CONTROL4’s WEBSITE TERMS

CONTROL4SOUTH AFRICA (Proprietary) Limited (CONTROL4)

PLEASE READ CONTROL4’s Website Terms in their prevailing form as posted on CONTROL4’s Website from time to time (CONTROL4’s WebsiteTerms) CAREFULLY ON EACH OCCASION THAT YOU ACCESS CONTROL4’s Website BEFORE YOU USE CONTROL4’s Website.

CONTROL4 PROVIDES ACCESS TO AND USE OF CONTROL4’s Website SUBJECT TO CONTROL4’s Website Terms. CONTROL4’s Website Terms ARE APPLICABLE TO ALL BUSINESS DEALINGS AND AGREEMENTS WITH ALL THIRD PARTIES AND CONTROL4 ANDBIND ALL USERS OF CONTROL4’s Website.

CONTINUED USE OF CONTROL4’s Website IN ANY FORM WHATSOEVER ON ANY PARTICULAR DATE CONSTITUTES ACCEPTANCE OF CONTROL4’s Website Terms (in their prevailing form as at the particular date of use) AND AGREEMENT WITH CONTROL4 AND YOU THE USER ON SUCH BASIS. IF YOU DO NOT ACCEPT CONTROL4’s Website Terms IN THEIR ENTIRITY YOU MUST TERMINATE YOUR USE OF CONTROL4’s Website IMMEDIATELY.

CONTROL4’s Website Terms are to be read and construed together with both CONTROL4’s Terms in their prevailing form from time to time (CONTROL4’s Terms) and shall be given priority in the following order and where there is any conflict in any aspect of such terms, the particular aspect of the higher priority terms shall prevail over any conflicting aspect of any lower priority terms

CONTROL4’s Terms ; and

• CONTROL4’s Website Terms .

In relation to Dealers

• CONTROL4’s Website Terms are to be read together with CONTROL4’s Terms , CONTROL4’s Specific Dealer Terms in their prevailing form from time to time (CONTROL4’s Specific Dealer Terms) and (if applicable) CONTROL4’s Credit Terms in their prevailing form from time to time (CONTROL4’s Credit Terms).
• The above referred to terms shall be given priority in the following order and where there is any conflict in any aspect of such terms, the particular aspect of the higher priority terms shall prevail over any conflicting aspect of any lower priority terms

* CONTROL4’s Credit Terms (provided that same are applicable and have been signed by the Dealer);

* CONTROL4’s Specific Dealer Terms ;

* CONTROL4’s Terms ; and

* CONTROL4’s Website Terms .

CONTROL4’s WebsiteTerms, CONTROL4’s Terms, CONTROL4’s Specific Dealer Terms and CONTROL4’s Credit Terms are all available at www.control4.co.za .

1. Ownership & Copyright

1.1 Copyright in all material including copyright, trade marks, service marks, rights in brands, logos, graphics, photographs, product and price information displayed on or made available within CONTROL4’s Website from time to time (all collectively Material) is protected by both national and international intellectual property law. The trademarks, logos and service marks displayed on CONTROL4’s Website are registered and unregistered trademarks of their owners. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation, or exploitation of Material will constitute an infringement of such protection.

1.2 Without the prior written permission of CONTROL4 and/or the owner of Material

1.2.1 use including incorporation of any material whatsoever from CONTROL4’s Website within any other website or networked computer environment is prohibited;

1.2.2 nothing contained on CONTROL4’s Website should be construed as granting any licence or right to use any Material.

1.3 Any written permission granted by CONTROL4 to use or reproduce any material from CONTROL4’s Website shall be subject to it being recorded (in a manner acceptable to CONTROL4) together with such use or reproduction that such use or reproduction is subject to CONTROL4’s Website Terms.

1.5 Copyright in all material vesting in CONTROL4 published within CONTROL4’s Website shall continue to vest in CONTROL4. You agree to prevent any unauthorized copying of Materials. You may not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert any software used within CONTROL4’s Website.

1.6 Without derogating from the aforegoing, CONTROL4 authorises you to view, copy, download to a local drive, print and distribute the content of CONTROL4’s Website, or any part thereof on the basis that

1.6.1 if you download from CONTROL4’s Website, any material will be deemed to be licensed to you by CONTROL4 or the owner thereof only for the purposes specified herein;

1.6.2 neither title nor intellectual property rights are transferred to you, but remain with CONTROL4 or the owner thereof;

1.6.3 any downloading is on condition that such download is only used

1.6.3.1 to place an order or for information purposes;

1.6.3.2 (other than for placing orders) for non-commercial purposes.

1.7 No right, title or interest in any material whatsoever contained within CONTROL4’s Website is granted to you hereunder.

2. Content  

2.1 CONTROL4’s Website is only intended to provide general content, information, comment and functionality (all collectively Content) regarding CONTROL4 and its Products and services and it is not intended to provide exhaustive treatment of any subject.

