Terms and conditions of website use
1. Introduction and Legal Terms
By accessing or using our website, www.cosecly.co.za or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by Cosecly.
These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.
The terms “user”, “you” and “your” are used interchangeably in these Terms and accordingly refer to you. Accordingly, the terms “us”, “our” or “we” refers to Cosecly or our possession.
2. Our Services
Personal data, or personally identifiable information, means any information about an individual, both natural and juristic entities (people and companies), from which that entity can be identified. It does not include information where the identity has been removed (anonymous data).
We may collect, use, store, and transfer (“process”) different kinds of personal data about you which we have grouped together as follows:
Identity Data including information about you or your company such as full name, identity and passport number, company name, address and/or company registration details, date of birth and age, the country and cities where you are based.
Biometric Data including copies of identity and passport documentation.
Contact Data including email address, residential and/or address, proof of address documentation, and contact numbers.
Financial Data including bank account details and tax registration details.
Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, invoices and other details of services you have obtained from us or provide to us.
Technical Data including internet protocol address/es, login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Platform.
Usage Data including information about how you use our company, Platform, services and surveys.
Marketing and Communications Data including messages sent to us, your preferences in receiving notices and marketing from us and our third parties and your communication preferences as well as details of which communications were sent to you and how they were sent.
We may also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if we combine Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to suspend your use of our services but we will notify you if this is the case at the time.
3. Responsibilities and Warranties
Platform Responsibilities: by using the Platform you warrant that –
- you have read and agreed to these Terms and will use the Platform in accordance with them;
- you have not made any misrepresentations and the information provided about you or your company is true, accurate and complete in every aspect;
- you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
- you lawfully possess and submit all information to Cosecly for the use of the Platform and the Services and hereby indemnify Cosecly against any third-party claims that may arise due to the processing of the information shared by you with Cosecly;
- you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
- you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
- you will not infringe the intellectual property or other rights of any third party or Cosecly or transmit content that you do not own or do not have the right to publish or distribute;
- you will not use the Platform for any commercial purpose other than as expressly provided for by Cosecly herein;
- you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
- you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Cosecly to enforce all of our rights in the case of breach, including but not limited to denying you access to the Platform and/or the Services, reporting your actions to an applicable authority or instituting legal proceedings against you.
Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform or any portion thereof, will function on any particular hardware or device.
Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
4. Confidentiality
Cosecly acknowledges that any information you provide in connection with your use of the Platform and Services is confidential and proprietary to you. Cosecly agrees to maintain the confidentiality of all such client information and not to disclose, use, or reproduce it for any purpose other than to provide the Services as expressly permitted under these Terms. This obligation of confidentiality shall survive the termination of your use of the Platform and Services. Cosecly further agrees to take all reasonable steps to protect your confidential information from unauthorised access, disclosure, or use.
5. Data Processing
We will store and process all data you share with us when using the Services, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013 (“POPIA”)) and our Privacy Policy.
You hereby grant us, the right to use and process your data, as an operator (as defined under POPIA) for the purpose of providing our Services to you. We will process, store and maintain your data for such period of time necessary to provide our Services to you.
Please see our Privacy Policy for more information on how we process personal data.
6. Messages and Hyperlinks
Data Messages between You and Cosecly
Data messages, including email messages and support queries, you send to us will be considered as received only when we acknowledge or respond to these messages.
Data messages we send to you will be regarded as received when the data message enters your email sever inbox or internal Platform messaging inbox and is capable of being retrieved and processed by you.
We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
Hyperlinks, Deep Links, Framing
The Platform may include links to other websites (“other sites“). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
7. Intellectual Property
Platform IP: All Platform and software layout, Platform and software content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Cosecly, our shareholders, directors, and/or affiliates, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a revocable, non-exclusive, non-transferable, fully paid licence to use such intellectual property to provide you with our Services.
No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform, the Services or Cosecly are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform or to suspend or terminate the Platform at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party (“third party IP”) all 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. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related third party IP. Cosecly disclaims all liability related to any third-party components utilised in the Services. You acknowledge that Cosecly is not the author, owner or licensor of any third-party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP.
User License: Subject to adherence to the Terms, Cosecly grants to you a personal, revocable, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine within your network. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
Publicity: You are permitted to publicly state that you are a client of Cosecly and to display Cosecly branding in connection with your use of the Services. You agree that we may include your company name or branding in a list of Cosecly clients, online or in promotional materials and that we may also verbally reference you as a client of Cosecly. Any use of a party’s intellectual property and branding will inure to the benefit of the party holding intellectual property rights to such branding. A party may revoke the other party’s right to use its intellectual property under this clause by written notice providing a reasonable notice period within which to stop use of such intellectual property.
8. Indemnities and Disclaimers
Disclaimers
The Platform is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Cosecly does not warrant that the Platform or Services will meet your specific requirements or that any defects or errors will be corrected. You acknowledge and agree that your use of the Platform and Services is at your sole risk.
No advice or information, whether oral or written, obtained by you from Cosecly or through or from the Platform shall create any warranty not expressly stated in these Terms.
All content, information, and/or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not Cosecly. While we make every reasonable effort to present such information accurately and reliably, we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information.
We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components.
To the maximum extent permitted by applicable law, Cosecly, its shareholders, directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Platform; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Platform; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party.
You expressly acknowledge and agree that Cosecly is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties.
Indemnities
You agree to indemnify, defend, and hold Cosecly, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) to the extent arising from your use of the Platform and/or breach of these Terms, except to the extent such liability, loss, claim, or expense results from the gross negligence or wilful misconduct of Cosecly or its representatives.
This clause will survive termination of these Terms.
9. Dispute Resolution
Negotiation: Should any dispute, disagreement or claim arise between you and Cosecly concerning the use of the Platform, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
Arbitration: If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Cosecly.
Jurisdiction: Notwithstanding the above, both parties’ consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
10. Notices and Service Address
Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
- in the case of Cosecly, at howzit@cosecly.co.za; or
- in the case of the user, at the e-mail, cellphone number, and/or address provided when contacting with us.
Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
11. Company Information
- Site owner: Cosecly (Pty) Ltd
- Legal status: Private Company
- Registration number: 2025/432510/07
- Description of business: Company Secretary
- Platform address: www.cosecly.co.za
- Email address: howzit@cosecly.co.za
- Telephone number: 0689343976
- Registered address: Unit C Cirtech House, 12 Stibitz Street Westlake, Cape Town, Western Cape, 7945
- Postal address: As above.
12. General
Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.
Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.
No Indulgence: No indulgence, leniency or extension of time granted by Cosecly shall constitute a waiver of any of Cosecly’ rights under these Terms and, accordingly, Cosecly shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
Governing Law: Your access and/or use of the Platform, any downloaded material from it and the operation of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions above.
