Terms and Conditions

TERMS OF WEBSITE USE 

These terms of use (“Terms of Use”), together with the documents referred to herein, makes provision for the terms and conditions applicable when making use of our websites (including but not limited to http://www.logimeter.co.za) or the login page of any of our Services, we make available to you (“our sites”). 

Please read these Terms of Use carefully before making use of our sites. We recommend that you print a copy of these Terms of Use for future reference. 

These Terms of Use set forth the binding legal agreement between every person that accesses or uses our sites. 

The Data Processing Addendum and its annexures (“the DPA”) or any other written agreement  forms part of these Terms of use. 

These Terms of Use also refer to our Privacy Policy, which sets out the terms on which we process any Personal Information we collect from you, or that you provide to us, which also apply to your use of our sites. By using our sites or Services, you consent to such processing and you warrant that all Personal Information provided by you is accurate. 

If you register as a client to our Services (where applicable) or third party service provider: our Terms of use will apply. 

If you do not agree to these Terms of Use, we advise that your refrain from making use of our sites

CHANGES TO THESE TERMS

We reserve the right to amend these terms. The user acknowledges that by visiting our sites from time to time, the user will become bound to the current version of these terms and, unless stated in the current version, all previous versions will be superseded by the current version. You are responsible for reviewing the then current version on each visit to our sites.

ACCESSING OUR WEBSITE/S 

Access to our sites is made available free of charge, however, to access and use any of the Logimeter Services you will need a profile and Service Account and agree to our Terms of use and the associated Services Fee (see our Terms of use). 

Only registered users may use our Services on the Logimeter Platform. 

We do not guarantee that our sites, or any content on it, will always be available or be uninterrupted. Access to our sites is permitted on a temporary basis. 

We may suspend, withdraw, discontinue or change all or any part of our sites without notice to you; see our Terms of use in terms of changes to the Services. We will not be liable to you if, for any reason, our sites are unavailable at any time or for any period. 

You are responsible for making all arrangements necessary for you to have access to our sites, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our sites, or any portion thereof, will function on any particular hardware or devices. In addition, use of our sites may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

You are also responsible for ensuring that all persons who access our sites through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.  

RIGHTS GRANTED TO YOU 

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable and revocable, license to access and use our sites and Content at any time, solely for your personal, non-commercial use. 

We may terminate this licence at any time for any reason. 

Any rights not expressly granted herein are reserved by us. 

PROHIBITED USES 

You may not use our sites or Content: 
in any way that breaches any applicable local, national or international law or regulation; 
remove any copyright, trademark or other proprietary notices from any portion of our sites or from the Services available; 
reproduce, copy (direct or in-direct), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our sites or the Services (or any part thereof); 
decompile, reverse engineer or disassemble our sites or the Services except as may be permitted by applicable law; 
cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our sites or unduly burdening or hindering the operation and/or functionality of any aspect of our sites; 
 frame our sites or any part thereof; 
access or use our sites or the Content through automated means, including through the use of robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of our sites or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); or 
attempt to gain unauthorized access to or impair any aspect of our sites or its related systems or networks.
Email addresses, names, telephone numbers, physical addresses and/or fax numbers published on our sites may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes or used for any illegal activities. The presentation of such details is no “opt-in” / permission from us to utilise the same. 

INTELLECTUAL PROPERTY RIGHTS 

We are the owner and/ or rightful licensee of all intellectual property rights (including but not limited to any material, information, software, icons, text, graphics, images, sound clips, advertisements, video clips, concepts, know-how, data processing techniques, copyrights, patents, designs (including the sites look and feel and lay out and photos), inventions, trademarks, trade name, logos, service marks, tables and compilations of data which are created, invented and/ or developed, registered or unregistered, in our sites and Content and any subsequent Services. 
Any use, distribution or reproduction of our Content is prohibited unless expressly authorised in terms of these Terms of Use or otherwise provided for in law. 
The content, information and services made available on our sites are protected by South African and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. 
You must not modify the copies of any materials you have printed off or downloaded from our sites in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of Content on our sites must always be acknowledged. 
Neither these Terms of Use nor your use of our sites or Services convey or grant to you any rights: 
in or related to our sites except for the limited license granted under paragraph 4 above; or. 
to use or reference in any manner our business names, service names, product names, logos, trademarks, designs or services marks or those of our licensors (registered or unregistered).

