GLOBETOM
WEBSITE TERMS AND CONDITIONS
THE
USE OF THE GLOBETOM WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS.
Accessing
AND USING thE GLOBETOMs Website or any part thereof implies that you (“User”) agree to the terms and conditions
below.
For ease of
reference, the breakdown of the applicable Terms and Conditions (click on any
of the following headings to be transferred to the specific clause):
1. Definition
2. About us
6. Privacy and protection of personal
information
7. Security
9. Agreement and eCommunications
10. Refund / Cancellation Policy
11. Termination
12. Breach
13. General
1.1 “the Globetom website” means this
website and all its pages and content, owned and operated by GlobeTOM and
located at http://www.globetom.co.za/;
1.2 “GlobeTOM” means Globetom Holdings
(Pty) Ltd;
1.3 “Content” means, but not
limited to text, graphics, icons, links and other similar material on the
website;
1.4 “ECT Act” means the Electronic Communications and
Transactions Act 25 of 2002;
1.5 “Intellectual Property” means copyright
(including but not limited to literary-, artistic-, musical- work, photograph,
sound recording, computer programs, artistic works), patents, trademarks (incl.
domain names, meta tags), confidential information, trade secrets;
|
Company Name |
GlobeTOM Holdings (Pty) Limited |
GlobeTOM Trading (Pty) Limited |
|
Registration
number |
||
|
Directors |
Philip
Stander, Marne Meades, Andre Britz |
Philip Stander, Ben Hechter, Marne Meades |
|
Physical
Address |
||
|
Contact
details |
||
|
Business
Subject |
Holding
Company of various subsidiaries (see Company Structure) |
The
trading company providing software engineering products and services |
3.1
GlobeTOM and its subsidiaries (where
subsidiary Content is available on the GlobeTOM website) hereby grants the User
a non-exclusive, non-transferable license, subject to the conditions below, to:
3.1.1
View / browse the GlobeTOM website;
3.1.2
Use content for personal and non-commercial
purposes only;
3.1.3
Copy, download and print the content of the GlobeTOM
website for purposes of executing - or with the intention to execute a
transaction between the User and GlobeTOM or any of its agents
3.1.4
Use the software made available on the GlobeTOM
website only for purposes of obtaining content from the GlobeTOM website;
3.2
License
conditions:
3.2.1
Other than as agreed to above, the User may
not use, copy, adapt, redistribute or modify the content or any part thereof or
frame, "mirror", data-mine or cache the GlobeTOM website or reverse
engineer, copy, modify, download, distribute, decompile or create a derivative
work of the software available or Content, or any part thereof without prior
written permission from GlobeTOM. For any re-use or distribution of the Content,
you must make clear to others the terms and conditions applicable to the Content
available from the GlobeTOM website;
3.2.2
User may not sublicense any of the content
available from the GlobeTOM website. User must keep intact all notices that
refer to this License and to the Limitation of Liability hereunder;
3.2.3
User may not assign, transfer or sublicense
the rights pursuant to this Agreement;
3.2.4
User agrees to supervise all usage by minors
(younger than 18 years of age) of this website under User’s name or account;
3.2.5
In all of the aforesaid licensed rights, GlobeTOM
must be acknowledged as the source of the material and the GlobeTOM contact
details must be reflected accordingly;
3.2.6
User may not use the GlobeTOM website’s
communication facilities for purposes of unsolicited communications (“Spam”) or
to send or publish any content that is in violation of any law or that are
obscene, defamation, racist or offensive of nature or may result in the
infringement of intellectual property;
3.2.7
The User’s fair use and other rights are in
no way affected by the above;
3.3
Hyperlinks
to and from GlobeTOM website
3.3.1
This GlobeTOM web site may contain links to
other websites operated by third parties. GlobeTOM does not endorse, or approve
of the operators and / or owners of third party web sites, or operate or
control in any respect any of the information, graphics and material on those third
party web sites or guarantee that the website will be operation at all times;
3.3.2
Links to third party websites are included
solely for the convenience of Users. The
User therefore assumes sole responsibility for the use of a third party website;
3.3.3
GlobeTOM makes no warranties or
representations:
3.3.3.1
regarding the quality, accuracy, reliability,
legality, merchantability or fitness for purpose of third party web site
content or products or services available through third party web sites; or
3.3.3.2
that third party web site content does not
infringe the intellectual property rights of any person. GlobeTOM is not authorising or endorsing or
otherwise condoning the reproduction of third party web site content by linking
to it.
