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Terms & Conditions

IMPORTANT: THESE TERMS CONTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITY
Document version dated 28 August 2024
  1. INFORMATION ABOUT US
These Terms of Use (“Terms”) shall govern your access and use of the Website operated by Adaptavist South Africa (Pty) Ltd ("we", "us" or "our"), as well as your access and use of related Materials (as defined below) on the Website.
Adaptavist South Africa (Pty) Ltd is part of The Adaptavist Group. The Adaptavist Group is a multinational group of companies operating worldwide. Information and contact details of Adaptavist South Africa (Pty) Ltd and its affiliates can be found in the Legal Notice.
An individual Website may also contain notices or supplementary terms and conditions of various forms, in which case terms outlined in such notices or terms and conditions, in combination with the terms below, shall then constitute the “Terms.” If there is a conflict between the notices or supplementary terms found on an individual Website and the terms below, the notices or supplementary terms on an individual Website shall take precedence with respect to your use of that Website.
  1. ACCEPTANCE OF TERMS
By accessing or using a Website or the materials provided on a Website, you agree to be bound by these Terms, including the Privacy Policy, Legal Notice, Disclaimers and Policies contained on this Website, as amended from time to time. If you do not accept the Terms of Use, you must stop visiting or using our Website without undue delay.
The Website is not intended for use by minors (persons under the age of 18). The use of the Website by minors is expressly prohibited.
  1. RIGHT TO CHANGE, MODIFY OR DELETE THE TERMS OF USE
Adaptavist South Africa (Pty) Ltd reserves the right to change, modify, add or delete sections of the Terms of Use at any time, with or without prior notice. These Terms of Use are effective from the date on which they are made available online. Amendments to these Terms will be effective upon publication and operate as a condition of your continued use of the Website or Materials. Please read the Terms periodically in order to be aware of any changes we may have made to the Terms. Use of the Website will be subject to the version of the Terms available on the Website at the time of such use.
The proprietary rights, disclaimer of warranties, indemnities and limitations of liability shall survive any termination of the Terms.
  1. PURPOSE OF THE WEBSITE
The Website provides information about the services offered by Adaptavist South Africa (Pty) Ltd.
If you are interested in our Services, please complete the “Get in touch/Contact Us” form on the website. We will contact you as soon as possible. Alternatively you can contact us via the contact details in our Legal Notice.
If you are interested in Products of Adaptavist Group Ltd, please complete the “Get in touch/Contact Us” form on the website. We will contact you as soon as possible. Please note that Adaptavist Group Ltd Products are governed by the End User Licence Agreement (“EULA”), which can be found here.
If you are interested in products offered by third-parties that we resell, please refer to the respective third party’s website terms and conditions, end user licence agreements, privacy policy or any other relevant documentation applicable.
  1. PERSONAL DATA
​​Adaptavist South Africa (Pty) Ltd Privacy Policy Terms form part of these Terms of Use. Before browsing and providing any personal data, please inform yourself of our Privacy Policy, which is available here.
  1. USE OF COOKIES
Adaptavist South Africa (Pty) Ltd Ltd uses cookies to optimise the presentation of our Website. You can find out more information about the cookies we collect in our Privacy Policy. You can also customise cookies on your computer, which is available
here.
  1. INTELLECTUAL PROPERTY RIGHTS
All products, goods, software, scripts (including hosted software as a service or similar services) are known as the “Software”. All documents, web pages, logos, blogs, videos, graphics, sounds,images, trademarks, trade names, are known as “Content.” Software and Content, together, along with anything else on the Website, are known as “Materials,”; all Materials on the Website were provided by Adaptavist South Africa (Pty) Ltd, its affiliates or to Adaptavist South Africa (Pty) Ltd by the respective manufacturers, authors, developers, partners, vendors, clients of the Materials (the “Third Party Material Providers”). All Materials are the intellectual property of Adaptavist South Africa (Pty) Ltd, its affiliates and/or the relevant Third Party Material Providers. Except as stated herein or expressly on the Website, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Adaptavist South Africa (Pty) Ltd, its affiliates and, if applicable, the Third Party Material Provider.
For avoidance of doubt, you also may not, without our prior express written permission, link to or “mirror” any Website or any Material contained on a Website. Furthermore, any usage rights for Adaptavist South Africa (Pty) Ltd or its affiliates products shall be subject to rights and restrictions as detailed within the published End User License Agreement (EULA) and/or terms associated with that product.
7.1. NO LICENCE
Furthermore, nothing on this Website shall be construed as conferring any licence under any of Adaptavist South Africa (Pty) Ltd, its affiliates’s or any Third Party Material Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licences.
7.2. UNAUTHORISED OR UNLAWFUL USE
Any unauthorised use of any Materials contained on the Website may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and various regulations and statutes.
You agree not to use this site nor any Materials for any unlawful purposes, or for any purposes that would violate the Terms.
7.3. YOUR CONTENT
You undertake that any material that you upload or otherwise share on or through the Website is material for which you have the right and authority to share. Unless otherwise specifically stated in these Terms, you grant Adaptavist South Africa (Pty) Ltd and its affiliates a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable licence to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the material for whatever purposes, commercial or otherwise, Adaptavist South Africa (Pty) Ltd chooses.
