Terms & Conditions

fishNET advertising (Pty) Ltd t/as fishNET Online
advertising and new media

(further referred to as “fishNET Online”)

WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS

This document contains the terms and conditions for the use of “fishNET Online” website and extended online services. By accessing any page on the “fishNET Online” website or making use of any online services you agree to the following terms and conditions. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the “fishNET Online” website or any part thereof. If you do not agree with these terms and conditions you must leave the “fishNET Online” web site and discontinue your use of all the online services without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions. Important terms which may limit “fishNET Online” responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.

CUSTOMER PRIVACY POLICY

“fishNET Online” shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

DEFINITIONS AND INTERPRETATION

  1. ““fishNET Online” website” owned and operated by “fishNET Online” and located at fishnetonline.co.za, or any page, part or element thereof;
  2. “online services” means the “fishNET Online” website and any other service offered by “fishNET Online” through electronic means, including but not limited to electronic billing platforms, memberships, online courses, online portals, online orders and interactive customer websites, and shall include the content and information provided or exchanged as part of such services;
  3. “User / you or your” means any person who enters or uses the “fishNET Online” website or online services, notwithstanding the fact that such a person only visits the home page of the “fishNET Online” website or online service portals;
  4. References herein to the singular include the plural and vice versa and;
  5. Hyperlinks have been used in these terms and conditions. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.

DISCLAIMER

  1. Whilst every reasonable effort has been made by “fishNET Online”, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images and the reliability of the binary data on the online services, “fishNET Online”, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.
  2. “fishNET Online” makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services and the online services are used at your own risk.
  3. “fishNET Online” does not warrant that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free.

INDEMNITIES AND LIMITATION OF LIABILITY

  1. “fishNET Online” shall not be liable to you or any third party, in any manner whatsoever, and you indemnify “fishNET Online” accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the online services or your use of the online services, other than in respect of losses caused by “fishNET Online” gross negligence or intentional misconduct.
  2. “fishNET Online” shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the “fishNET Online”, termination of any licence to operate or use the “fishNET Online” website, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond “fishNET Online” reasonable control.

PERMITTED USE AND LICENSE

  1. You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the online services for lawful and legal purposes.
  2. You warrant that you shall not:
    • use the online services for commercial and non-private purposes; and
    • use the online services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;
    • The caching of the online services shall only be allowed if:
    • the purpose of the caching is to make the onward transmission of the content from the online services more efficient;
    • the cached content is not modified in any manner whatsoever;
    • the cached content is updated at least every 12 (twelve) hours; and
    • the cached content is removed or updated when so required by “fishNET Online”.
    • If you use content from the online services in breach of these terms and conditions:
    • “fishNET Online” reserves the right to claim damages from you;
    • “fishNET Online” reserves the right to institute criminal proceedings against you; and
    • “fishNET Online” shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.
  3. Hyperlinks to the online services from any other source shall be directed at the home page of the “fishNET Online” Links beyond the “fishNET Online” website home page may only be used with “fishNET Online” prior written consent.
  4. Users may quote small and reasonable amounts of content available from the online services only if such content is placed in inverted commas and the source acknowledged.
  5. No person may, without the prior written consent of “fishNET Online”, frame the online services in any manner whatsoever.
  6. Apart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the online services for any purposes, without the prior written consent of “fishNET Online”.
  7. E-mail addresses, names, telephone numbers and fax numbers published on the online services may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information in/on the online services may be used to communicate unsolicited communications to “fishNET Online” and all of “fishNET Online” rights are reserved.
  8. All licenses and/or permissions granted in terms of these terms and conditions are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by “fishNET Online” at any time without prior notice or reason.

PASSWORD/PIN FOR ACCESS TO ONLINE SERVICES

  1. You agree that you will be responsible for the safekeeping of your password/PIN for access to all online services and you accept all liability in the event that the password/PIN is disclosed to a third party, whether intentional or unintentional. You agree that the disclosure of your password/PIN is done at your own risk.
  2. Furthermore, you acknowledge that you are responsible for ensuring that no unauthorised access to the online services is obtained using your password/PIN, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
  3. You agree that if you disclose your password/PIN to a third party, the third party may have access to your personal, account and billing information and agree that “fishNET Online” shall not be liable in this regard.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property on the “fishNET Online” web site and online services, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to “fishNET Online” and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the “fishNET Online” website and online services are expressly reserved.

SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the online services and/or download content from the “fishNET Online” web site and the online services.

