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TERMS AND CONDITIONS OF USE  

 

Thank you for visiting our website. You must read and understand the terms and conditions of our website.

1.      Acceptance of Terms of Use

1.1       By using this page or any other page in Intervate's website, you understand and agree to be bound by these terms and conditions. Users who do not agree with these terms of use must discontinue use of this website, or parts of this website, immediately. Continued use of this website means you accept these terms of use.

1.2       In terms of Section 11 of the ECT Act, these terms and conditions are binding and enforceable against any person accessing this website or any part thereof or any of Intervate's on-line products and/or services.


2.      Notice in terms of Section 43 of the ECT Act

2.1       The full name and legal status of the website owner is Intervate Solutions (Pty) Ltd

2.2       VAT Registration number 4620185142

2.3       Street Address : International Business Gateway, New Road, Midrand, 1685

2.4       Postal Address : PO Box 2496, Midrand, 1685

2.5       Our main business is the development and integration of software

2.6       The website url   is www.Intervate.com

2.7       The official email address for enquiries is: enquiries@intervate.com

2.8       Please refer to the PAIA Manual for a downloaded version.

2.9       The Head of Intervate is Peter Reid. The Managing Director of T-Systems South Africa (Pty) Ltd is Gert Schoonbee.


3.      Definitions

3.1       'CPA' mean the Consumer Protection Act, No. 68 of 2008

3.2       'ECT Act' means the Electronic Communications and Transactions Act, No. 25 of 2002

3.3       The 'Intervate website' means this website, owned and operated by Intervate Solutions (Pty) Ltd, located at www.intervate.com

3.4       'Intervate/Us/We/Our' means Intervate Solutions (Pty) Ltd, Value Added Tax 'VAT' registration number 4620185142

3.5       'IP' means Intellectual Property

3.6       'Online Services' means this Intervate website and any other services offered by Intervate through electronic means, including but not limited to its electronic portals and information used and exchanged for the purpose for providing electronic services

3.7       'You/User/Your/End User' means the user, which is a person who accesses the Intervate website or a part thereof.

3.8       'Personal Information' or 'PI' means information that positively identifies a living natural person and existing legal person (juristic entity), as defined in Section 1 of PoPI.

3.9       'PAIA' means the Promotion of Access to Information Act, No. 2 of 2000

3.10     'PoPI' means the Protection of Personal Information Act, No. 4 of 2013

3.11     'VAT' means Value Added Tax

3.12     'url' means Uniform Resource Locator


4.      General Provisions

4.1       No delay in us exercising any of our rights may be construed as a waiver of any right, whether done expressly or impliedly, nor will it affect the validity of any part of these terms and conditions or prejudice our right to take subsequent action against you.

4.2       If any of these terms and conditions are found to be invalid, unlawful or unenforceable, the said term or condition will be deleted from the remaining terms and conditions, which will continue to be valid, to the full extent permitted in law.

4.3       Nothing in these terms and conditions shall confer any right to any third party to enforce or enjoy the benefit of any aspect of these terms and conditions.


5.      Permitted Use and License

5.1       You are permitted to use, access, browse, view, amend, download, and print the content and details of this website  in terms of the law and for legal purposes only

5.2       You undertake and warrant that you will not :

    1. Use this website and/or online services for commercial and/or non-private purposes
    2. Use this website and/or online services to receive or transmit content that violates any law or regulation or which is construed as hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of intellectual property rights.

      Caching is permitted if :
    1. The purpose of the caching is to make the transmission of the online content more efficient
    2. The content that has been cached is not modified in any manner, way or form whatsoever
    3. The cached content is updated at least every twelve hours
    4. When required by us, the cached content is updated and/or removed

      Where you are in breach of the terms and conditions for the use of our Website and/or online services :
    1. We reserve the right to claim damages from you
    2. We also reserve the right to institute criminal proceedings against you
    3. Additionally, under no circumstances whatsoever shall we be liable for any damage, loss or liability that results from the use of such content, either by you, or a third party who obtained the content from you, the user.

      Hyperlinks to our online services or site from another source shall be directed to the homepage of our website. Links to any other site beyond Intervate's homepage may only be used with the express consent of Intervate.

5.6       No person, with the exception of recognised search engine operators, may search or copy content from the Intervate website without our express consent.


6.      Intellectual Property Rights

6.1       This website is the published by Intervate and is protected by Copyright and IP rights

6.2       We retain all copyrights and other IP rights in all content on this website, including the website design, text, graphics, multimedia, typographical arrangements, trademark, logos and any and all material related hereto which is retained as our IP.

6.3       Nothing on our website is a license (permission and/or consent) to use any of our material for any other purpose without first obtaining written permission from us, or any other party that may have rights to our IP.