  1. YOUR USE OF THE WEBSITE
You undertake to use the Website in a reasonable and obvious way for which it was established, and not in any way that might overload or stress the Website. You furthermore undertake not to attempt to reverse engineer any part of the site or gain access to areas of the site or Materials to which you are not clearly entitled.
You may only use this website for purposes permitted by law. You are prohibited from uploading, distributing, submitting or posting through the Website any unlawful content, including but not limited to:
  • violates the rights of third parties, such as content that infringes copyrights, trademarks, patents or trade secrets
  • violates the right of privacy
  • violates the applicable criminal or civil law
  • contains computer viruses, worms, moles or other contaminating or destructive element
  • is defamatory, obscene, pornographic, abusive, harassing, threatening
  1. THIRD PARTY CONTENT DISCLAIMER
Materials provided by Third Party Materials Providers have not been verified in whole or in part by Adaptavist South Africa (Pty) Ltd.
Adaptavist South Africa (Pty) Ltd is committed to respecting others’ intellectual property rights, and we require our users to do the same. Adaptavist South Africa (Pty) Ltd may, at its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights.
If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us at https://www.adaptavist.com/contact/.
  1. DISCLAIMER OF WARRANTY
The Website and Materials are provided 'as is', and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, accuracy, fitness for a particular purpose, or non-infringement are disclaimed to the maximum extent permitted by law. Adaptavist South Africa (Pty) Ltd makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Content, nor that access to or use of the Website or any Software shall be uninterrupted or without delays or errors. Adaptavist South Africa (Pty) Ltd will make commercially reasonable efforts to rectify errors as soon as it becomes aware of them.
  1. LIMITATION OF LIABILITY
Adaptavist South Africa (Pty) Ltd shall not be liable for any loss or interruption of business, revenue, profits, use, data, wasted expenditure or other economic advantage, nor any indirect, punitive, special, incidental, or consequential damages suffered as a result of using the Website. The foregoing exclusion shall apply however such liability arises, whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis, to the extent permissible by law, even if Adaptavist South Africa (Pty) Ltd has been previously advised of the possibility of such damage. You shall hold Adaptavist South Africa (Pty) Ltd harmless from any claims by yourself or your customer(s) for such losses.
The remedies set forth herein are exclusive, and Adaptavist Group Ltd aggregate liability whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis shall not exceed £10 (ten British pounds) and you shall hold Adaptavist Group Ltd harmless for all losses in excess of this sum.
If you have any concerns or objections about the limitation of liability set out in this article you can raise them to us in the contact details provided in the Legal Notice, but you should not make any use of our Website and Materials, as such use will indicate that you accepted unconditionally this limitation of liability.
  1. LINKS TO THIRD PARTY SITES
Our Website may refer directly or indirectly to third-party Websites (so-called "Links to Third Party sites"). Adaptavist South Africa (Pty) Ltd disclaims any liability in relation to the content of such Third-Party sites. The respective owner of is always responsible for the content and accuracy of the information made available on such Third-Party site(s). Adaptavist South Africa (Pty) Ltd does not claim ownership of the linked content and does not declare any co-operation in the creation of the content, unless otherwise expressly stated in the specific content. The linked sites have their own terms of use and privacy policies, which the user is responsible for reading when accessing them.
Adaptavist South Africa (Pty) Ltd is providing these links to you only for your convenience, and the inclusion of any link to such sites does not imply endorsement by Adaptavist South Africa (Pty) Ltd of those sites. You bear all risks associated with your access, or use, of those sites and any Third Party content, products and services available on or by means of those sites.
No legal infringements were recognisable by Adaptavist South Africa (Pty) Ltd at the time of linking. If we become aware of any legal infringements, we will remove such links without undue delay.
  1. INDEMNITY
You agree to indemnify and hold harmless Adaptavist South Africa (Pty) Ltd and its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs, due to or arising out of any material that you share, your violation of these Terms, or any additional rules, guidelines or terms of use posted for a specific area of a Website or Material provided on or through a Website, or your violation or infringement of any third party rights, including intellectual property rights.
  1. LOCAL LAWS, EXPORT CONTROL
Adaptavist South Africa (Pty) Ltd controls this Website from the Republic of South Africa and makes no representation that the Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
You acknowledge and agree that Materials are subject to the laws of the Republic of South Africa. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorised by the Government of the Republic of South Africa.
  1. APPLICABLE LAW
Any action related to these Terms will be governed by the laws of the Republic of South Africa. Any disputes relating to these Terms will be governed by and construed in accordance with the applicable laws of the Republic of South Africa and shall be submitted to the exclusive jurisdiction of the Courts of the Republic of South Africa. Notwithstanding the foregoing, Adaptavist South Africa (Pty) Ltd may bring a claim for equitable relief in any court with proper jurisdiction. If any of these terms are found to be inconsistent with applicable law, then such Terms shall be interpreted to reflect the intentions of the parties and no other terms will be modified.
Adaptavist South Africa (Pty) Ltd failure to enforce any of the terms in these Terms is not a waiver of such terms. The Terms are the entire agreement between you and Adaptavist South Africa (Pty) Ltd and/or its affiliates and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Adaptavist South Africa (Pty) Ltd about the Website.