Definitions

"MI.ND Lab^TM" is a division of Momentum Metropolitan Life Ltd ("MML"), part of Momentum Metropolitan Holdings Limited ("MMH").

“MMH/MI.ND Lab^TM “/is “we”, “us”, “our”.

"Any person" accessing this website is referred to as "you" or "your".

"Personal Information" as defined in terms of the Protection of Personal Information (POPI) Act" means information relating to identifiable, living natural person, and where applicable, an identifiable, existing juristic person, including but not limited to:

• Race, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, wellbeing, disability, religion, conscience, belief, cultural affiliation, language, and birth.
  
• Education, medical, financial, criminal or employment history.
  
• Any identifying number, account or client number, password, pin code, symbol, email address, domain name or IP (internet protocol) address, mobile device identifier, physical address, cell phone number, telephone number or another particular assignment.
  
• Blood type, fingerprint, or any other biometric information.
  
• Personal opinions, views, or preferences.
  
• Correspondence that is implicitly or expressly of a personal, private, or confidential nature (or further correspondence that would reveal the contents of the original correspondence).
  
• The name of the person, if it appears with other personal information relating to such person, or if the disclosure of the name itself would reveal information about the person, provided that such personal information is not in the public domain or held by a public body and is publicly accessible.

"Offering" means conducting market research and analytics on behalf of other entities and/or the leasing of the MI.ND Lab^TM facility for such research and analytics purposes.

Conditions and right of use

• The use of this website is subject to these terms, and by accessing this site, you agree to be bound by them (as amended from time to time).
  
• We grant you a non-exclusive, non-transferable right to use this website under the terms and conditions (Ts & Cs) set out below.
  
• By using the website, you acknowledge that you have read, understood, and expressly agree to the terms and conditions of this user agreement. If you do not agree to these terms and conditions, please do not continue using the website. You confirm that you are authorised to access this website on behalf of the entity you represent and have the authorisation to bind the entity you represent to these terms and conditions.
  
• If we do not always exercise our rights, it does not mean that we relinquish any of our rights.
  
• The MI.ND Lab^TM website may use cookie and tracking technology, where the information you send while on the website is saved on your hard drive. This allows the MI.ND Lab^TM website to recognise you on your next visit. This technology helps gather information, such as the type of browser and operating system you use. The information will enable us to track the number of visitors to our website and understand how visitors use it.

Intellectual property rights

• ·The content is hosted by the MI.ND Lab^TM, a division of Momentum iX who is part of the MMH Group, on this website - including all registered and unregistered trademarks that are protected by copyright and owned by MMH Group Limited ("MMH") or third parties.
  
• You may not copy, reproduce, display, or use any intellectual property in any manner whatsoever without the prior written consent of MMH or the copyright owner. Nothing contained on this website should be construed as granting any license or right to use any intellectual property.
  
• The website and all rights, including, without limitation, intellectual property rights therein, are owned by MMH and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable laws of the Republic of South Africa.
  
• You agree that you have no intellectual property rights whatsoever on the website.

You will notify MI.ND Lab^TM of any claim which may be made alleging that this website infringes the intellectual property rights of a third party as soon as you become aware of any such actual or potential claim.

Disclaimer

This website gives you access to information about the MI.ND Lab^TM and its offering. If you use this website, it means that you understand and accept the following information:

• We have made every effort to ensure that information on this website is up to date and accurate. However, we do not guarantee the accuracy or validity of the information. The content of the website is provided without any express or implied guarantee. We do not guarantee that it is appropriate or suitable for any specific purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
  
  
• We have made every effort to protect our website against viruses and other harmful codes. However, we cannot guarantee that our website is free of viruses and code, which can corrupt or affect your system. You remain responsible for ensuring that you take reasonable steps necessary to prevent viruses from your system. The information contained in this website does not constitute financial, tax, legal, brand or marketing advice or any form of advice and/or professional advice. We are not legally responsible, in any way, for damages you may experience from using our website. This includes, but is not limited to, any direct, indirect, special, or consequential loss suffered by you or any third party that may arise, directly or indirectly, to the use of, or reliance upon, any content displayed on the website.
  
  
• We are committed to consistently providing excellent service. However, we are not responsible for interrupted, delayed, or failed transmission, storage or delivery of information due to a power failure, natural disaster, fire, labour unrest or any other cause beyond our control.
  
  
• We have, in good faith, provided links that appear helpful to all users of our website. However, this does not mean that we support these websites or endorse the products and/or services offered on them. We accept no responsibility for the content or use of such websites or their information.
  
  
• Unless stated differently, all content on this website remains the intellectual property right of MMH. This means that you are not allowed to use the content contained in web pages, electronic or written publications or any other media and/or words, phrases, names, designs or logos that are MMH trademarks without the expressed written permission of MMH.
  
