https://www.ican-automation.co.za Argotic Syndication Framework, http://www.codeplex.com/argotic
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Wed, 25 Nov 2020 12:20:46 +0200 Wed, 25 Nov 2020 12:01:01 +0200

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ican Automation (PTY)Ltd (“we,” “us” or “our”), concerning your access to and use of the Alex or Alexa DCP (which will be referred to as the “DCP” for the remainder of this document). Additional devices linked to the DCP (clocks, “call” devices such as surgeon call or patient call or nurse call or etc., PACS or any other devices that may be presented on our DCP or pull or put information on our DCP) will also be included in the term “DCP”.
You agree that by utilizing the DCP, you have read, understood, and agree to be bound by all these Terms and Conditions. If you do not agree to all these Terms and Conditions, then you are expressly prohibited from using the DCP and you must discontinue use immediately.
Supplemental terms and conditions for the DCP may be appended to this document from time to time and are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the DCP after the date such revised Terms and Conditions are posted.
The information provided on the DCP is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
These terms and conditions were generated by ICAN’s Terms and Conditions Generator.
The DCP, which may hold private information or imaging, is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the DCP.




Unless otherwise indicated, the DCP is our proprietary property and all source code, databases, functionality, software, webDCP designs, audio, video, text, photographs, and graphics on the DCP (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the South Africa, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the DCP “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the DCP and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the DCP, you are granted a limited license to access and use the DCP and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.




By using the DCP, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information, as necessary.
(3) you have the legal capacity, and you agree to comply with these Terms and Conditions.
(4) you are not under the age of 18
(5) you are not a minor in the jurisdiction in which you reside
(6) you will not access the DCP through automated or non-human means, whether through a bot, script, or otherwise.
(7) you will not use the DCP for any illegal or unauthorized purpose.
(8) your use of the DCP will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the DCP (or any portion thereof).




You may not access or use the DCP for any purpose other than that for which we make the DCP available. The DCP may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the DCP, you agree not to:
1. systematically retrieve data or other content from the DCP to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the DCP, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. use a buying agent or purchasing agent to make purchases on the DCP.
4. use the DCP to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the DCP, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the DCP and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the DCP.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the DCP or the networks or services connected to the DCP.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.





13. use any information obtained from the DCP to harass, abuse, or harm another person.
14. use the DCP as part of any effort to compete with us or otherwise use the DCP and/or the Content for any revenue-generating endeavour or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the DCP.
16. attempt to bypass any measures of the DCP designed to prevent or restrict access to the DCP, or any portion of the DCP.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the DCP to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the DCP’s software, including but not limited to Crestron, SIMPL Windows, C+, C# and Python or any other code used in production of the DCP.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the DCP or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the DCP.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the DCP, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the DCP.
24. use the DCP in a manner inconsistent with any applicable laws or regulations.




You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the DCP (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.




We reserve the right, but not the obligation, to:
(1) monitor the DCP for violations of these Terms and Conditions.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities.
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
(4) in our sole discretion and without limitation, notice, or liability, to remove from the DCP or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
(5) otherwise manage the DCP in a manner designed to protect our rights and property and to facilitate the proper functioning of the DCP.




We care about data privacy and security. Please refer to The POPI Act. By using the DCP, you agree to be bound by the POPI Act which is incorporated into these Terms and Conditions. Please be advised the DCP is created with regards to the laws and acts currently active in South Africa.
If you access the DCP from the European Union, Asia, USA or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in South Africa, then through your continued use of the DCP, you are transferring your data to South Africa, and you expressly consent to have your data transferred to and processed in the South Africa via means of South African laws and acts.




We respect the intellectual property rights of others. If you believe that any material available on or through the DCP infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the DCP infringes your copyright, you should consider first contacting an attorney.
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the DCP are covered by the Notification, a representative list of such works on the DCP.
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed upon.




If you believe your own copyrighted material has been removed from the DCP as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the Intellectual Property Laws Amendment Act 28 of 2013, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
(2) a statement that you consent to the jurisdiction of the courts of South Africa.
(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent.
(4) your name, address, and telephone number.
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled because of a mistake or misidentification of the material to be removed or disabled.
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Contact
Charl Hugo
Charl@ican-automation.co.za
+27 (0) 21 001 4226

We reserve the right to change, modify, or remove the contents of the DCP at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our DCP. We also reserve the right to modify or discontinue all or part of the DCP without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the DCP.
We cannot guarantee the DCP will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the DCP, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the DCP at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the DCP during any downtime or discontinuance of the DCP.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the DCP or to supply any corrections, updates, or releases in connection therewith.




These Terms and Conditions and your use of the DCP are governed by and construed in accordance with the laws of the Government of South Africa, applicable to agreements made and to be entirely performed within the Government of South Africa, without regard to its conflict of law principles.




To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least seven days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.




If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO TAKE THIS TO COURT.
The arbitration shall be commenced and conducted under the Rules of the Arbitration Foundation of Southern Africa by an Arbitrator appointed by the Foundation.
Your arbitration fees and your share of arbitrator compensation shall be determined prior to the arbitration, by the Arbitrator. The Arbitrator may in his finding make such a cost order against either of the parties as he/she deems fit, in his/her sole discretion.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required the arbitration will take place in Cape Town.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the High Court of South Africa, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in the High Court
In no event shall any Dispute brought by either Party related in any way to the DCP be commenced more than three years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.




The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal, unlawful or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.




There may be information on the DCP that contains typographical errors, inaccuracies, or omissions that may relate to the DCP, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the DCP at any time, without prior notice.




THE DCP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE DCP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DCP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE DCP’S CONTENT OR THE CONTENT OF ANY OF OUR DEVICES LINKED TO THE DCP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DCP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DCP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DCP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DCP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DCP, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.




IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE DCP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.




You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Contributions; (2) use of the DCP; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the DCP with whom you connected via the DCP.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.




We will maintain certain data that you transmit to the DCP for the purpose of managing the DCP, as well as data relating to your use of the DCP. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the DCP.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.




Visiting the DCP, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the DCP, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE DCP.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.




These Terms and Conditions and any policies or operating rules posted by us on the DCP constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions fully operate permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us because of these Terms and Conditions or use of the DCP. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.




To resolve a complaint regarding the DCP or to receive further information regarding use of the DCP, please contact us at:
Ican Automation
Unit 13
Roodebloem Office Park
20 Bella Rosa Street
Tygervalley
7530
Tel: 021 001 4226
Fax: 086 218 5489
charl@ican-automation.co.za