3.3.4
GlobeTOM expressly disclaims acting in any respect
on behalf of third party web site operators and / or owners. Please note that
third party sites may be subject to their own terms of use and privacy policies
different from those of this site;
3.3.5
Hyperlinks to the GlobeTOM Web Site will be
allowed, subject to the following conditions:
3.3.5.1
Submit request to hyperlink to GlobeTOM,
reflecting the details of your organisation and particular web site that will
host the hyperlink to GlobeTOM web site;
3.3.5.2
On acceptance of your request you will
receive a Linking Agreement to be signed and submitted to GlobeTOM. On receipt of this agreement we will forward
you the necessary hyperlinks, logo(s), slogans etc.;
3.3.5.3
The Linking Agreement will stipulate the
following terms and conditions:
3.3.5.3.1
The User will be authorised to link to, but
not replicate, content contained in GlobeTOM's web site;
3.3.5.3.2
The User may not present misleading or false
information about GlobeTOM’s – or any of its subsidiaries’ services or
products;
3.3.5.3.3
The User may not imply that GlobeTOM or any
of its subsidiaries are endorsing or sponsoring the User’s web site, or any
services or products available from the web site containing the hyperlink;
3.3.5.3.4
The User may not use GlobeTOM's or any of its
subsidiaries logos or trademarks without prior written permission from GlobeTOM;
3.3.5.3.5
The User’s web site may not contain content
that could be obscene, libellous, defamatory, pornographic of nature or
inappropriate for all ages or contain materials that would violate any law;
3.3.5.3.6
Must agree that the link may be removed at
any time upon GlobeTOM's or any of its subsidiaries request pursuant to GlobeTOM's
reserved rights to rescind its consent to allow the link.
3.3.5.4
Authorisation to link to the GlobeTOM Web
site shall not create and/or constitute an employer/employee relationship or an
agency or a partnership in any shape or form between the User and GlobeTOM or
any of its subsidiaries nor authorise the User to incur any liability on behalf
of GlobeTOM or any of its subsidiaries;
4.
INTELLECTUAL PROPERTY RIGHTS
4.1
The Intellectual Property available on the GlobeTOM
website or obtained via the interaction between itself and the Users are the
property of - or license to GlobeTOM and / or its subsidiaries and may not be
utilized outside the licensed terms as set out under these terms and conditions;
4.2 E-mail
addresses, names, telephone numbers and fax numbers published on the GlobeTOM
website may not be incorporated into any database used for electronic marketing
or similar purposes. The presentation of such details is no “opt-in” / permission from GlobeTOM to
utilise same.
4.3 GlobeTOM
would be pleased to consider requests for permission to disseminate or use GlobeTOM
content outside the scope of the license terms set out under above, provided
that our written approval is obtained in advance. To obtain approval please
contact us at: +27 (0)
12 665 2280 or info@globetom.co.za.
Further
disclosure requirements to the User as consumer:
5.1
Prices of products and services:
5.1.1
No prices for services or products are quoted on the website, however for more
information on pricing the User can go to Contact Us;
5.1.2
Access to GlobeTOM website:- free
5.2 Product
/ Services
5.2.1
The main purpose of the GlobeTOM website is
to introduce the User to the services and products available from GlobeTOM;
5.2.2
Products and Services available: click on ‘Products’ and’ Professional Services’ to view
same;
5.2.3
The terms and conditions applicable to each
service and / or product presented on the GlobeTOM website are available on
request;
6.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
6.1 We value your personal information and intend to give you as much control as possible over your personal information;
6.2
The purpose of this statement is to set out
how we use Personal information that we may obtain about you. By either
registering as a User of any services provided by GlobeTOM on the GlobeTOM
website and by using the GlobeTOM website generally you agree to the following
use:-
6.3
Use of your
Personal Information
6.3.1
When the User register on GlobeTOM website,
utilise the services or use / browse the
GlobeTOM website GlobeTOM may collect, store and use the User’s personal
information or any other additional information for purposes as set out below,
not limited to just online orders and technical support;
6.3.2
GlobeTOM may use personal information or any
other requested information that the User provides or that is obtained by GlobeTOM:
6.3.2.1
To submit information about GlobeTOM services
/ products to the User;
6.3.2.2
To fulfil GlobeTOM’s agreement with User;
6.3.2.3
To register User with GlobeTOM website and to
administer GlobeTOM website services;
6.3.2.4
To identify User when accessing and utilising
the GlobeTOM website;
6.3.2.5
To ensure that User’s requested services are
delivered;
6.3.3
GlobeTOM retains all rights to non-personal
information collected and compiled by GlobeTOM.