PRIVACY STATEMENT

  1. “fishNET Online” shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.
  2. As and when necessary, “fishNET Online” may electronically collect, store, disclose and/or use the following of your personal information:
    • name and surname;
    • contact numbers;
    • non-personal browsing habits and click patterns through coookies and analytics;
    • e-mail address;
    • IP address;
    • geographical location;
    • account details; and/or
    • username and password (required for access to personal information pages).
  3. “fishNET Online” collects stores and uses the above-mentioned information in order for “fishNET Online” to:
    • communicate requested information to you;
    • respond to queries, responses or complaints submitted by you;
    • process orders or applications for “fishNET Online” products and/or services;
    • create products or services that may meet your future requirements;
    • provide you with access to restricted pages on the “fishNET Online” website; and
    • compile non-personal statistical information about browsing habits, click-patterns and access to the online services.
  4. Personal information detailed above is collected and/or stored either electronically by the use of “cookies” or is provided voluntarily with your knowledge and consent. You can determine any use of cookies through your browser settings, but note that turning off cookies may cause certain features of the online services or “fishNET Online” website to be unavailable to you. You may visit www.allaboutcookies.org for further information on cookies.
  5. “fishNET Online” may further collect non-personal information, for example, your IP address, the date and time of your visits to the “fishNET Online” website, and browser history, to recognise “fishNET Online” may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
  6. “fishNET Online” owns and retains all rights to non-personal statistical information collected and compiled by “fishNET Online”. As and when necessary, “fishNET Online” may use and/or disclose your personal information collected:
    • in order to comply with legal and regulatory requirements and applicable laws;
    • to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;
    • to attorneys and/or debt collection agencies if you breach any agreements with “fishNET Online”;
    • to “fishNET Online” agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide “fishNET Online” products, services and the online services to you;
    • to consumer research companies for the purposes of conducting research on improving “fishNET Online” products, services and the online services;
    • for the purposes of us publishing a directory containing the name, address, details and the applicable mobile phone number of “fishNET Online” subscribers; and
    • for the purposes of “fishNET Online” informing or sending information to you about any new services or products offered by “fishNET Online” and/or by any of “fishNET Online” agents and/or consultants and/or trade partners which we consider may be of interest to you. “fishNET Online” will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.
  7. By using the online services and the “fishNET Online” website you understand that “fishNET Online” may, where necessary and where permitted by law, monitor your calls, e-mails or SMS’s for business purposes, including for purposes of quality control, training, marketing and improving the online services. “fishNET Online” agrees that it will not disclose any personal information that could be used to identify you.
  8. “fishNET Online” reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.

HYPERLINKS TO THIRD PARTY SITES

  1. In the event that the online services contain hyperlinks to third party sites not controlled by “fishNET Online” (“target sites”), “fishNET Online” is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by “fishNET Online” of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk “fishNET Online” recommends that you check the policy of the target sites if you have any concerns or questions.
  2. “fishNET Online” shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the “fishNET Online” website and/or online services without “fishNET Online” prior written consent shall do so at their own risk and indemnify “fishNET Online” against any loss, liability or damage that may result from the use of content from the “fishNET Online” website and online services, if such content was accessed through a hyperlink not directed at the home page of the “fishNET Online” website and/or online services. “fishNET Online” non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

SECURITY

  1. “fishNET Online” shall take all reasonable steps to secure the content of the online services and the information provided by and collected from Users from unauthorised access and/or disclosure, however, “fishNET Online” makes no warranties or representations in this regard.
  2. While “fishNET Online” has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, “fishNET Online” assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond “fishNET Online”

DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA

Access to the services, content, software and downloads available from the online services may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, “fishNET Online” provides the following information:

  • The full name and legal status of the online services owner: fishNET advertising (Pty) Ltd t/as fishNET Online
  • Company Registration Number 2019/366655/07
  • VAT Registration Number 4290292400
  • Company Director: Sebastian Meredith and Kelly Meredith
  • Company Secretary: Gillian Crawshaw
  • Street address: 19 Cheltenham Rd, Umkomaas, 4170;
  • Postal address: 19 Cheltenham Rd, Umkomaas, 4170;
  • Physical address for receipt of legal service: 19 Cheltenham Rd, Umkomaas, 4170;
  • Main business: “fishNET Online”;
  • The web site addresses of the “fishNET Online” website is: fishnetonline.co.za;
  • The official e-mail address of the “fishNET Online” website is: studio@fishnet.co.za;
  • Access to and use of the “fishNET Online” website is provided free of charge;
  • Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to online services; the inability to access the online services; the services and content available from the online services; or these terms and conditions, shall be referred to “fishNET Online”;
  • You may return goods or services as detailed in ECTA, the Consumer Protection Act and “fishNET Online” policies; and
  • Users may lodge complaints concerning the online services with “fishNET Online” at: studio@fishnet.co.za;