  
• All information available on this website, including products and services and their terms and conditions, is subject to change without notice.

MI.ND Lab^TM and MMH Privacy policy

• This privacy notice applies to South African entities within MMH companies, subsidiaries, operating divisions, business units, licensed entities, management-controlled entities and activities. We respect your privacy and your personal information, and as such, we take care to protect your personal information and keep it confidential. 
  
  
• The privacy notice and policy can also be accessed at momentum.co.za. The privacy statement must be read in conjunction with the terms and conditions for using this website. This privacy policy may be updated from time to time, and any changes we may make will be posted on this site.

Your personal information

You have a say in how MI.ND Lab^TM treats your personal information. We abide by confidentiality principles and the Protection of Personal Information (POPI) Act.

We need your consent to collect, process and store your information for the  following purposes:

• Authentication and verification purposes.
  
• Conducting market research and analytics on your behalf and/or behalf of the entity you represent.
  
• Leasing this facility for market research and analytics purposes.

Your rights and responsibilities:

• You give us your consent to collect, record, store, or process your personal information.
  
• You can access your information at any time and ask us to update or correct it.

Your personal information:

• You may object to us using your personal information except when we need it to fulfil legal requirements.
  
• If you think your personal information is being tampered with or has not been protected, please refer your complaints to our internal data privacy team at [email protected]. Should you not be satisfied with the outcome, you may refer your case to government's Information Regulator at [email protected] or contact them on 012 406 4818.

Our responsibilities

• Having your personal information enables us to provide this offering to you and ensure compliance with data security laws.
  
• We will determine how or why your personal information is processed at all times.

Our partners' rights and responsibilities:

For the purposes of this transaction, we may need to share your information with other parties in the MMH Group or contracted service providers (both locally and abroad). We will make sure that the contracted service providers agree to our privacy and security policies if they need access to your personal information for the following purposes:

• To conduct market research and analytics.
  
• To enable you to access and use our website and facility.
  
• To carry out statistical analysis.

Security and confidentiality of information

• MI.ND Lab^TM will take all reasonable steps to ensure the security and confidentiality of the information submitted. MI.ND Lab^TM also ensures the integrity and security of its electronic data systems and warrants that it will comply with all relevant legislation relating to electronic communications. We will not collect or process your personal information without your consent unless we must do so by law. In addition, we will not reveal your personal information for any purpose other than the one we inform you of. We will also not give your personal information to a third party without your consent unless legally required to do so.
  
• We will make every effort to ensure that your personal information is kept confidential and secure by storing it on our secure database.
  
• However, we take reasonable and necessary precautions to secure your transactions on our website. We cannot guarantee the confidentiality of your activities.
  
• Using this website is entirely at your own risk. MI.ND Lab^TM will take all reasonable steps to ensure the security and confidentiality of the information. However, MI.ND Lab^TM will accept no liability for loss or damages of any nature resulting from your or your representatives' negligent usage of this website.
  
• MI.ND Lab^TM will not be held legally responsible for any personal information you reveal to a third party, which is linked on the www.mindlab.co.za website. You must refer to that third party's privacy policy before revealing any of your personal information.
  
  

The MI.ND Lab^TM website may use cookie and tracking technology, where the information you send while on the website is saved on your hard drive. This allows the MI.ND Lab^TM website to recognise you on your next visit. This technology helps gather information, such as the type of browser and operating system you use. The information will enable us to track the number of visitors to our website and understand how visitors use it. Personal information cannot be collected via cookie technology.

Links to other websites

From time to time, our site may contain links to and from external websites. If you follow a link to any of these websites, please note that they have their own privacy policies. We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. By making these links available, we are not endorsing third-party websites, their content, products, services, or the owners of these third-party websites.

It is your responsibility to ensure that you obtain any information relevant to making a decision and that you read the privacy and security policy on such third-party websites. We have no control over third-party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, due to your use of third-party websites. You agree that you do so entirely at your own risk where you access third-party websites.

Changes and amendments to the website rules

At our sole discretion and at any time, we may amend these rules. If there have been any amendments, you will be notified of these changes next time you access the website and will be required to accept the revised terms and conditions.

Governing law

This user agreement will be governed, construed, and take effect in all respects according to the Republic of South Africa laws. By accessing and using the website, you agree that the Republic of South Africa laws will govern this user agreement, and you consent to the authority of the South African courts in respect of any dispute that may arise from this user agreement.

You agree that you shall only use the website in a manner that complies with all applicable laws in the authority in which you use the website, including, without limitation, applicable restrictions concerning copyright and other intellectual property rights.