6.4
Disclosure
of User Information
6.4.1
GlobeTOM may give information about the User
to the following, who may use it for the same purposes as set out above,
excluding direct communications with the User as set out under clause for
assessment and analysis of non-personal statistical information to enable is to
review, develop and improve the services which we offer that will enable us to
communicated with Users and other customers such relevant information:
6.4.1.1
to employees and agents of GlobeTOM to
administer the GlobeTOM website and
communications to you by GlobeTOM;
6.4.1.2
agents or GlobeTOM franchisees who (on our
behalf) profile the User’s data so that GlobeTOM may tailor the goods/services
we offer to the User’s specific needs;
6.4.1.3
to anyone to whom GlobeTOM transfers or may
transfer its rights and duties under our agreement with the User;
6.4.1.4
if GlobeTOM have a duty to do so or if the
law allows it to do so.
6.4.2
No log-in names or passwords will be
disclosed to any third party, except those third parties responsible for the
execution of the GlobeTOM website log-in facility;
6.4.3
The user has a right to see its personal information that we
keep about the User, either via the GlobeTOM registered User account access or
upon receipt of a written request and payment of a fee (See Promotion of Access
to Information Act 2 of 2000). If the
User is concerned that any of the information we hold on him/her is incorrect
please contact GlobeTOM immediately.
6.5
Cookies
6.5.1
Cookies may be used by us to understand the
Users of our website better. Cookies allow us to understand who has seen which
pages and advertisements, to determine how frequently particular pages are
visited and to determine the most popular areas of our website. Depending on
the type of cookie we use, cookies also allow us to make our website more user
friendly, for example, permanent cookies allow us to save the User’s password
so that the User does not have to re-enter it every time the User visits our
website;
6.5.2
The User can usually adjust its browser so
that the User’s computer does not accept cookies. If the User does this, the
User will still be able to browse around the site but the functions that allow
the User to access an existing account or page that requires a username or
password, will not be available;
6.5.3
Alternatively the User can adjust its browser
to tell the User when a website tries to put a cookie on the User’s computer.
How the User adjust its browser to stop it accepting cookies or to notify the
User of them, will depend on the type of internet browser programme the User’s
computer uses;
6.5.4
Please remember, cookies do not contain
confidential information such as the Users’ home address, telephone number or
credit card details. We do not exchange cookies with any third party websites
or external data suppliers;
6.5.5
The User’s browser also generates other
information, including which language the site is displayed in, and your
Internet Protocol address ("IP address"). An IP address is a set of
numbers which is assigned to the User’s computer during a browsing session
whenever the User log on to the Internet via the User’s internet service
provider or the User’s network (if you access the Internet from, for example, a
computer at work). The User’s IP address is automatically logged by our servers
and used to collect traffic data about visitors to our websites. We do not use
the User’s IP address to identify the User personally;
6.5.6
We only keep cookies for the duration of the
User’s visit to our website, except where the User save his/her login name as
referred to above.
6.6
Security
6.6.1
We endeavour to take all reasonable steps to
protect the User’s personal information. However, we cannot guarantee the
security of any data the User disclose on-line. The User accepts the inherent
security risks of providing information and dealing on-line over the Internet
and will not hold GlobeTOM, its directors, employees or agents responsible for
any breach of security unless this is due to our gross negligence or wilful
misconduct;
6.6.2
Please take note that GlobeTOM may send User
emails from time to time but we would never send an email asking for the User’s
log on details or bank details, or direct User to a web page that asks for this
information.
