Terms & Conditions

Introduction

Welcome to the ENiche Website, https://eniche.co.za.
The website facilitates the hiring and letting of Memorial Niches at The AFM of SA: Doxa Deo Tshwane Assembly t/a Doxa Deo Faerie Glen.

The website is owned by Doxa Eniche (Pty) Ltd, developed by Contango Technologies (Pty) Ltd. The website is located within the Republic of South Africa.

Terms and conditions of use

Any person accessing this website (user) is subject to, and agrees to, the terms and conditions set out in this legal notice. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use, download and/or otherwise copy or distribute content obtained on this website.

Usage and copyright

Users may view, copy, download to a local drive, print and distribute the content of this website, or any part thereof only for non-commercial informational or reference purposes.

Users who wish to use content from this site for commercial purposes may only do so with the prior written permission obtained from the web administrator at [email protected].

All moral and any other rights of ENiche, Contango Technologies and The AFM of SA: Doxa Deo Family Network in respect of which content is contained on this site not expressly granted are reserved.

Intellectual property rights

All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publications, products, processed, or ideas described in this website may be the subject of other rights, including other intellectual property rights, which are the property of or licensed to ENiche, The AFM of SA: Doxa Deo Family Network and/or Contango Technologies and as such are protected from infringement by South African legislation and international treaties and conventions.

Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website are expressly reserved. By accessing data on this website, the user is not licensed or authorised to do so.

Disclaimer

The information on this website is intended to provide general information on a specific subject or subjects and is not an exhaustive treatment of such subject(s).

It is the sole responsibility of the user to satisfy itself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies or any legal entity in respect of which information, ideas and opinions are expressed on this website.

Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies make no representations or warranties, implied or otherwise, that, among others, the content and technology available from this site are free from errors or omissions, that the service will be 100% uninterrupted and error-free or will meet any criteria of performance or quality.

This site is provided ‘as is’. ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

It makes no express or implied representations or warranties regarding the content of the website and that the website has been compiled or supplied to meet the user’s individual requirements.

Users are encouraged to report any possible errors, malfunctions or offensive material by using the Contact Us Page.

The use of the content of this website is at the user’s own risk.

The user assumes full responsibility and risk of loss resulting from the use of the content of this site.

ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies or any of the legal entities in respect of which information are contained on this site, or employees of ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies or such entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of the document(s) or information contained on the website including this terms and conditions.

If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.

Certain links in the web server lead to resources maintained by third parties over whom ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies has no control. ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.

Any communications or data message that a user sends to ENiche will be regarded having been received by ENiche when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period, the user should follow it up with ENiche. ENiche shall not be liable for any failure to respond.

If a user requires any information from ENiche regarding its services or the content of this website, the ‘Contact Us‘ link could be used.

Security

PROTECTION

ENiche and Contango Technologies have in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a user’s information.

Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data.

The policy applies to all employees of ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies.

It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies or any public body should suffer any damage or loss, civil damages will be claimed.

LINKAGE AND FRAMING

We welcome third-party websites to link to the information that is hosted on these pages.

It is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without prior written approval of ENiche.

LINKS TO THIRD-PARTY WEBSITES

ENiche may provide links to other websites only as a convenience. The inclusion of any link does not imply ENiche’s, the AFM of SA: Doxa Deo Family Network’s and/or Contango Technologies’ endorsement of such sites.

Linked websites or pages are not subject to the control of ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies. ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies are not responsible or liable, directly or indirectly, in any way for the content, use, or inability to use or access any linked websites or any links contained in a linked website.

Privacy

INTRODUCTION

The privacy statement applies to ENiche and any legal entity, which control, verify or make use of information that may be collected via this site.

A user may visit this site without providing any personal information. A user, however, agrees to the use of such data in accordance with this privacy statement. Please note that this site may contain links to other sites which are not being governed by this privacy statement.

ENiche may use cookies (small text files stored in a user’s browser) or web beacons (electronic images that allow this website to count users who have accessed a particular page and to access certain cookies) to ensure that the website is well managed and to facilitate improvement of the site. ENiche or its service-provider(s) may use cookies to collect aggregate data. ENiche may use such devices from time to time to track information on its systems and identify categories of users by items such as IP addresses, domains, browser types and pages visited. The web administrator uses the information to analyse the number of users of different areas of the site and to ensure that this site is serving as a useful and effective information source.

Neither cookies nor web beacons collect personal information such as the user’s name or e-mail address. A user may reject cookies as most browsers permit individuals to decline cookies. Under certain circumstances, users may be denied access to some parts of this website if their browsers are set to decline cookies.

PERSONAL INFORMATION USE

Personal information is used only for limited purposes e.g. when a user registers with the website to reserve and/or pay for a memorial niche. ENiche will use this information to create a personal profile to customise its response to further requests or enquiries and to improve the website. When a user chooses to register online for a ENiche service, ENiche will use the information the user submit to respond to the user.

In addition, the web administrator may, when necessary, use a user’s information for various site-related tasks. ENiche will ensure that any marketing activities comply with applicable law and that it is implemented with procedures to obtain the necessary consent before sending the user’s e-mail containing information about ENiche’s services.

The user may at any time request that ENiche discontinues sending such material to the user by using the ‘Contact Us‘ or ‘unsubscribe’ link.

DISCLOSURE TO THIRD PARTIES

Although ENiche may provide users’ information to service-providers that handle information on its behalf, it will usually not share the information with third parties or other public entities for secondary or unrelated purposes unless otherwise disclosed at the point of collection.

Personal information may be transmitted internationally through ENiche or to third parties for the purposes identified above. This will not include transfer to countries without data protection rules similar to those in effect in the user’s country of residence.

By providing information to ENiche through this website, the user is consenting to such transfers.

Where appropriate, personal information may be disclosed to law enforcement, regulatory or other government agencies, or third parties where necessary or desirable to comply with legal or regulatory obligations or requests or for the purposes identified above.

ACCESS TO PERSONAL INFORMATION

If personal information has been submitted to this website, users who wish to review their personal information may do so through the ‘Dashboard‘ link. Users will then be able to access their user profile, correct and update their details.

Users who have any problem accessing their profiles or would like to request a copy of their personal information should contact the web administrator using the Contact Us page.

In all cases ENiche and Contango Technologies will treat requests to access information or change information in accordance with applicable legal requirements.

No Agreement

Nothing contained herein creates or is intended to create a contract or agreement between ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies and any user visiting the website.

Children's privacy protection

ENiche recognises the importance of protecting children’s privacy in the interactive online world.

Severability

These terms and conditions of use constitute the entire professional or other relationship between ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies and the user of this website.

Any failure by ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision.

If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions.

The remaining terms and conditions shall not be affected by such unenforceable or invalidity and shall remain enforceable and applicable.

Updating of these terms and conditions

ENiche, the AFM of SA: Doxa Deo Family Network and/or Contango Technologies reserves the right to change, modifies, add to or remove from portions or the whole of these terms and conditions of use from time to time.

Changes to these terms and conditions of use will take effect upon such changes being posted to this website.

It is the user’s obligation to periodically check these terms and conditions of use at this website for changes or updates.

The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.