Terms of Service

1. INTRODUCTION

Welcome to the Cyber Intelligent Systems’ 1000 Pentersters for Africa website ("Website"). Please read these terms of use and Privacy Policy (“Terms”) carefully before using our Website, services, or products. This is a binding agreement between you and Cyberintelligent Systems (Pty) Ltd.

2. ABOUT US

Cyberintelligent Systems (Pty) Ltd (together with our parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “CIS,” “we,”, “our” or “us”), is a South African company specialising in cyber security products and services as well as support and maintenance services in relation thereto (collectively the “Services”).

3. ELECTRONIC COMMUNICATIONS

When you visit the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, which will allow us to communicate with you via e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing. 

4. PRIVACY POLICY

Please see our Privacy Policy.

5. COOKIES

A cookie is a small file of letters and numbers that we place on your computer or mobile device. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our website.

The website may use cookie and tracking technology (collectively “Cookies”) depending on the features offered. Cookies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via Cookies; however, if you previously provided personally identifiable information, Cookies may be tied to such information. Aggregate Cookies and tracking information may be shared with third parties.

We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website.

6. ORDERS, DELIVERY AND PAYMENTS

Student enrolments can be done through the website page under the “Contact Us” link.  Payments must be made through electronic funds transfer (EFT).

An invoice will be issue based on your order. We strictly work on payment before delivery, unless we indicate otherwise on the invoice. If your organization uses a Purchase Order (P.O.) to make payments, you must provide the P.O. to us before work is performed and any delivery is made.

All payments will be in the currency as indicated on each invoice and inclusive of VAT and must be made into our bank account indicated on your invoice on or before the date stipulated.

Once we have received your payment we will enrol you in the 1000 Pentesters for Africa Program (the Program).

Renewal or extension of the Program must be paid in advance or as arranged. It is important that renewal of or extension of the Program is done timeously and paid in advance as delayed or non-payment may result in a delay and/ or additional charges.

7. THE PROGRAM

The Program is provided by CIS and our various partners and in order to complete the Program you will be required to pay the enrolment fee as well as potentially enter into other Agreements and Terms of Service, which will govern you’re the relationship between you, us and our partners.

8. EULA & TERMS OF SERVICE FOR E-LEARING PLATFORMS

By enrolling in the Program you agree to comply with the relevant Platform User Agreements and/ or Terms of Service as the case may be as well as the terms contained in our Terms of Service. We will provide and guide you through all the relevant Platform User Agreements and/ or Terms of Service as the case may be, however, it is your responsibility to familiarise and obtain the relevant EULA and/ or Terms of Service.

9. PROGRAM AND SUPPORT

We provide customised program on a once-off enrolment basis. The Program includes, but is not limited to -

• Professional guidance and tutoring
• Value added training by Industry Leading Experts
• Hands-on-labs experience with competition flags
• EC Council Accredited Ethical Hacker Qualification
• Student Training Support

10. SUPPORT AND SERVICE TERMS

All support and service specifics will be agreed on in a Service Level Agreement which we will conclude with you once you have been accepted into the program.

11. USE OF THE PARTNER PLATFORM, WEBSITE AND SERVICES

• You agree not to access or attempt to access any part of the Website and or Partner Platforms by any means other than through the interface provided by us.
• You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your access to and/or use of the Website and/or Partner Platform, and/or use of your customer profile, or any part of these, and/or your posting of content and material (including text, files, images and photographs). 
• You will not engage in any activity that interferes with or disrupts, the Partner Platform, Services and/or Website or the servers and networks that host these. You may not use data mining, bots, screen scraping or similar data gathering and extraction tools on the Website and/or Partner Platform.
• The Website, Services and Partner Platform and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Please note further that deep-linking, embedding or using analogous technology is strictly prohibited.
• Unauthorized use of the Partner Platform, Website and Services and/or the materials therein may violate applicable copyright, trademark or other intellectual property laws or other laws. 
• Furthermore, you may not attempt to circumvent, disable or interfere with the security-related features of the Website, Partner Platform and/or Services or features that prevent or restrict the use of or copying any content or enforce limitations on the use or content therein.

You may not yourself, or through a third party –

• use the Partner Platform or Website for harmful, unlawful or illegal purposes, including, without limitation to:

• impersonate any other person or use a false or unauthorised name to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
• collect, harvest or otherwise obtain Personal Information, (including personal information as defined in POPIA and International Privacy Legislation), relating to other persons; 
• create, store and/or send unsolicited commercial communications; or conduct any fraudulent activity including any “pyramid scheme”, “ponzi scheme” or “chain letter”.