6.7
General
6.7.1
Please be aware that our site may link to
other websites which may be accessed through the GlobeTOM website. We are not
responsible for the data protection - or privacy policies or procedures or the
content of these linked websites;
6.7.2
Contact Us
If the User has any comments or queries in connection with the above privacy
statement, please contact GlobeTOM at info@globetom.co.za or write to GlobeTOM (see postal address
above).
7.1
Although GlobeTOM is not obliged to provide
security on the GlobeTOM website we feel it is important that Users information
or any communication between Users and GlobeTOM is dealt with in the most
secure manner reasonable possible, however because of the nature of the
internet GlobeTOM cannot warrantee that the User’s communications with GlobeTOM
via the website is completely secure;
7.2 To provide
adequate security to all Users of the website and to monitor activities
prohibited under section 86 of the ECT
Act the User hereby agrees to GlobeTOM right to intercept, monitor, block,
read, delete or accesses all data sent to the website or any other GlobeTOM
communication facility, e.g. email, Instant messaging – or fax to email
application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of
Communication related information act 70 of 2002;
7.3
It is our policy to virus check documents and
files before they are posted on this website. However, GlobeTOM cannot
guarantee that documents or files downloaded from this website will be free
from viruses and GlobeTOM do not accept any responsibility for any damage or
loss caused by any virus. Accordingly, for the User’s own protection, the User must
use virus-checking software when using this website. Further, the User shall
not post or provide to GlobeTOM via this website, any document or file that may
contain a virus. The User must virus check any document or file which the User intends
to post or provide to us via this website.
The User hereby indemnify GlobeTOM, its service providers and affiliates
against any possible damages, expenses or losses as a result of delivering
computer programs or any other code that may damage this website or the GlobeTOM
or its service provider’s infrastructure;
8.1
GlobeTOM website and all materials found on
the website are intended for information purposes and provided "as is" without any warranty,
representation, condition, undertaking, or terms of any kind, express or
implied, statutory or otherwise, including without limitation, the warranties
of merchantability, non-infringement of intellectual property, fitness for a
particular purpose or suitability of the information, software or services;
8.2
GlobeTOM further does not warrant the
accuracy or completeness of the information, text, graphics, links or other
items contained in the GlobeTOM website. GlobeTOM may make changes / amendments
to the GlobeTOM website, the policies, information described in the materials
or content of these Terms and Conditions, at any time without notice. GlobeTOM reserve the right to vary or amend
these terms and conditions from time to time. Any changes shall take effect
upon posting to this website. GlobeTOM
makes no commitment to update the materials and may discontinue any part of the
GlobeTOM website or services or certain software or version of certain software
for the utilisation of the GlobeTOM website;
8.3 GlobeTOM
and its service providers will not be liable for any special, direct, indirect
or consequential damages, expenses or losses whatsoever, including loss of
profits or data, any delays, whether in
an action in contract or delict, arising out of the use or inability to use the
GlobeTOM website or performance of the GlobeTOM website or non-performance of
the GlobeTOM website, i.e. GlobeTOM website not available as a result of 3rd
party service providers, maintenance, enhancements, events outside the control
of GlobeTOM or force majeure events,
even if GlobeTOM have been advised of the possibility of such damages;
9.1 Formation
and validity of this GlobeTOM website agreement
The User agrees that:
9.1.1
the User is at least 18 years of age and
possesses the legal right and ability to enter into this Agreement and to use
this Website in accordance with all terms and conditions herein;
9.1.2
all information that are incorporated by
using hyperlinks and / or other methods of reference form part of this
agreement (see section 11(3) of the ECT
Act);
9.2
Time and Place of communication, dispatch and receipt
9.2.1
Data Messages (as per
the ECT Act) sent from GlobeTOM to the User have been sent from GlobeTOM’s
place of business;
9.2.2
Data Messages sent from GlobeTOM to the User
is deemed to be received by the User when complete message are outside the
control of GlobeTOM (left the system of GlobeTOM);
9.2.3
Data Messages from the User to GlobeTOM are
deemed to be received by GlobeTOM only when GlobeTOM respond thereto. Such acknowledgement further does not give
legal effect to that message, unless specifically indicated by GlobeTOM that it
does give legal effect to the Message;
9.3 Expression
of intent
9.3.1
The User acknowledges that all agreements,
authorization or request under this agreement satisfies the “writing” requirement as per section 12 of the ECT Act;
9.3.2
For purposes of Electronic Communications
between User and GlobeTOM no Electronic Signature is required; the mere sending
of Data Messages or browsing of our website demonstrates the User’s intent to
be a party to this agreement;
9.4 Attribution
of data messages to originator
9.4.1
The User agrees and warrants that the data
message sent, from any Computer or device that is owned by the User or the
User’s employer or programmed by the User or on the User’s behalf, to GlobeTOM
was sent by the User or a person that had authority to act on the User’s behalf
in respect of the data message.
