WEBSITE TERMS AND CONDITIONS

Welcome to the official ProStream (Pty) LTD website. This website is managed by ProStream (Pty) LTD (hereinafter referred to as ProStream (Pty) LTD or “we” or “us” or “our”).

These terms of use are applicable to your access and use of this portal. Please read these terms of use carefully before using this portal as by using this portal, you signify that you have read, understood, and agree to these terms of use. If you do not agree to be bound by these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.

1. INTRODUCTION

1.1 – These terms of use (“Terms”) apply to any person who: 1.1.1 – browses, uses, accesses, refers to, views, and/or downloads the information made available by us on the portal’s content; and/or makes any information available to us via the portal; and/or 1.1.2 – is or has applied to be part of our membership program. Regardless of the device you use to access the portal, including but not limited to, internet-connected mobile devices and tablets.

2. YOUR ACCEPTANCE OF THE TERMS

2.1 – When using, accessing, browsing, referring to, viewing, and/or downloading content, you are entering into a legally binding contract with ProStream (Pty) LTD upon these Terms. 2.2 – These Terms apply to the entire contents of the portal and to any correspondence between us and you. Using, accessing, browsing, referring to, viewing, and/or downloading the content displayed on the portal for any purpose indicates that you have read, understood, and accept these Terms and agree to be bound by them. If you do not agree to these Terms, please refrain from using, accessing, browsing, referring to, viewing, and/or downloading the content displayed on this portal.

3. CHANGES AND MODIFICATIONS TO THE TERMS, PORTAL, AND/OR CONTENT

3.1 – We may, at any time, in our sole and absolute discretion, do any of the following without prior notice: 3.1.1 – change these terms. 3.1.2 – change or remove content accessible on the portal. 3.1.3 – change or discontinue any aspect of the portal or services accessible on the portal; and/or 3.1.4 – change the software and/or hardware required to access and use the portal. 3.2 – Your continued access or use of the portal, content, and/or services will be subject to the terms in force at the time of your access or use. If you do not agree with any updates, amendments, or modifications, you may discontinue the use of the portal, content, and/or services.

4. PERMITTED USE AND PROHIBITED CONDUCT

4.1 – We hereby authorize you to view, copy, download to a local drive, print, and distribute the content of the portal, or any part thereof, provided that: 4.1.1 – such content is used for non-commercial purposes only. 4.1.2 – any reproduction of the content available on or through the portal, or any part thereof, must not infringe our intellectual property rights or the intellectual property rights of third parties, and all copies must include the following copyright notice: © ProStream (Pty) LTD. ALL RIGHTS RESERVED; and 4.1.3 – your use of the content is in accordance with these Terms. 4.2 – You must not, directly or indirectly, do any of the following things: 4.2.1 – perform any action that violates these Terms, or any guidelines or policies posted by us. 4.2.2 – use the portal for hacking, spoofing, cracking, phishing, or spamming, or any other activity aimed at achieving similar purposes. 4.2.3 – perform any action which is illegal, fraudulent, or violates or infringes any of our rights or the rights of third parties, including intellectual property rights. 4.2.4 – use any technology or other means to access, index, frame, or link to the services (including the content) in a way that is not expressly authorized by us. 4.2.5 – collect or process information in violation of our Terms; or 4.2.6 – interfere with any other person’s use and enjoyment of the services, the portal, or the content. 4.3 – Any restrictions on the use of the portal or the content shall also apply to any part of the portal or the Content which may be cached when using the portal or the Content. 4.4 – We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any content in breach of the Terms.

5. AVAILABILITY OF THE PORTAL

5.1 – While we endeavor to ensure that the portal is normally available 24 hours a day, we shall not be liable if, for any reason, the portal is unavailable at any time or for any period. 5.2 – Access to the portal may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control. Paragraphs 5.1 and 5.2 have important legal consequences for you. In this paragraph: the legal responsibilities and liabilities of ProStream (Pty) LTD are excluded or limited; and any rights you have against us are limited or excluded. We make no promises that the portal or the content will always be available or that the portal or content will be available without interruption. As such, should you suffer losses because of the portal or content being unavailable, you will not hold us liable. You will not act against us if you suffer losses or damages as a result of the Website or Content being unavailable.

