CASE MANAGEMENT APPLICATION TERMS OF USE

BY LOGGING INTO CASE MANAGEMENT APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND THAT YOU AGREE TO BE BOUND BY TERMS OF USE.
DELOITTE PROVIDES THIS WEBSITE AS A PLATFORM FOR USERS TO ACCESS, PROCESS AND MANAGE HOTLINE DISCLOSURES AND ASSOCIATED INVESTIGATIONS WHERE APPLICABLE. THIS AGREEMENT ONLY REGULATES YOUR USE OF THE WEBSITE AND DOES NOT CREATE A COMMERCIAL RELATIONSHIP BETWEEN YOU AND DELOITTE.
YOUR USE OF THIS SITE AND ANY OF THE SERVICES MADE AVAILABLE THROUGH OR ON THIS SITE IS SOLELY AT YOUR OWN RISK.

Your acceptance of these terms and conditions constitute a user agreement between you and Deloitte. If you are using this Website on behalf of a company or any other Person, you hereby represent that you have the authority and power to bind the company or such other Person to the terms and conditions of this Agreement.
Deloitte reserves the right to amend the terms and conditions of this Website at any time and without prior notice. You are responsible for regularly reviewing these terms and conditions.

OWNERSHIP OF THIS WEBSITE AND ITS CONTENT

This Website is owned and operated by Deloitte. All elements of the site, including the images, text, databases, icons, hyperlinks, software, private information, photographs, graphics, illustrations, artwork, design, names, logos and trademarks (collectively, the “content”), are protected by copyright, trademark, design and other South African and international laws relating to intellectual property.
The limited rights granted to you in terms of this Agreement are set out in these terms and conditions.
Except as otherwise permitted in these terms and conditions, Users may only download, view and print content from this site for commercial purposes for their internal business purposes only. Except as explicitly permitted in these terms and conditions, no portion or element of this Website or the content contained thereon may be reproduced or transmitted via any means.
The Website, its content and all related rights shall remain the exclusive property of Deloitte, as the case may be. All rights not expressly granted to you in terms of these terms and conditions are reserved by Deloitte, including without limitation, all moral rights of Deloitte and its employees, licensors and/or agents and/or service provider/s.

1. DEFINITIONS

In this agreement the terms below shall have meanings assigned to them as follows:
1.1 “Agreement” means this Case Management Application terms of use concluded between you and Deloitte in relation to the use of this Website, which takes effect and comes into force when you click the “I accept these terms and conditions” button;
1.2 “Applicable Law” means all laws, regulatory requirements, by-laws, rules, directives, orders and other requirements of any jurisdiction, government authority or any government agency, body or authority, including any regulator or court applicable to the Parties;
1.3 “Business Days” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
1.4 “Case Management Application” means an online platform used to access, process and manage hotline disclosures and associated investigations where applicable;
1.5 “Client” means the Person using the professional services of Deloitte;
1.6 “CPA” means the Consumer Protection Act, 68 of 2008 and its Regulations, as amended or substituted;
1.7 “Data Subject” means the person to whom Personal Information relates;
1.8 “Deloitte” or “we” or “us” or “our” means Deloitte Tip-offs Anonymous (Pty) Ltd established in accordance with the laws of RSA, with registration number 1998/020207/07;
1.9 “Deloitte Parties” means all entities (including Deloitte) that are members of the Deloitte Touche Tohmatsu Limited (“DTTL”) worldwide network and each of their subsidiaries, predecessors, successors and assignees, and all partners, principals, members, owners, directors, employees, affiliates and agents of all such entities.
1.10 “ECTA” means the Electronic Communications and Transactions Act, 25 of 2002, as amended or substituted;
1.11 “Malicious Code” means any code created to destroy, alter and/or copy any data contained on the Website and/or on any User's network;
1.12 “Parties” means Deloitte and the User;
1.13 “Person” means a natural or juristic person as the case may be;
1.14 “Personal Information” shall have the meaning as set out in POPI;
1.15 “POPI” means the Protection of Personal Information Act, 4 of 2013, as amended or substituted;
1.16 “Processing” shall have the meaning as set out in POPI and includes “process”;
1.17 “Services” means the services provided or made available on or through this Website by Deloitte, as specified in 2;
1.18 “uploading” refers to the placing of content on the Website;
1.19 “User” or “you” or “your” means any Person that uses the site;
1.20 “Website” or “system” or “site” means this website: https://www.case-viewer.com.co.za.

