TERMS OF WEBSITE USE
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bound to the current version of these terms and, unless stated in the current version, all previous versions will be superseded by the current version.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
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.
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.
RIGHTS GRANTED TO YOU
We may terminate this licence at any time for any reason.
Any rights not expressly granted herein are reserved by us.
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.
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.
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.
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.
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.
BREACH, SUSPENSION AND TERMINATION
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.
APPLICABLE LAW AND JURISDICTION
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.
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.
NOTICES AND ADDRESS
Website functionality or any other recommendations: Send us an email at firstname.lastname@example.org.
Questions or queries about Services and related services: Send us an email at email@example.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).
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