CHANGES AND AMENDMENTS

To the extent permitted by law, “fishNET Online” reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

  • change these terms and conditions;
  • change the content and/or services available from the online services;
  • alter and/or discontinue any aspect of the online services; and/or
  • change the software and hardware required to access and use the online services.
  • The amended versions of the terms and conditions and online services will be displayed in the same media as these terms and conditions. By continuing to use the online services, you agree and understand that you will be bound by the amended terms and conditions.

fishNET advertising (Pty) Ltd
advertising and new media

(further referred to as ““fishNET Online”“)

GENERAL

  1. All quotations are valid for 30 days.
  2. Costs quoted exclude expenses and inter-city travel time.
  3. Local (within 30km of the Durban CBD) travel time will not be charged for.
SCOPE OF WORK
  1. The scope of work is as described in the proposal/quotation and subject to the presumptions made therein.
  2. Should the scope of work require amendment in any way, this estimate is subject to revision and any additional work will not be undertaken until the Client has approved the revised estimate.
TIMESHEETS AND TIMING
  1. “fishNET Online” will keep timesheets of all work undertaken on this project.
  2. “fishNET Online” will advise the client of time spent upon 5 days written request and will advise the Client timeously should it become apparent that significantly more or less time will be needed to complete the work specified.
  3. Milestones for each part of the project will be created upon acceptance of the quotation which are dependent on the client adhering tothe agreed time schedule for provision of information and reverts. In the event that time schedules are not adhered to, “fishNET Online” accepts no responsibility for late delivery.
  4. Unless otherwise agreed, should a project be dormant for 21 working days, “fishNET Online” reserves the right to deem the project complete and issue a final invoice for any work done in accordance with timesheets by “fishNET Online”, together with an additional cancellation fee of 30% of the remaining value of the project.
PAYMENTS
  1. A 50% deposit is payable upon acceptance of quotation/s and the balance upon delivery of final materials. No work will commence until confirmation of the payment of deposit is received.
  2. In the event that the deposit is not be received by the start date of the project, “fishNET Online” shall, within its sole and absolute discretion, determine whether the project deadlines necessitate extension.
  3. Unless otherwise agreed in writing, clients are required to pay “fishNET Online” in accordance with the payment schedule outlined in the cost estimate.
  4. “fishNET Online” reserve the right to suspend work or withhold material should the Client be in breach of the payment schedule.
  5. Should a project exceed the original timing schedule, “fishNET Online” reserves the right to charge progress payments payable upon presentation of invoice.
WORKING HOURS
  1. A working day is seven (7) hours in duration, Monday to Friday between 08h00 until 16h30. Evening and weekend work may be charged at a rate up to double the usual rate charged by “fishNET Online” from time to time.
CONFIDENTIALITY
  1. All work undertaken by “fishNET Online” will be confidential, until such time as the material becomes available in the public domain.
  2. Unless otherwise agreed in writing, the client hereby grants “fishNET Online” permission to use this work in order to promote “fishNET Online” (eg. in a portfolio/on our website).
OWNERSHIP OF MATERIAL
  1. All intellectual property created pursuant to this agreement (including source files, original creative work and any copyright subsisting therein) shall remain the property of“fishNET Online” An agreement based on industry standard to release of these files will beproposed should the need arise.
  2. All Final Output files required as per each briefed project, shall remain the property of “fishNET Online” until:
    • The termination of this agreement; and
    • All amounts due to “fishNET Online” pursuant hereto have been paid in full.
CANCELLATION
  1. Should the Client be unable to keep their commitment and the project is cancelled or postponed indefinitely, the Client shall be liable to reimburse “fishNET Online” in full for any work done (in accordance with timesheets kept by “fishNET Online”) together with an additional cancellation fee of 30% of the remaining value of the project.
  2. In addition to the aforegoing “fishNET Online” may recover any damages which it may be entitled in law
LIMITATION OF LIABILITY
  1. While every effort is made to ensure that all work done is free of errors, all services are provided voetstoots, WITHOUT ANY WARRANTY OF ANY NATURE WHATSOEVER, either express or implied.
  2. “fishNET Online” accepts no liability to the client or any of its partners, subsidiaries or associates for any indirect, special, incidental, or consequential damages of any nature including, without limiting the generality of the aforegoing, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.