before taking any course of action related to information, ideas or opinions expressed on this site.

Your use of this website and the information contained on it is entirely at your own risk. You assume full responsibility and risk of loss resulting from the use of the website. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Northerly be liable for any loss, harm, or damage you’ve suffered as a result thereof.Northerly reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Northerly deem it necessary.

To the extent permissible by law:

  • Neither Northerly, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising(whether in an action arising out of contract, statute, delict or otherwise)related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Northerly knows or should reasonably have known or is expressly advised thereof.
  • The liability of Northerly for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Northerly rectifying the malfunction, within a reasonable time and free of charge, provided that Northerly is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Northerly. However, in no event shall Northerly be liable for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

You hereby unconditionally and irrevocably indemnify Northerly and agree to hold Northerly free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Northerly or instituted against Northerly as a direct or indirect result of:

  • Your use of the website and/or any linked third party website.
  • Software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Northerly.
  • Your failure to comply with any of the terms or any other requirements which Northerly may impose from time to time.
  • The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software.
  • Any unavailability of, or interruption in, the service which is beyond the control of Northerly.

Links To Third Party Websites And Third-Party Content

Northerly may provide links to third party websites on the website. These links are provided for your convenience andNortherly does not endorse such websites’ security practices and operations.While we try to provide links only to reputable websites or online partners,Northerly cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Northerly. Northerly is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the website.

You agree that Northerly shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the website. Any dealings that you may have with any linked websites, including advertisers, found on the website, are solely between you and the third-party website.

We welcome third-party websites to link to the information that is hosted on these pages.

Security

In order to ensure the security and reliable operation of the services to all Northerly’s clients, website users and others, Northerly hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

You may not utilise the website in any manner which may compromise the security of Northerly’s networks or tamper with the website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Northerly suffer any damage or loss, civil damages shall be claimed by Northerly against the user.

Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Northerly and its affiliates, agents and/or partners.

Severability

These terms and conditions of use constitute the entire professional or other relationship between Northerly and website users. Any failure by Northerly to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

Nothing contained herein creates or is intended to create a contract or agreement between the GCIS and any user visiting the website.

Compliance With Section 43(1) Of Ect Act

In compliance with section 43(1) of the ECTAct, the following is noted:

Compliance With Laws

You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this website.

Notices

Northerly chooses as its domicilium citandiet executandi the address set out above for all purposes relating to these terms and conditions, including the giving of any notice and the serving of any process.

Except as explicitly stated otherwise, any notices shall be given by email to hello@northerly.co.za (in the case ofNortherly) or to the e-mail address you have provided to Northerly (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, Northerly may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Northerly. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these terms and conditions may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

General Clauses

These terms and conditions shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within SouthAfrica.

By using the website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the involvement and supervision of your parent or legal guardian.

This website is controlled, operated and administered by Northerly from its offices within the Republic of South Africa.Northerly makes no representation that the content of the website is appropriate or available for use outside of South Africa. Access to the website from territories or countries where the content of the website is illegal is prohibited. Users may not use this website in violation of South African export laws and regulations. If the user accesses this website from locations outside of South Africa, that user is responsible for compliance with all local laws.

Northerly does not guarantee continuous, uninterrupted or secure access to our services, as operation of our website maybe interfered with as a result of a number of factors which are outside of our control.

If any provision of these terms and conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these terms and conditions and the remaining provisions shall be enforced to the full extent of the law.

Northerly’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these terms and conditions to any third party without the prior written consent ofNortherly.

No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not. The head notes to the paragraphs to these terms and conditions are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

These terms and conditions set forth the entire understanding and agreement between Northerly and you with respect to the subject matter hereof and no other warranty or undertaking is valid unless contained in this agreement.