2. SERVICES

Deloitte offers the following Services, which includes but is not limited to using the Website as a platform for Users to access, process and manage hotline disclosures and associated investigations where applicable.

3. LIMITATION OF LIABILITY AND DISCLAIMERS

3.1 DELOITTE PARTIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, OR THE SERVICES/ PRODUCTS OR CONTENT PROVIDED ON OR THROUGH THIS WEBSITE, OR A FORCE MAJEURE EVENT, WHETHER BASED ON CONTRACT, DELICT (TORT), STRICT LIABILITY OR OTHERWISE; AND
3.2 DELOITTE PARTIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES IN ANY WAY CONNECTED TO THE SERVICES.
3.3 IF DELOITTE IS FOUND LIABLE THEN THE PARTIES AGREE THAT DELOITTE’S LIABILITY IN ALL CIRCUMSTANCES IS ALWAYS LIMITED TO THE TOTAL FEES PAID BY THE CLIENT TO DELOITTE FOR A PERIOD OF TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ARISES FOR YOUR USE OF THE CASE MANAGEMENT APPLICATION OR R20 000.00 (TWENTY THOUSAND RAND); WHICHEVER IS THE LESSER AMOUNT.
3.4 Deloitte makes no representation or warranties that the use of the site will be uninterrupted or error free. The use of this site is at your own risk. Users are encouraged to report any possible malfunctions and errors to pi@toanon.co.za.
3.5 This Website is supplied on an “as is” basis and has not been compiled or supplied to meet the User's individual requirements.
3.6 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Deloitte and Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
3.7 All advertisements (if any) contained on this Website will be subject to these terms and conditions. Any errors that may occur in relation to such advertisements shall at all times be dealt with in accordance with the provisions of the CPA.
3.8 The law applicable to advertising will also apply to this Website, in that an advertisement constitutes an invitation to do business and does not constitute a binding offer.
3.9 No Person, business or website may link to any page on this site without the prior written permission of Deloitte.
3.10 The Website may contain hyperlinks to third party sites. Deloitte is not responsible for the content and/or services offered or found on any third party sites to which the Website contains a hyperlink.
3.11 The hyperlink(s) are provided solely for the User's convenience and should not be construed as an express or implied endorsement by Deloitte to the sites or products and/or the services provided therein. Access to such third party sites and use of their products and/or services are done completely at the User's own risk.
3.12 The websites, to which we link, including but not limited to the sites of subsidiaries and third party content providers, may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of linked sites and encourage you to become acquainted with them.
3.13 YOU WAIVE ANY AND ALL CLAIMS AGAINST DELOITTE REGARDING THE INCLUSION OF LINKS TO OUTSIDE WEBSITES OR YOUR USE OF THOSE WEBSITES.

4. INDEMNIFICATION

4.1 THE USER INDEMNIFIES AND HOLDS DELOITTE HARMLESS AGAINST ALL AND ANY KIND OF LOSS, LIABILITY, ACTIONS, PROCEEDINGS, COSTS, DEMANDS AND DAMAGES INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, FROM WHATSOEVER CAUSE WHETHER IT BE BASED ON CONTRACT, NEGLIGENCE OR ANY OTHER ACTION, ARISING OUT OF OR IN CONNECTION WITH:
4.1.1 YOUR USE OF THIS WEBSITE;
4.1.2 THROUGH THE USE OF INFORMATION, IMAGES AND/OR DATA AVAILABLE ON THIS WEBSITE;
4.1.3 ANY BREACH OF THIS AGREEMENT;
WHETHER DUE TO THE NEGLIGENCE OF DELOITTE OR NOT.

