TERMS OF USE (“TOU”) OF UNITEC AFRICA (PTY) LTD

REGISTRATION NUMBER 2015/218096/07

(“UNITEC AFRICA”, “US”, “WE”, “OUR” or “PARTY”)

(VERSION 1.O – EFFECTIVE AS AT DATE OF PUBLICATION)

 

IMPORTANT NOTICE – Please read carefully before using or accessing our website.

These Terms of Use includes our Privacy Statement (collectively the “Agreement”).

By accessing the Unitec Africa website found at https://www.unitecafrica.co.za/ (the “Website”) and/or entering your information on it to submit a query or perform a similar action (the “Services”) and/or continuing use of this website, you as the user (“You”, “User” or “Party”, as the context may require) agree and represent that:

1) You have the required authority to do so regardless of the capacity in which you are accessing our website;

2) You accept and understand all of the terms and conditions contained in the Agreement, and agree to be bound by them; and

3) Should you disagree or not understand anything, especially any of the terms herein, you will discontinue use of our website immediately.  Should you fail to do so, you entirely disclaim- and hold us harmless, and you understand, accept and agree that you proceed at your own risk.

We retain the right to amend the contents of the Agreement, and/or any related policies at any time and without prior notice to anyone.

  1. INTRODUCTION AND DESCRIPTION OF UNITEC AFRICA
  • Unitec Africa operates as an international technology company, specialising in various innovative managed information technology (“IT”) solutions, including, but not limited to, managed IT-services, full service IT-infrastructure management, cloud computing services, and leading IT-security solutions.
  • The website can be accessed at  https://www.unitecafrica.co.za/ and is owned and operated by Unitec Africa (Pty) Ltd, a subsidiary of Unitec Ireland Limited.
  • The website is designed to enable users to acquire a general overview of our service offerings, and to submit enquiries and comments directly via the Contact page.
  • These website terms govern the use of the website, the submitting of enquiries, and related matters.
  1. IMPORTANT NOTICE
  • This Agreement applies to all users of our website and constitutes a legally binding agreement between Unitec Africa and the user.
  • There are provisions in this Agreement which may:
    • Limit our risk or liability and/or the risk or liability of a third party;
    • Create risk or liability for you;
    • May compel you to indemnify us or a third party; and/or
    • Serve as an acknowledgement, by you, of facts as presented.
  • Your attention is drawn to these terms because they are important and must be carefully noted.
  • If there is anything in this Agreement that you do not understand, it is solely your responsibility to obtain clarity from us before you continue to use the website. You may do so by making contact with us and detailing your enquiry in writing to hello@unitecafrica.co.za.
  • Nothing in this Agreement is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation of yourself or Unitec Africa.
  1. SUBMISSION OF INFORMATION
  • Unitec Africa offers the opportunity for users to submit enquiries and/or comments regarding services on the website directly.
  • The user is required to enter various fields on our website regarding themselves and/or their enquiry. This information may include personal information which you may be encouraged to disclose to enable us to respond to you. You do so free from obligation, and at your own will.
  • The user understands and agrees that we are at no time obliged to respond to an enquiry, and may decline to do so if the information provided by the user is inadequate. We may however reach out to the user to request further information, which the user may accept or decline.
  • We respect all of our users’ privacy. We only process personal information in a lawful manner in accordance with our Privacy Policy and applicable privacy legislation, which can be accessed on our website.
  1. ERRORS AND COMPLAINTS
  • You understand and agree that we have no obligation to the user whatsoever to maintain and/or update our website. Accordingly, we will not be held liable for any errors, failures and/or inaccuracies on it.
  • In the event that you encounter an error, failure and/or inaccuracy, we urge you to inform us thereof in writing at hello@unitecafrica.co.za.
  • You however understand and accept that we are not obliged to respond to any submission of communication in this regard, and that the rectification thereof remains at our sole discretion.
  • RULES OF CONDUCT AND ACCEPTABLE USE
    • When you access or use our website you agree that you will not:
      • License, sublicense, sell, rent, transfer, assign, distribute or otherwise commercially exploit our services or any part thereof to anyone else;
      • Reproduce, modify or make derivative works based on our website or any audio and/or visual information, documents, software, graphics, products, and services on it;
      • Reverse engineer or access the website in order to (i) build a competitive product or service, (ii) build a product using our ideas, features, functions or graphics, or (iii) copy any ideas, features, functions or graphics of our website;
      • Violate any legislation, rule or regulation;
      • Interfere with or disrupt any of our services or any server or network used to support or provide it;
      • Use any software or program that damages, interferes with or disrupts our website or property, such as denial of service attacks, spamming, hacking, uploading computer viruses, worms, trojan horses, cancelbots, spyware, corrupted files and/or time bombs;