2.2 CONTROL4’s Website may include technical, typographical or other inaccuracies.

3. Right to amend

3.1 CONTROL4 reserves all rights without notice at any time to

3.1.1 change, add or remove anything whatsoever within CONTROL4’s Website, CONTROL4’s Website Terms , CONTROL4’s Terms , CONTROL4’s Specific Dealer Terms and CONTROL4’s Credit Terms ;

3.1.2 alter or amend any criteria or Content within CONTROL4’s Website; 

3.1.3 introduce new products and services, to discontinue products and services, and to make design changes or modification to existing products and services;

3.2 A certificate and a copy of any relevant content of CONTROL4 ’s Website, CONTROL4’s Website Terms , CONTROL4’s Terms , CONTROL4’s Specific Dealer Terms and CONTROL4’s Credit Terms signed by a director of CONTROL4 shall be prima facie evidence of the contents of CONTROL4 ’s Website, CONTROL4’s Website Terms , CONTROL4’s Terms , CONTROL4’s Specific Dealer Terms and CONTROL4’s Credit Terms at any particular date.

4. Hyperlinks to Third Party Sites  

4.1 Hyperlinks are provided within CONTROL4’s Website for your convenience, are beyond the control of CONTROL4 and do not imply any representation or endorsement of any or website or its content.

4.2 Use of or reliance upon any provided hyperlink is at your own risk.

5. No Offer  

5.1 No Content contained within CONTROL4’s Website should be construed as an offer by CONTROL4. All Products and services offered by CONTROL4 are subject to signature of the requisite application forms and other documentation relating thereto and are governed by CONTROL4’s Terms.

5.2 CONTROL4 shall not be bound in any manner until a formal written agreement has been entered into between yourself and CONTROL4. CONTROL4 reserves the right to reject in its discretion any order or application submitted howsoever using CONTROL4’s Website.

6. Transmission of Content and security  

6.1 CONTROL4 is pleased to hear from you and welcomes your comments regarding CONTROL4 and Products.

6.2 While CONTROL4 has taken measures to attempt to ensure the integrity of CONTROL4’s Wesite and employs security features, processes and procedures on CONTROL4’s Website, CONTROL4 cannot guarantee the security of Content you transmit to CONTROL4. Notwithstanding various precautions taken by CONTROL4, you accept that transmitting Content including email over the internet may be subject to unlawful access or monitoring and that CONTROL4 are not liable for any loss harm or damage which you may suffer as a result of this.

6.3 You are therefore discouraged from transmitting to CONTROL4 any Content which may be confidential, proprietary or sensitive. You shall bear all risk of transmitting such Content in this manner and under no circumstances will CONTROL4 be liable for any loss, harm or damage suffered by you as a result thereof. CONTROL4 reserves the right to request independent verification of any Content transmitted via e-mail and you consent to such verification should CONTROL4 deem it necessary.

6.4 CONTROL4 requests that no unsolicited, confidential or proprietary Content be sent to CONTROL4. Any Content sent to CONTROL4 will be deemed not to be confidential, unless otherwise agreed in writing by CONTROL4.

6.5 All remarks, suggestions, ideas, graphics, or other Content communicated to CONTROL4 through or as a result of CONTROL4’s Website (the Submissions) become the sole and exclusive property of CONTROL4. CONTROL4 will not be required to treat any Submissions as confidential, and will not be liable to any third parties for any ideas howsoever relating to CONTROL4’s business or Product.

6.6 CONTROL4 will be entitled to use, reproduce, disclose and distribute any Submissions for any commercial or other purpose whatsoever, without compensation to you or any third party. You acknowledge that you are responsible for whatever Content you submit.

6.7 To enjoy full functionality and all the security features available on CONTROL4’s Website you require the browser and version thereof as specified on CONTROL4’s Website from time to time. If you do not have the specified browser then you might not enjoy the full functionality or security features made available on CONTROL4’s Website, in which case you acknowledge and accept that CONTROL4’s Website may fail to function properly and you accept all risks in relation to this.

6.8 Should CONTROL4 make available a discussion group or bulletin board on CONTROL4’s Website, you, shall be liable and take full responsibility for what you provide by way of Content and for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might post or encounter and CONTROL4 shall bear no liability or responsibility therefore whatsoever.

7. South African application

Unless otherwise specified in writing, the Products, services and features on CONTROL4’s Website are directed solely for use in South Africa. Those who choose to access CONTROL4’s Website from locations other than South Africa do so on their own initiative and are responsible for compliance with their own local laws if and to the extent applicable.

8. Disclaimer and limitation of liability

8.1 CONTROL4’s Website and the information contained therein is provided "as is" (ie voetstoots).

8.2 Certain information contained within CONTROL4’s Website is supplied by manufacturers and suppliers of Product, service providers to CONTROL4 and third parties.