• use any customer profile in a manner to advertise or promote your or any third party’s products or services; and/or impersonate another person;
• copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the Website, Hardware and/or Partner Platform for any reason and in any manner unless it is consistent with the intent and purpose of these Terms;
• decompile, disassemble or reverse engineer any portion of the Website and/or Partner Platform;
• collect service listings, descriptions or other information displayed on the Website and/or Partner Platform;
• write and/or develop any derivative of the Website and/or Partner Platform or any other Partner Platform program based on the Website and/or Partner Platform;
• adapt, modify or enhance the Partner Platform and/or Website. In the event of a user effecting any adaptation(s), modification(s) or enhancement(s) to the Partner Platform and/or Website in breach of this clause, such adaptation(s), modification(s) and enhancement(s) hereby vest exclusively in the respective partner or owner and you hereby assign all rights in and to and waive any and all moral rights in and to, such adaptation(s), modification(s) and enhancement(s), the respective partner or owner ;
• without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Partner Platform and/or Website by persons other than you;
• remove any identification, trademark, copyright or other notices from the Partner Platform and/or Website and/or any personalised item, it being specifically recorded, acknowledged and agreed that trademarks proprietary to or licensed to us will automatically be incorporated in all customer profiles;
• establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”), to the Partner Platform and/or Website or any subsidiary pages;
• use the Partner Platform and/or Website and/or any personalised item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programmes or other harmful programmes; and/or penetrate or attempt to penetrate the Website and/or Partner Platform’s security measures.

12. OUR RIGHTS

We reserve the right to:

• modify or withdraw, temporarily or permanently, the Website, Partner Platform and/or the Services with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website, Partner Platform or the Services (or both). We will use our reasonable endeavours to maintain the Website, Partner Platform and the Services. You will not be eligible for any compensation because you cannot use any part of the Website, Partner Platform and the Services or because of a failure, suspension or withdrawal of all or part of the Website, Partner Platform and the Services; and/or
• change these Terms from time to time, and your continued use of the Website, Partner Platform and the Services following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website, Partner Platform and the Services.

13. THIRD-PARTY LINKS

In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and further accept that we do not endorse and are not responsible or liable in any way whatsoever, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including but without limitation to, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third-party product or service by name does not constitute or imply its endorsement by us and you assume all risk concerning its use. 

14. MONITORING AND SECURITY

We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, and/or the removal of any materials from the Website. 

Whilst we have taken reasonable measures to ensure the integrity of this Website and/or Partner Platform and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website and/or Partner Platform are free of viruses, Trojans, time bombs, time-locks, phishing programmes or other harmful programs. 

We do not undertake to actively monitor the uploading, reproduction, display, use, distribution or sharing by a user of his/her profile, for example on websites dedicated to discussion forums and/or blogs, nor do we have control over material posted on such discussion forums and/or blogs.

You acknowledge that because information is transmitted via the Internet, such information, irrespective of whether it constitutes personal information, may be susceptible to monitoring and interception. Accordingly, you are discouraged from transmitting to the Website and/or Partner Platform any information that may be viewed as confidential and/or of a sensitive nature and you bear all the risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result thereof. 

We hereby reserve the right to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications. You may not utilise the Website and/or Partner Platform in any manner which may compromise the security of the Website and/or Partner Platform in any manner whatsoever, which shall include without limitation, delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website and/or Partner Platform, which is expressly prohibited. 

The Website, Services and Partner Platform are controlled, operated and administered by us from our offices within the Republic of South Africa. We make no representations that the content of the Website and/or Partner Platform is appropriate or available for use outside of South Africa. Access to the Website and/or Partner Platform from territories or countries where the content of the Website and/or Partner Platform is illegal is prohibited. You may not use this Website and/or Partner Platform in violation of South African export laws and regulations. If you access this Website and/or Partner Platform from locations outside of South Africa, you are responsible for compliance with all local laws. 

15. INTELLECTUAL PROPERTY

All content included on the Website and/or Partner Platform, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and Partner Platform, is our property or the property of our Partners and is protected in terms of intellectual property laws in South Africa and the relevant foreign jurisdictions (including trademark and copyright law) as well as international copyright laws.

The compilation of all content on the Website is our exclusive property and is protected by copyright law. 