5. LICENSES

5.1 Deloitte hereby grants to you a non-exclusive, non-transferable right to use the Website strictly in accordance with these terms and conditions.
5.2 Your Client will be required to register you as a User on the Website by completing the registration details with us.
5.3 Once you have been registered and accepted this Agreement you will be provided with a user name and password.
5.4 You will then be required to change your password and your account will be set up.
5.5 You agree not to allow any other Person to use your account and to keep your password secure and confidential.
5.6 You permit Deloitte to perform an audit in order to establish that your use of the Website is strictly in compliance with these terms and conditions. If it is found that you are using the Website in contravention of these terms and conditions Deloitte may immediately terminate your account and use thereof without any refunds becoming payable to you. This is in addition to any other rights and remedies Deloitte may have in terms of this Agreement and the law.

6. PROHIBITED ACTS

6.1 The User shall not, except to the extent expressly permitted under this Agreement:
6.1.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website (as applicable) in any form or media or by any means;
6.1.2 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software used in connection with this Website;
6.1.3 use the Website to provide services to third parties, unless this has been agreed to and recorded in writing with Deloitte;
6.1.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Website available to any third party except the Users,
6.1.5 attempt to obtain, or assist third parties in obtaining, access to the Website, other than as provided under this Agreement; and
6.1.6 infringing or attempting to infringe any intellectual property rights of Deloitte in the Website.

7. SERVICES

7.1 Deloitte makes no representation and does not give any warranty in relation to the Services made available on or through this Website, either express or implied.
7.2 Using the Case Management Application is at your own risk.
7.3 The availability of Services on or through this Website is not to be construed as an express or implied endorsement by Deloitte to the Services in any way.
7.4 It is the sole responsibility of the User to satisfy itself:
7.4.1 that the Services, available from and through this Website will meet the User's individual requirements;
7.4.2 with the terms, conditions, liability and warranty provisions relating to the Case Management Application;
7.5 Deloitte Parties will not be responsible for any harm, damage, loss or claim relating to the provision of the Services or any changes to the Services.
7.6 The actions of our third party services providers are not within our control and we cannot be held responsible for any changes they may make to the availability of Services through our Website.
7.7 WE RESERVE THE RIGHT TO VARY, SUSPEND OR WITHDRAW ANY SERVICES THAT ARE MADE AVAILABLE ON OR THROUGH OUR SITE FOR ANY REASON WHICH WE DEEM NECESSARY.
7.8 WE RESERVE THE RIGHT TO CANCEL OR WITHOLD ANY ACCESS TO THE CASE MANAGEMENT APPLICATION FOR ANY REASON WHICH WE DEEM NECESSARY AT ANY TIME.

8. ACCEPTABLE USE POLICY

8.1 The Website may be used only for lawful purposes. The User may not violate any Applicable Laws. Should the User reside outside of South Africa, these terms and conditions and the laws of South Africa shall continue to apply to the use of this Website.
8.2 Except to the extent expressly permitted under 2, the User warrants that he/she shall not use the Website to post or upload, receive, transmit and/or disseminate objectionable material which is in violation of any laws, which is obscene, threatening, racist, menacing, offensive, defamatory, violates export laws, constitutes a criminal offense, gives rise to civil liability, is posted in breach of confidence, in breach of any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation. Should such material be found in the User’s account or profile page, Deloitte reserves the right to remove such inappropriate and/or illegal material and thereafter notify the necessary authorities should the material be of illegal nature within the country of the User's residence or within South Africa.
8.3 The User may not use the Website to impersonate any Person or otherwise falsely state or otherwise misrepresent the User's affiliation with such Person.
8.4 The User may not use the Website to transmit any material that contains viruses, worms, trojan horses, or other Malicious Code that manifests in contaminating or destructive properties.
8.5 The User is solely responsible for the content that he/she uploads on the Website or any data he/she transmits to Deloitte.
8.6 The User may not use the Website to collect, or attempt to collect, Personal Information about third parties without their knowledge and consent.
8.7 The User may not use the Website for the transmission of “junkmail”, “spam”, “chain letters”, or unsolicited mass distribution of SMSes.
8.8 Except to the extent expressly permitted under 2, the User warrants that he/she shall not create or promote any type of financial scam such as “Pyramid Schemes”, “Ponzi Schemes” and chain letters when using this Website.
8.9 Except to the extent expressly permitted under 2, the User may not print copies or extracts of information contained on this Website or store same on their personal computer unless it is clearly permitted to do so on the Website through the use of a Download button. The User may not, other than for his/her personal and non-commercial use, “mirror” or cache information provided via this Website on his/her own server, or copy, adapt, modify or re-use the text or graphics from this Website without prior written permission from Deloitte unless otherwise expressly permitted herein.
8.10 The User acknowledges that by uploading any content on the Website, the User grants Deloitte a non-exclusive, fully paid, worldwide licence to use such content on the Website.
8.11 The User acknowledges that he/she may not use the Website or any information contained on it for the transmission of unsolicited commercial communications as defined in ECTA.
8.12 Any User/s found to have contravened this clause will have their account terminated with immediate effect and may be subject to civil and/or criminal liability dependant on the circumstances and the extent of the breach of these terms and conditions.

9. CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Website to Deloitte and Deloitte undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

10. INTERCEPTION OF COMMUNICATIONS

Subject to the provisions of the Regulation of Interception of Communications and Interception of Communication-related Information (RICA) Act 70 of 2002, the User acknowledges that Deloitte has the right to intercept, block, filter, read, delete, disclose and use all communications sent or uploaded by the User to the Website or its employees and agents.

11. PRIVACY

11.1 We are committed to protecting your personal privacy in accordance with all Applicable Laws. We uphold strict security procedures for the Processing of your Personal Information.
11.2 Personal Information is requested in order to:
11.2.1 Process your registration;
11.2.2 enable us to discharge our obligations towards you and to enforce our rights against you;
11.2.3 greet you when you access and log onto the Website;
11.2.4 inform you about facts relating to your access to and use of the Website;
11.2.5 to compile non-personal information about browsing habits, click-patterns and access to the Website;
11.2.6 to verify your identity.
11.3 Deloitte may collect, maintain, save, compile, share, disclose and sell any information collected from you, subject to the following provisions:
11.3.1 Deloitte shall not disclose your Personal Information without your consent;
11.3.2 Deloitte shall only disclose information without your consent through due legal process;
11.3.3 Deloitte may compile, use and share any information that does not relate to any specific individual;
11.3.4 Deloitte owns and retains all rights to non-personal statistical information collected and compiled by it.
11.4 You may elect not to receive any communications from Deloitte or any of its affiliates.
11.5 Contact us if you have reason to believe that Deloitte has failed to adhere to its privacy policy.

12. SECURITY

12.1 Any Person that delivers or attempts to deliver any Malicious Code to this Website or attempts to gain unauthorised access to any page on the Website shall be prosecuted and civil damages shall be claimed in the event that Deloitte suffers any damage or loss.
12.2 You agree and hereby warrant that your login name and password shall:
12.2.1 be used for the allowed purposes only;
12.2.2 not be disclosed to any third party.
12.3 You hereby authorise Deloitte to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

13. FRAMING AND SPIDERS

13.1 No Person or website may frame this site or any of the pages on this site in any way whatsoever.
13.2 No Person or website may use any technology to search and gain any information from this site without the prior written permission of Deloitte.

14. ALTERNATIVE DISPUTE RESOLUTION

14.1 Should any dispute of whatever nature arise from or in connection with this Agreement then the dispute shall, unless the Parties otherwise agree in writing:
14.1.1 in the first instance be referred to mediation by a mediator acceptable to both Parties; and
14.1.2 failing resolution by mediation or agreement in respect of a mediator, shall be resolved by arbitration by arbitrator/s as agreed by the Parties, or failing agreement as selected by the Arbitration Foundation of Southern Africa. Such arbitration proceedings shall be conducted in Johannesburg in English. The arbitrator shall select the rules of arbitration to be applied.
14.1.3 The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za.
14.2 Nothing in this 14 shall preclude any Party from seeking urgent interim relief from a court of competent jurisdiction.