6. CPA, POPI, AND OTHER LAWS

6.1 – If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the portal are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, POPI, or such other laws. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI, and such other laws are complied with. 6.2 – No provision of these Terms (or any contract governed by these Terms): 6.2.1 – does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption. 6.2.2 – requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or 6.2.3 – limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable) or which we give under the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

7. ACCESS TO TECHNOLOGY AND THE INTERNET

7.1 – We will not be responsible for your inability to access the portal, services, and content due to limitations specific to your personal computers, mobile phones, and other similar devices (“Access Device”). To access the content, you must have an access device, which is able to connect to the internet and receive content.

7.2 – You, at your own cost, are responsible for obtaining and maintaining the access device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, needed to access the internet or to use the service.

7.3 – We are not responsible for any internet access charges, service provider charges, or data usage charges. These charges must be paid by you or the owner of the access device.

7.4 – We will not be responsible for your inability to access the portal, service, and content due to limitations specific to your access device. Paragraphs 7.1 to 7.4 have important legal consequences for you. In these paragraphs, our legal responsibilities are excluded or limited, you take on responsibilities and liability, and any rights you have against us are limited or excluded. You are responsible for ensuring that your access device has the necessary software and capabilities to access the content, and that you have access to the technology required to use the portal. It is your responsibility to ensure that you pay all internet and data charges. We will not be responsible or liable for any of these charges or if you cannot access the portal, services, or content.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 – The portal and content available on or through the portal may contain links to other third-party websites, which are completely unrelated to us or our portal. If you link to third-party websites, you may be subject to those third-party websites’ terms and conditions and other policies.

8.2 – Links to third-party websites on the portal are provided solely for your convenience. If you use these links, you leave the ProStream (Pty) Ltd website. We have not reviewed all these third-party websites and do not control or are responsible for these websites, their content, or availability. We, therefore, do not endorse or make any representations about them, any material found there, or any results that may be obtained from using them.

If you decide to access any of the third-party websites linked to this portal, you do so entirely at your own risk. Paragraphs 8.1 and 8.2 have important legal consequences for you. In these paragraphs, our legal responsibilities are excluded or limited; you take on responsibilities and liability, and any rights you have against us are limited or excluded. We are not liable if you suffer losses or damages when visiting another third-party website by following a link to that website from our portal. You accept that there may be risks when you use such third-party websites, and you do so at your own risk.

9. COMPETITIONS

ProStream (Pty) Ltd may run competitions and promotions on this portal or on social media. The terms and conditions relating to such competitions and promotions will be disclosed on the portal or in other communications made available to you.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 – The content we make available to you through the portal is owned by, or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you herein, all our rights, including intellectual property rights, in the content displayed on the portal, are expressly reserved.

10.2 – You must not use the portal or the content in any way that constitutes a violation of any law (including intellectual property law) or an infringement of our rights (including intellectual property rights), the rights of our licensors, or any third party.

10.3 – All intellectual property rights, including all rights, title, and interest in and to the portal and content, of whatsoever nature existing now and, in the future, remain our absolute property and that of our licensors.

10.4 – You will not, at any time, acquire any rights, title, ownership, or interest, including any intellectual property rights, in or to the portal or the content other than those rights expressly granted to you in these Terms.

10.5 – Where any of the content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.

11. ELECTRONIC COMMUNICATIONS

By using the portal or communicating with us by electronic means, you consent and acknowledge that all agreements, notices, disclosures, or any other communication satisfy any legal requirement, including but not limited to the requirement that such communications should be “in writing.”

12. DISCLAIMER

12.1 – While we endeavor to ensure that the information on the portal is correct, we do not warrant the accuracy and completeness of the material on the portal. We may make changes to the material on the portal at any time without notice. The material on the portal may be out of date, and in this regard, we make no commitment to update such material.

12.2 – The material on the portal is provided “as is,” without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the portal on the basis that we exclude all representations, warranties, conditions, and other terms whatsoever, including (without limitation) any representations, warranties, or conditions as to the operation, integrity, compatibility, availability, or functionality of the portal or content, which, but for the legal notice set out in this paragraph 12, might have effect in relation to the portal.