All Partner Platform used through the Website and/or Partner Platform is our property or that of our Partner Platform Partners and is protected by copyright law. 

The trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Website and/or Partner Platform registered and unregistered Trademarks belong to us. Nothing contained on the Website and/or Partner Platform, except as expressly stated in the Terms, shall be construed by you as the granting of any license or right to use any Trademark without our prior written permission. All rights in and to the content and Trademarks are reserved and retained by us and/or our content Partners. 

You further acknowledge that we and/or our content Partners are the proprietors of all the content and trademarks on the Website and/or Partner Platform, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material. 

16. EXCLUSION OF WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON THE WEBSITE AS WELL AS IN RELATION TO THE PARTNER PLATFORM AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, THE PARTNER PLATFORM AND THE SERVICES IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR PARTNER PLATFORM, THEIR SERVERS, OR E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, THE PARTNER PLATFORM AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERINTELLIGENT SYSTEMS (PTY) LTD AND ITS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO PARTNER PLATFORM; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, DELICT, OR ANY OTHER MATTER WHATSOEVER, WHETHER OR NOT YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CYBERIINTELLIGENT SYSTEMS (PTY) LTD AND ITS AFFILIATES, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S) DURING THE PREVIOUS 12 (TWELVE) MONTHS.

IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, SERVICE PROVIDERS OR SUBSIDIARIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, THE PARTNER PLATFORM OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE). 

18. INDEMNITY

IN ADDITION TO ANY OTHER INDEMNITIES PROVIDED IN THESE TERMS, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY CYBERIINTELLIGENT SYSTEMS (PTY) LTD, OUR AFFILIATED COMPANIES, OFFICERS, AGENTS, DIRECTORS AND EMPLOYEES AND AGREE TO HOLD US FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE SUFFERED OR INCURRED BY US OR INSTITUTED AGAINST US FOR INFRINGEMENT OF ANY RIGHT, WHETHER THE CLAIM OR ACTION ARISES FROM DELICT OR CONTRACT, OR ANY INFRINGEMENT OF WHATSOEVER NATURE, ARISING OUT OF OR PURSUANT TO THE EXERCISE BY YOU OF YOUR RIGHTS OR THE FULFILMENT OR BREACH BY YOU OF ANY OF YOUR OBLIGATIONS UNDER THESE TERMS OR ANY OTHER REQUIREMENTS THAT WE MAY IMPOSE FROM TIME TO TIME, INCLUDING, WITHOUT LIMITATION, ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS SUFFERED OR INCURRED BY US OR INSTITUTED AGAINST US AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE SITE, AND SUCH INDEMNITY SHALL EXTEND TO THE REASONABLE COSTS THAT MAY BE INCURRED BY US IN DEFENDING ANY ACTION INSTITUTED AGAINST US.

YOUR USE OF THE WEBSITE, THE PARTNER PLATFORM AND/OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. WE DO NOT ACCEPT LIABILITY THAT MAY ARISE IN CONNECTION THEREWITH.

19. GENERAL

Notice - Except as explicitly stated otherwise, any notices shall be sent by you by way of email to the email address supplied. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose. You hereby agree that we shall use the email address provided by you are your address to receive all information, notices, documents and legal process.

Notice shall be deemed given 48 (forty-eight) hours after email is sent unless the sender is notified that the email address is invalid.

You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.

Termination - We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account or other content contained in your account. We will not be liable to you or any third party for doing so.

Place and time of Agreement – these Terms shall be deemed to have been entered into in Johannesburg at the time of registration of your user account.

Jurisdiction and Choice of Law –These Terms will be exclusively governed by and construed in accordance with the laws of South Africa and the Arbitration Foundation of South Africa (AFSA) will have exclusive jurisdiction in any dispute. Should a dispute arise the dispute resolution will be an arbitration conducted in Johannesburg and done in accordance with the relevant legislation and rules set out by AFSA. The ruling of the arbitrator will be final. The arbitration clause shall not affect any rights to claim urgent and/ or interim relief, whereby the parties to this agreement consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in any dispute requiring urgent and/ or interim relief from or in connection with these Terms.

Severability - notwithstanding that any provisions of these Terms be illegal or unenforceable, the remaining provisions of this agreement shall continue to be of full force and effect.

Whole Agreement - These Terms continues the entire agreement between you and CIS.

Electronic communications - You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, including entering into this agreement.