10.
REFUND / CANCELLATION POLICY
10.1 There are
no deliverables in terms of services or products available from the GlobeTOM
website, except the information as requested by the User by browsing the GlobeTOM
website. Therefore, section 44 of the ECT
Act does not apply (no-cooling off period).
These Terms and Conditions and the User’s access to the
website may be terminated at any time by GlobeTOM without notice. All
restrictions, disclaimers and limitations of liability by GlobeTOM will survive
termination, however, the User will no longer be authorised to access
the website.
12.1
If the User is in breach of the terms and conditions
of this website, GlobeTOM reserves the right to, without prejudice to any
rights which it may have in terms hereof
or at law, to:
12.1.1
order for specific performance and damages; or
12.1.2
terminate
this Agreement and claim damages; or
12.1.3
Institute criminal procedures where
applicable and necessary;
12.2 All costs, charges and expenses of whatsoever nature which may be incurred by GlobeTOM in enforcing its 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.
13.
GENERAL AND MISCELLANEOUS
These Terms
and Conditions constitutes the sole record of the agreement between the User
and GlobeTOM with regard to the subject matter hereof. No Party shall be bound by any express or
implied term, representation, warranty, promise or the like not recorded
herein.
13.2
No amendments except in writing
13.2.1
Except for GlobeTOM’s rights as per clause 8.2 above, no addition to, variation of, or agreed
cancellation of, this Agreement shall be of any force or effect unless in
writing and signed by or on behalf of the User and GlobeTOM; and
13.2.2
No data message as defined above, including
but not limited to an e-mail, SMS and recorded voice message, sent by User to GlobeTOM
shall amend this agreement or the rights and duties of the parties in any
manner, unless such a data message is reduced to paper and signed by the
parties;
No relaxation
or indulgence, which any party may grant to any other, shall constitute a
waiver of the rights of that party and shall not preclude that party from
exercising any rights which may have arisen in the past or which might arise in
future.
Any provision
under these terms and conditions, which contemplates performance or observance
subsequent to any termination, or expiration of this Agreement shall survive
any termination or expiration of this Agreement and continue in full force and
effect.
13.5 Severability
If any one or more of the clauses of these terms and
conditions shall be declared or adjudged (formally or informally) by competent
authority to be illegal, invalid or unenforceable under any law applicable in
any jurisdiction in which these terms and conditions is to be performed,
including this clause :
13.5.1
That clause shall be deemed for all purposes
to be severable from all the other clauses of these terms and conditions, which
clauses shall continue in force unaffected;
13.5.2
The terms and conditions thus continuing
shall (subject and without prejudice to any appeal to higher authority as to
the status of that clause) exclude the offending clause but, if such deletion
substantially affects or alters the commercial basis of these terms and
conditions, the terms and conditions, including such provision, shall be
amended in such manner as the parties shall in good faith agree which will,
while not being void or unenforceable, most nearly achieve the object of the
allegedly void or unenforceable provisions.
This
Agreement and any matters arising there from or incidental thereto shall be
governed by and dealt with in accordance with the laws of the Republic of South
Africa and the parties submit to the exclusive jurisdiction of the Magistrates
Court of Pretoria.