      • Publish, post, upload or distribute any content, material or information, that we determine inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful; or
      • Post a message for any purpose other than facilitating communication between us. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
    • OWNERSHIP AND COPYRIGHT
      • The contents of our website, including, but not limited to, any information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, marketing materials and service marks which are displayed on or incorporated in our website, is the sole property of Unitec Africa and shall remain so unless disposed of by us in a lawful manner. You understand and accept this accordingly.
      • You will not acquire any right, title or interest in our website or any of the contents thereof at any time.
      • You may only use, distribute or reproduce the contents or any part of our website with our prior written consent. To request assistance in this regard, please contact us at hello@unitecafrica.co.za.
      • If any part of our website is licensed- or belongs to any third party, you will be required to comply with their terms of use. You understand and accept that we do not exercise control over such third party’s website and cannot be held liable for anything arising from your use thereof.
      • The user is granted a personal, limited, non-transferable, revocable, and non-exclusive license to use our website and/or services for non-commercial use, subject to compliance with this Agreement.
    • LIMITATION OF LIABILITY
      • By virtue of the evolving nature of our operations and various add-on services, we cannot be held liable for any changes in pricing of services, nor any service offered or revoked. You understand that the selection of services of each client differs, including resources required for it, and that inaccuracies on our website is not always in our control.
      • All users are encouraged to inform us as soon as possible of any suspected or actual inaccuracies at hello@unitecafrica.co.za so that we may correct it or advise you accordingly.
      • Under no circumstances shall we be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind.
    • INDEMNITY
      • You hereby indemnify and hold us entirely harmless against any claim by any third party for any costs, damages, penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising from accessing and/or using our website and/or arising from any breach of any of any obligations under this Agreement.
      • We do not undertake nor warrant that the accuracy, reliability or content of our website is at all times accurate nor error-free. As the user, you understand and agree that your decision to use our website is entirely at your own risk.
      • We make no warranties, undertakings or similar, other than those expressly catered for in the Agreement.
    • BREACH
      • If any user is found in breach of any of the Agreement, we reserve the right to immediately discontinue their current and future access to our website and/or services. We further reserve the right to insist that the breach be remedied to the extent that we are placed in a similar position as prior.
      • Further, we reserve the right to utilise any remedies available to us contained in the Agreement and/or at law.
    • ARBITRATION
      • Other than in respect of provisions of this Agreement which provide for their own remedies, either party may refer a dispute to arbitration to be held in terms of this clause.
      • The arbitration shall be held in Johannesburg in accordance with the provisions and rules of the Arbitration Foundation of South Africa (“AFSA”) and:
        • The arbitration shall be informal; and
        • The arbitrator shall have the discretion to determine the procedure to be adopted at the hearing.
        • The appointment of the arbitrator will be made by Unitec Africa within a period of 14 (fourteen) days after the arbitration has been requested.
      • The decision of the arbitrator shall be final and binding and shall not be subject to appeal.
    • Information
      • For purposes of complying with the Electronic Communications and Transactions Act No. 25 of 2002, Unitec Africa’s information is set out below.
        • Full name: UNITEC AFRICA (PTY) LTD a private company registered in South Africa with registration number 2015/218096/07.
        • Main business operations: SPECIALISED INFORMATION TECHNOLOGY SERVICES AND RELATED.
        • Physical address for receipt of legal service (also postal and street address): 1 & 2 WILLOWBROOK OFFICE PARK, VAN HOOF STREET, RUIMSIG, ROODEPOORT, 1724.
        • Phone number: +27 10 500 5705.
        • Email address: hello@unitecafrica.co.za
        • PAIA-manual: The manual published in terms of section 51 of the Promotion of Access to Information Act No. 2 of 2000 may be obtained by contacting us with the details of your request at our e-mail address specified above.
      • General
        • Unitec Africa may suspend or terminate the operation of the website or any user’s rights to use the website at any time in its sole discretion.
        • Any failure on our- or the user’s part to enforce any right herein shall not constitute a waiver of that right, and remains available to us respectively to enforce at any time.
        • If any term or condition contained herein is declared invalid, illegal or unenforceable, the balance will remain in full force and effect.
        • This Agreement shall be governed by- and construed in accordance with the laws of the Republic of South Africa and shall be subject to the exclusive jurisdiction of the High Court, North Gauteng Division.