LIMITATION OF OUR LIABILITY 

We provide our website to you on an “as-is” and on an “as-available” basis to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. In addition, we make no representation, guarantee or warranty regarding the timelines, quality, reliability, suitability, or availability of our website or any of our services through the use of our website, or that the use of our website will be uninterrupted or error free. You agree that it is within your sole discretion to use our website and that the entire risk arising out of your use of our website remains solely with you, to the maximum extent permitted under any applicable law and that you will indemnify us against any claim, demand, damage, costs, loss or liability (incl. reasonable attorney’s fees) related to your use of our site.
We, our owners (where applicable), directors (where applicable), employees and agents shall not be liable for direct, indirect, incidental, special, or consequential damages of any kind whatsoever or however caused arising from the access or use of our website. 
You agree to indemnify and hold us and our directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney own client fees), arising out of or in connection with: (i) your breach or violation of any of these terms of use; or (ii) your violation of our rights 
We will not be liable to you for any default or delay in the performance of our services to you if and to the extent that such default or delay is caused by any act of god, war or civil disturbance, labour unrest, court order, or any other circumstance beyond its reasonable control including fluctuations in communications or utility services (“force majeure”) and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by the us through the use of alternative sources, workaround plans or other means. 
Different limitations and exclusions of liability may apply to liability  arising as a result of the supply of services by us to you, which will be set out in our terms of services.  

SECURITY 

Although we are not obliged to provide security on our sites, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our sites are completely secure at all times.
To provide adequate security to all our Users, and to monitor activities prohibited under section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the sites or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC Act 
It is our policy to virus check documents and files before they are uploaded to our sites. However, we cannot guarantee that documents or files downloaded from our sites will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using these sites. Further, you agree not to upload or provide, via our sites, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our sites. 
Our commitments to Security in terms of our Services are addressed under our Terms of Use.

BREACH, SUSPENSION AND TERMINATION 

Kindly take note that it is within our discretion to determine whether there has been a breach of these Terms of Use through your use of our sites. When a breach occurs, we may take such action as we deem appropriate. 
We specifically exclude any liability for our actions taken in response to a breach of these Terms of Use.
All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced. 
No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future. 
Any provision under these Terms of Use, which contemplates performance or observance subsequent to any termination, or expiration of these Terms of Use shall survive any termination or expiration of these Terms of Use and continue in full force and effect. 
Breach, suspension and termination in terms of our Services are addressed under our Terms of use. 

APPLICABLE LAW AND JURISDICTION 

Please note that these Terms of Use, its subject matter and its formation, are governed by the laws of the Republic of South Africa. The parties further agree to the exclusive jurisdiction of the Western Cape High Court (Cape Town), which shall have exclusive jurisdiction over any dispute that may arise from these Terms and Conditions

ELECTRONIC COMMUNICATION AND CONTACT 

Any Data Messages sent by us to you shall be deemed to have been sent from the Premises.
A Data Message is deemed to be sent:  By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and  By you, at the time when we confirm receipt thereof (excluding an automated response).
A Data Message is deemed to be received:  By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and  By you, once it enters your information system. 
As provided for in terms of section 11(3) of the ECT Act, all information incorporated by the use of hyperlinks and / or other methods of reference shall form part of these Terms of Use. 
Attribution of Data Messages – You agree and warrant that any Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you. 
Expression of Intent – use of our sites: For purposes of electronic communications between you and us, no electronic signature is required. The mere browsing of our sites demonstrates your intent to be a party to these Terms of Use.

NOTICES AND ADDRESS

Website functionality or any other recommendations: Send us an email at support@logimeter.com. 
Questions or queries about Services and related services: Send us an email at support@logimeter.com
Complaints: We kindly request that you contact us first should you have any complaints or any other service related issues. It is important to us that you are satisfied with your purchases (if any). 

DEFINITIONS 

Content means any information, content, images, video, audio, data, works of authorship, materials, software and technology which may be displayed on, incorporated into, underlying, or used to operate our sites; 
Data Message shall have the same meaning attributed to it in terms of the ECT Act;
ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002; 
Personal Information shall have the same meaning attributed to it in terms of the POPI Act; 
POPI Act means the Protection of Personal Information Act, Act 4 of 2013; 
Services means the use of our sites and other Logimeter Services as made available from time to time.
RIC Act means the Regulation of Interception of Communication and Provision of Communication- Related Information Act, Act 70 of 2002; and
Users mean users of our site