1.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, CPA (including its directors, employees, suppliers, Internet service providers, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
1.1.1 access to the CPA website;
1.1.2 access to websites linked to the CPA website;
1.1.3 inability to access the CPA website;
1.1.4 inability to access websites linked to the CPA website;
1.1.5 content available on the CPA website;
1.1.6 services available from the CPA website;
1.1.7 downloads and use of content from the CPA website;
1.1.8 any other reason not directly related to CPA’s gross negligence.
1.2 This website is supplied on an “as is” basis and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with CPA that the service available from and through this website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.
1.3 Information, ideas and opinions expressed on this site should not be regarded as advice of CPA.
1.4 Neither CPA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any service or contract distributed on this website.
2.1 These Terms and Conditions of Use constitute the entire agreement between CPA and you, the User of this website. Any failure by CPA 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.
2.2 In the event that 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 unenforceability or invalidity and shall remain enforceable and applicable.
3. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and CPA agree that:
3.1 The User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the CPA website for the first time;
3.2 data messages (as defined in ECT Act) addressed by the User to CPA shall only be deemed to have been received if and when responded to;
3.3 data messages (as defined in ECT Act) addressed to the User shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
3.4 data messages (as defined in ECT Act) addressed to the User shall only be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
3.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and CPA; and
3.6 the User agrees and warrants that data messages that are sent to CPA from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally;
4. APPLICABLE AND GOVENERING LAW
This website is controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.