6.4       If you want to use our content, you must send your request to us enquiries@Intervate.com

6.5       Our failure to respond to your request within five (5) business days must be accepted as our refusal of permission to use our content.


7.      Privacy Statement

7.1       We take all reasonable practicable steps to protect the PI of all persons and are committed to protecting privacy rights.

7.2       PI means any information that positively identifies a living natural person and an existing legal entity, as defined in PoPI.

7.3       We collect and process PI for legitimate business purposes. These purposes include :

    1. To communicate requested information to you
    2. To respond to queries and/or complaints
    3. To compile non personally identifiable statistical data about browsing habits and access to online services

      PI is collected and stored electronically by the use of cookies. Alternatively, you may provide PI directly to us, with your consent. You may change your own browser settings and determine how cookies are used. However, turning off cookies may negatively impact your user experience. It may result in certain features of this website and/or our online services not being displayed optimally or certain features may be rendered unavailable.

      We collect your Internet Protocol ('IP') address, the date and time that you visited our website, and your browser history to recognise you when you re visit our website.

      All rights to statistical non personal information is owned and retained by Intervate.

      In the following limited instances, we may disclose your personal information:
    1. Upon receipt of a lawful order   
    2. In compliance with specific laws and regulations
    3. To our agents and/or consultants and/or business partners, to the extent necessary to provide you with our products and/or services
    4. To companies conducting research on our behalf or for the purpose of generating statistics for management information reports, to improve the end user experience and enhance our products and/or services
    5. For communication purposes, such as when we send you information about our products and services or product and service enhancements. In this regard, we comply with the applicable provisions regulating direct marketing, as stipulated in the CPA.

      By using our website, you accept and agree that we may undertake monitoring activities, in compliance with applicable laws, to evaluate performance for business purposes, to conduct quality assurance, for training and marketing purposes and in order to improve our online services

7.9       We reserve the right to amend this Privacy Statement in order to discharge our obligations to changes in data privacy legislation and/or industry specific regulations.


8.      Use of Hardware and Software Equipment

8.1       You must use and update your hardware and software (computer equipment and programmes) that are appropriate for our website and/or online services. Failure to do so may result in this website not working properly and this could result in you experiencing increased security risks.

8.2       If we offer any software to you through our website, you enter into a license agreement for that software with the Software Licensor (owner of the software).

8.3       You specifically indemnify us against any and all breach of software license. We do not expressly or implicitly warrant that any software is fit for use or of a good quality.


9.      Security

9.1       We take reasonable steps to secure the content of our website and online services.

9.2       We have implemented appropriate and reasonable technical security measures and adopted security safeguards; however the nature of internet communications are inherently insecure.

9.3       Accordingly, we assume no responsibility for liability of any nature whatsoever, for the interception or loss of personal information, beyond our reasonable control.


10.    Disclaimer and Limits to Our Liability

10.1     Intervate is not liable in any manner whatsoever for any damage, loss, costs or expenses whether direct, indirect, consequential, incidental or punitive in nature that may arise where you are unable to access our website.

10.2     Your use of this website and/or online services is at your own risk.

10.3     You are solely responsible for any loss or damage that you may suffer from the use or availability of this website, or any of its contents, information or online services. 

10.4     We are not responsible for any loss or damages suffered that is related to your use of this website and/or our online services. Without limitation, this includes any direct, indirect, consequential, incidental or punitive damages in terms of a contract, a breach of duty of care in delict or in law, even where we are advised that a loss or damage may possibly occur.

10.5     Your use of our website and/or online services are dependent on aspects that are beyond our reasonable control, such as coverage and/or availability of services offered by your Mobile Network Operator or Internet Service Provider.

10.6     We are not liable for any loss arising from :

    1. Any issue or problem encountered over which we have no direct control
    2. Technical issues, such as an interruption in service and/or downtime and/or malfunction and/or any other failure that impacts our website and/or online services
    3. Any problem that may affect the services or products provided by a third party such as an Internet Service Provider or telecommunications operator, electricity supplier or local/municipal authority
    4. Any loss of or damage to PI or other information caused directly or indirectly by technical issues, power outages, unlawful and/or unauthorised acts, any harmful software programme or virus or through your own negligence.


11.    Changes to this Website

11.1    ​ The content of this website and online services are subject to change without prior notification

11.2     We may modify, suspend or discontinue this website, whether temporarily or permanently, without prior notification.

11.3     We may also impose limits or conditions on the right to access to and the use of certain services, features or functions. We may at our own discretion, restrict access to certain parts of or all of the services on this website.

11.4     By accessing this website you are bound to this version of the terms and conditions, as published at the time of your visit.


12.    Applicable law

12.1     This website is hosted, controlled and operated from South Africa and is governed by South African law. ​


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Copyright Intervate Solutions 2014