Processing Personal Information

We respect your privacy and acknowledge that NCT Software and Electronic Communications may contain personal details, which may belong to you and/or others (Personal Information) as defined by the Protection of Personal Information Act 4 of 2013 (POPIA).

By making use of the NCT Software and when sending and / or receiving Electronic Communication, you expressly give NCT consent to process and further process the Personal Information contained therein which processing will be done in accordance with POPIA, our Privacy Statement and the respective Processing Notices.

Privacy Policy

The NCT website does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. We do collect login details for you to use certain services on the NCT Software.

Any information collected is used solely by NCT for the specific purpose for which it was collected.

The personal information of NCT’s business partners are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorised us to do so, or if we are required to by law.

Application of POPIA to Users

By receiving information from us when downloading content from any NCT Software or receiving Electronic Communications, you the User shall be regarded as a Responsible Party as defined by the POPIA and you are bound by the provision of POPIA for lawful processing.

Users are obligated to Notify NCT of any breach of data involving an NCT data subject or NCT itself.

NCT and its employees, shall not to be held liable for any loss or damage to a data subject that may arise from the User’s failure to comply with POPIA and the User of this information indemnifies and holds NCT and its employees harmless against any loss or damage including any fines and penalties and legal costs which may arise in any proceedings or imposed by the Information Regulator.

Disclaimer – NCT Software

The information, content, services, products and materials provided by NCT, including without limitation, text, graphics, audio-video, links and any other data formats are provided on an “as is” basis.

Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information, there may be instances where such information proves inaccurate or incomplete.

Changes are periodically made to the information herein and these changes will be incorporated in new editions NCT Software.

Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from the NCT Software.

Disclaimer – Electronic Communication

The content and information (inclusive of all attachments) embodied in Electronic Communications despatched from any electronic communication system or source of NCT or its employees, is confidential and may be legally privileged.

If you are not the intended recipient, you should advise NCT and the individual sender by immediate return and delete same entirely from all of your storage records. Recipients of any spam or offensive content should report this to NCT.

No enforceable agreement may be entered into between NCT and the recipient by Electronic Communication without the express separate written authority of an authorised representative of NCT.

The content of an email shall not be regarded as a binding contract unless the email expressly states that it is and sent from a person who is expressly authorised to conclude contracts for NCT. Only such attachments included in an email may be regarded as a contract if it is signed by an authorised NCT person.

Users should also be aware that electronic communication despatched or made available as above, may be intercepted in accordance with the statutory provisions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002 as amended.”

Limitation of Liability

Without limiting the generality of the disclaimers herein:

• NCT does not make any representations or warrant that the NCT Software or Electronic Communications, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
• Whilst NCT has taken reasonable measures to ensure the integrity of the NCT Software and Electronic Communications, no warranty, whether express or implied, is given that any files, downloads or applications available via the NCT website or electronic communications 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.

NCT and its employees shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages or any loss arising out of or in any way connected with the use of the NCT Software, use of Electronic Commutations or in the event of criminal conduct where a third-party, not related to NCT, impersonates NCT or an NCT employee with the intent to defraud a User.

Such limitation of liability shall also apply with respect to damages resulting from the inability to use the NCT Software or Electronic Communications, the operational failure of NCT Software, or for any information, data, products, and services obtained through NCT Software or Electronic Communications, or otherwise arising, whether based on contract, delict, strict liability or otherwise.

Unauthorised Use

Users of NCT Software may be required to register login credentials in order to make use of such software or NCT services.

You are responsible for ensuring that your device or computer is kept safe and secure. You must notify us immediately if you suspect any unauthorised use of your device or any security breach that involves your NCT account credentials.

You may not be in possession of any user authentication credentials for any NCT account that you are not authorised to access.

NCT shall not be liable for any damages where such breach may occur.

Copyright

All content included on NCT Software, such as text, graphics, logos, button icons, images, audio-video clips, databases and software, is the property of NCT or its content suppliers and protected by South African and international copyright laws.

Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on NCT Software is the exclusive property of NCT and protected by South Africa and international copyright laws.

Without derogating from the above, NCT authorises you to view, copy, download to a local drive, print and distribute content from the NCT Software provided that: 

• Such content is used for information purposes only;
• Such content is used for non-commercial purposes. Users are expressly prohibited from incorporating any of the material from NCT Software in any other work, publication or website of your own or belonging to another.
• Any reproduction of material from NCT Software or portion thereof must include this notice in its entirety.

Violation and Waiver

Should you violate these Terms and Conditions or any other rights of NCT, we reserve the right to pursue any legal and equitable remedies against you.

If we should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.

If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

General

NCT reserves the right to make changes to these disclaimers, policies and terms and conditions at any time. Any such amendments will apply to Users.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws.

You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with these Terms and Conditions.

Enquiries

Should you have any legal questions please direct them to:

The Information Officer