Terms & Conditions

The Site is the property of FUNDA WANDE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

FUNDA WANDE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, FUNDA WANDE grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to FUNDA WANDE, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without FUNDA WANDE’s express prior written consent.

Accounts, passwords and security
Certain features or services offered on or through the Site may require you to create an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify FUNDA WANDE immediately of any unauthorized use of your account or password, or any other breach of security.

You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. FUNDA WANDE cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Disclaimers
FUNDA WANDE does not promise that the Site or any Content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change without notice. FUNDA WANDE cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. FUNDA WANDE disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. FUNDA WANDE disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any FUNDA WANDE services. You assume total responsibility for your use of the Site and any linked sites. Your sole remedy against FUNDA WANDE for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

FUNDA WANDE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of liability
Except where prohibited by law, in no event will FUNDA WANDE be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if FUNDA WANDE has been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold FUNDA WANDE, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against FUNDA WANDE by any third party due to or arising out of or in connection with your use of the Site.

Violation of these terms of use
FUNDA WANDE may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FUNDA WANDE’s rights or property, or the rights or property of visitors to or users of the Site, including FUNDA WANDE customers.

FUNDA WANDE reserves the right at all times to disclose any information that FUNDA WANDE deems necessary to comply with any applicable law, regulation, legal process or governmental request. FUNDA WANDE also may disclose your information when FUNDA WANDE determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and FUNDA WANDE with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and FUNDA WANDE with respect to such use are hereby superseded and cancelled.

Privacy Policy

Information Privacy Statement

We are committed to respecting and protecting the privacy rights of all clients, customers, business partners and associates of this organisation in terms of the provisions of the Protection of Personal Information Act of 2013 (‘POPIA’ or ‘the Act’).

The purpose of this privacy statement is to give an outline of our policy in respect of the processing of your personal information as a ‘data subject’ in terms of the Act. In this statement we inform you why we require personal information about you, how we will collect that information, for what purposes we will store or use the information and how we will protect your personal information. It also informs you about your rights.

This statement is issued on behalf of Mertech Services (Pty) Ltd and, where applicable, it’s associates.

What personal information do we collect about you and how do we collect it?

We collect information when initially engaging with you and in the course of doing business with you, as a consequence of which you are considered to be a data subject in terms of the Act. As a general rule information is collected voluntarily and directly from a data subject, or from and authorised representative of the data subject. In some cases, personal information may be collected from our associates, from the public domain or from other sources, provided that it is collected in a lawful manner and for lawful purposes as envisaged by the Act. The information may be collected manually or electronically, telephonically, via email, online portals or via other electronic platforms.

The information that we collect includes information envisaged by the definition of ‘personal information’ in the Act, but we try to limit the amount of information we collect so that it is relevant and adequate for the purposes for which it is collected.

We do not collect ‘special personal information’ as defined in the Act in the normal course of our business, but may do so where authorisation has been obtained, or if it is required or permitted by law.

Why do we need this information?

The information you provide will only be used for the purposes pertaining to the services or products provided by us and our associates, or for other lawful purposes as prescribed or permitted by the Act. We will not use your personal information for any other purpose.

How do we ensure that your information remains secure?

We have measures in place to ensure the maintenance of security surrounding the storage and disclosure of personal information, as required by the Act.  Whenever any external party is appointed to operate our data storage systems, we seek a written undertaking from such an external party that the integrity and confidentiality of the personal information will be protected.

Data in other locations

Given the nature of our business, the personal information that we collect about you may be transferred to, and stored electronically in locations other than the business’s premises, including in other countries.  In such cases, the business will take appropriate steps to ensure that there is an adequate level of data protection in the country of the recipient as required in terms of the Act. If the external party is unable to ensure an adequate level of data protection, we will inform you accordingly and your personal information will not be transferred to any such location without your consent.

For how long is the information retained?

The personal information collected from you will only be kept for as long as it is reasonably necessary to serve the purpose for which it was collected. We shall review the need to keep particular records from time to time. However, you may contact the information officer at any time if you would want any record of your personal information to be removed.

Your rights and obligations under the POPIA

We have appointed and registered an Information Officer with the Information Regulator to ensure that the provisions of the Act are complied with and to facilitate communication with subscribers, clients, business partners, associates and the Information Regulator.

You have the right to object to the processing of your personal information in certain circumstances (Section 11(3) of the Act). You also have the right to access personal information we hold about you and to request for it to be corrected, or to be destroyed or deleted in certain circumstances (Section 24 of the Act). You may address your requests to the Information Officer via the e-mail address mentioned below.

Changes to this Statement

Some of the points in this statement may also be referred to or elaborated on in a service or other agreement we have with you. While we reserve the right to update this statement from time to time, it will not affect any agreement we have with you.

Complaints or queries

If you have a complaint, you may contact the Information Regulator at [email protected]. However, we would encourage you to first contact the Information Officer in order to address any concern or query that you may have. Please
contact us by sending an email to [email protected].