8.3 The Content within CONTROL4’s Website is general in nature and is not intended as advice on any particular matter.

8.4 You should not act or fail to act merely on the basis of any Content contained within CONTROL4’s Website.

8.5 While CONTROL4 has taken measures to attempt to ensure the integrity of CONTROL4’s Wesite and employs security features, processes and procedures within CONTROL4’s Website, CONTROL4 and CONTROL4’s affiliated companies, holding company, subsidiaries or subsidiaries of its holding company, or their shareholders, agents, consultants, officers, directors, employees and agents (the CONTROL4 Team)

8.5.1 shall not be liable for

8.5.1.1 any damages whatsoever (including any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise) arising from or relating to the use of CONTROL4’s Website, irrespective of the cause of loss;

8.5.1.2 any interruption; malfunction; downtime or other failure of

8.5.1.2.1 CONTROL4’s Website or computer systems for whatsoever reason;

8.5.1.2.2 products, goods or services provided by third parties, including, public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;

8.5.1.3 any event caused by force majeure or over which CONTROL4 have no control;

8.5.2 make no, and expressly disclaim all, express or implied representations or warranties, including warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;

8.5.3 do not warrant that

8.5.3.1 CONTROL4’s Website or information will be

8.5.3.1.1 uninterrupted, timely, secure or error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality;

8.5.3.1.2 free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network;

8.5.3.2 any files, downloads or applications available within CONTROL4’s Website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system

and make no express, implied representations or warranties with regard to the issues referred to in 8.5.3.1 and 8.5.3.2;

8.5.4 do not accept any liability or responsibility whatsoever for

8.5.4.1 policies adopted by the proprietors of any other websites which are not under CONTROL4’s control;

8.5.4.2 the content of any other websites including any link contained, or any changes or updates to any such websites;

8.5.4.3 the functionality (or lack thereof) of any other websites.

9. Enforceability

If any of part of CONTROL4’s Website Terms is not fully enforceable for any reason, the remainder shall nonetheless continue to apply. 

9. Jurisdiction

CONTROL4 ’s Website Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You consent to the exclusive jurisdiction of the relevant courts of South Africa in respect of any disputes arising in connection with the use of CONTROL4’s Website or the products and services referred to in CONTROL4’s Website, or CONTROL4’s Website Terms or any matter related to or in connection with CONTROL4.

10. Availability of CONTROL4 website

CONTROL4 may, in CONTROL4’s sole discretion, at any time suspend or terminate the operation of CONTROL4’s website or any of the services provided through CONTROL4’s website or advertised within CONTROL4’s website or your access to any or all parts of CONTROL4’s website at any time, without prior notice to you and without the need to provide you with any reasons.

Privacy

11. When and how CONTROL4 collects information

CONTROL4 may specifically request information from you, generally this information is requested when you wish to contact CONTROL4 by means of an enquiry, query, a request for quotation, or an order, or when you register as a Dealer.

12. Why CONTROL4 collects information

CONTROL4 collects information to ensure that you receive a more customised service, which will add value to your experience with CONTROL4. By doing this CONTROL4 is better equipped to meet your needs by targeting the best and most appropriate services and Products for you.

13. Use of information collected

CONTROL4 will treat your information in total confidence and will only share your information with the CONTROL4 Team and its suppliers, affiliates, investors, alliance partners and agents. The information CONTROL4 collects from you may be used for a variety of reasons, such as establishing the general demographics, statistics or market information or to compile a broad profile of visitors/members who access and interact on and through CONTROL4’s website. If you register, or otherwise give CONTROL4 your personal details, CONTROL4 will not share that information with third parties without your permission, other than for the limited exceptions already listed. Information will only be used for the purposes stated above. CONTROL4 do not make our mailing list available to anyone else.

14. Email/mail of promotions

CONTROL4 may also use the information CONTROL4 collects to be better able to meet your needs by emailing/mailing you information on Products and related matters which may be of interest to you. From time to time CONTROL4 will email/mail you information about CONTROL4 and Products. If you do not wish to receive these emails/mail you can opt out by contacting CONTROL4 with a request to be removed from CONTROL4’s mailing list.

15. Security of your personal details

CONTROL4 have endeavoured to protect the security of your personal details and honour your choices for its intended use. CONTROL4 has in place IT which endeavours to protect your data carefully from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Your personal details are not shared outside CONTROL4 without your permission, except under conditions already explained above. Inside CONTROL4 data is stored in a password-protected environment and is only accessible to relevant staff.

16. Cookie technology

CONTROL4 uses cookie technology. Cookie technology consists of tiny pieces of data or a small text file that is stored on the your computer's hard drive and which contains information about you, so that next time you visit CONTROL4’s website the cookie reminds CONTROL4 of who you are, enabling CONTROL4 to achieve CONTROL4’s goal of providing a valuable online experience to you. You can, however, set up your internet browser to disable this cookie technology.

17. When CONTROL4 will disclose information

CONTROL4 will disclose information if required to do so by law or if disclosure is required to protect the safety of CONTROL4’s customers or the public, or if CONTROL4 believes that such action is necessary to protect and defend CONTROL4’s rights or property, CONTROL4’s Website or CONTROL4’s customers.