15. GOVERNING LAW

These terms and conditions, as well as any disputes or claims arising under or relating to this Agreement, shall be governed by and construed in accordance with the laws of the Republic of South Africa.

16. ASSIGNMENT

You shall not be entitled to assign, cede, or otherwise transfer the benefit or burden of all or any part of this Agreement without our prior written consent, which consent shall not be unreasonably delayed or withheld.

17. ENTIRE AGREEMENT AND SEVERABILITY

17.1 These terms and conditions constitute the entire agreement between Deloitte and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Deloitte from the User.
17.2 If you have entered into another agreement relating to the Website and Services with us you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict.
17.3 Any failure by Deloitte to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.
17.4 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
17.5 The Parties agree that the rule of construction that the Agreement shall be interpreted against the Party responsible for the drafting of the Agreement, shall not apply.

18. CHANGES AND AMENDMENTS

18.1 No variations or changes of these terms and conditions shall be effective unless agreed to in writing by us.
18.2 We expressly reserve the right, in our sole and absolute discretion, to do any of the following, at any time without prior notice to you:
18.2.1 change / amend these terms and conditions;
18.2.2 change the content and/or Services available from the Website;
18.2.3 discontinue any aspect of the Website; and/or
18.2.4 change the software and/or hardware required to access and use the Website.

.19. TERMINATION

We may terminate your use of the Website at any time for any reason without notice.

20. ECTA

Agreement in terms of ECTA:
20.1 The User agrees that:
20.1.1 the User shall be bound to these terms and conditions which is concluded in South Africa at the time the User clicks the “I AGREE TO THE TERMS AND CONDITIONS” button;
20.1.2 data messages (as defined in ECTA) addressed by the User to Deloitte shall only be deemed to have been received if and when responded to by Deloitte;
20.1.3 data messages (as defined in ECTA) addressed to the User by Deloitte shall be deemed to be received by the User as detailed in section 23(b) of ECTA;
20.1.4 data messages (as defined in ECTA) addressed by the User to Deloitte shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
20.1.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Deloitte; and
20.1.6 the User agrees and warrants that data messages that are sent to Deloitte 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;
20.1.7 they consent to receiving communications from Deloitte electronically and agree that all agreements, notices, disclosures and other communications sent by Deloitte satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
Disclosures required by section 43 of ECTA:
20.2 Access to the Website and its contents, software and services referred to on it are classified as “electronic transactions” in terms of ECTA and therefore Users have the rights detailed in Chapter 7 of ECTA and Deloitte has the duty to disclose the following information:
20.2.1 the full name and legal status of the Website owner:
Deloitte & Touche Investments (Pty) Ltd established in accordance with the laws of RSA, with registration number 1998/020207/07
20.2.2 Registered address
Deloitte Place, 2 Pencarrow Crescent Pencarrow Park, La Lucia Ridge Office Estate, La Lucia, 4051, Durban, Kwa-Zulu Natal
20.2.3 Postal address:
Private Bag 774, Umhlanga Rocks, 4320, Kwa-Zulu Natal
20.2.4 Physical address for receipt of legal service:
Building 3, First Floor, Deloitte Place, The Woodlands Office Park, 20 Woodlands Drive, Woodmead, Sandton, Gauteng
Attention: Legal Counsel
20.2.5 The main purpose of this Website for Users to access, process and manage hotline disclosures and associated investigations where applicable.
20.2.6 The Website address is: https://www.case-viewer.com/;
20.2.7 The full fees payable for any Services will be made available to the Client;
20.2.8 The terms applicable to the Agreement between Deloitte and Users are contained herein.

21. LEGAL COSTS

DELOITTE PARTIES SHALL NOT BE LIABLE FOR COSTS INCURRED BY USERS TO OBTAIN PROFESSIONAL ADVICE RELATING TO THESE TERMS AND CONDITIONS.
IT IS THE RESPONSIBILITY OF THE USER TO PRINT AND KEEP A COPY OF THIS AGREEMENT.