TERMS AND CONDITIONS OF USE OF THE GRAVITON IT SYSTEMS AND SOLUTIONS (PROPRIETARY) LIMITED WEBSITE

For purposes of these terms and conditions, "Graviton" shall mean Graviton IT Systems and Solutions (Proprietary) Limited.

1. Acceptance of terms and conditions 

Graviton provides the information contained on this website and any pages comprising the website ("website") to you subject to the terms and conditions of use set out herein ("terms and conditions"). By accessing, using and/or downloading any information from the website, you are deemed to have accepted and agreed to the terms and conditions.  If you do not accept and agree to the terms and conditions, do not access, use or download any information from the website.

2. Modification of terms and conditions 

Graviton may at any time modify the terms and conditions without notice to you and your continued access or use of the website will be subject to the terms and conditions in force at the time of such access or use.  Accordingly, you agree to review the terms and conditions periodically and your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions.

3. Content of the Website 

Whilst every effort is made to update the information contained on this website on a regular basis, Graviton makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website. Graviton reserves the right at any time to change the content or discontinue without notice, any aspect or feature of the website.  All opinions, research information, data or content contained on the website (and whether posted by Graviton or a third party) are offered solely for information purposes and should not be construed as advice.

4. Links to Other Web Sites 

External links may be provided for your convenience, but they are beyond the control of Graviton and no representation is made as to their content.  Use of or reliance on any external links is at your own risk.  No hypertext links may be created from any website controlled by you (whether directly or indirectly) to the website without the express prior written permission of Graviton.

5. Copyright and Intellectual Property Rights 

Copyright and all intellectual property rights in and to all materials, texts, drawings and data made available on the website (collectively "materials") are owned by Graviton, alternatively, Graviton is the lawful user thereof and same are protected by South African and international intellectual property laws.  Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.  The trademarks, names, logos and service marks (collectively "trademarks") displayed on the website are the registered and unregistered trademarks of Graviton.  Nothing contained on the website should be construed as granting any licence or right to use any trademark without the express prior written permission of Graviton.

6. Public Forums and User Submissions 

Graviton is not responsible for any material submitted to the public areas by you (which include bulletin boards, chat rooms, or any other public area found on the website).  Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Graviton.  Graviton reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, that there is a possibility that you may -

6.1   defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

6.2    publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

6.3    upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Graviton's and/or a third party's computer system and/or network;

6.4    violate any copyright, trademark, other applicable laws or intellectual property rights of Graviton or any other third party;

6.5    submit contents containing marketing or promotional material which is intended to solicit business.

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or which violates any applicable laws and you hereby indemnify Graviton against any loss, liability, damage or expense of whatever nature which Graviton or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website.

7. Privacy  Policy

Graviton is sensitive to the private nature of information you provide to it over the Internet and is committed to protecting your privacy. 

7.1   When you access and/or use the website, and at other times, Graviton may require you to provide it with personally identifiable information.  The personally identifiable information you provide may include your name, company, job title, address and e-mail address and facts about your business, profession and product preferences.  In addition, Graviton's web servers may automatically collect website usage information from you when you visit the website.  Website usage information informs Graviton about how visitors and subscribers use and navigate the websites, including the number and frequency of users to each web page, their IP address, and the length of their stays.

7.2   The personal information collected on the website will be used to operate the website and to provide the services or carry out the transactions you have requested.  In support of these uses, Graviton may combine the personally identifiable information you have provided to it on the website with other information about you that is available to it, including website usage information and information from other sources.  Graviton may use this information to enable it to process, validate and verify requests for products and services and for the purposes for which you specifically provided the information; to improve your experience on the website; to improve and develop new products, features and services; to alert you to new products and services and special offers; to provide marketing with aggregate information about the user base and usage patterns; to allow Graviton to personalise the advertising users see based on their personal characteristics or preferences, and for other purposes.

7.3   Personal information collected from you may be stored and processed in South Africa, or any other country in which Graviton operates or maintains facilities, in order to help Graviton to improve the content of the website, provide you with the products or services requested, and to help service providers to perform services on its behalf. By using the website, you consent to any such transfer of information outside of your country.

7.4   Graviton may disclose any information about you to law enforcement agencies, government officials or other authorities, as Graviton, in its sole discretion, believes necessary or appropriate in the circumstances.

7.5   Like most websites, Graviton automatically collects information and data through the use of "cookies".  A "Cookie" is a small text file that is placed on your hard disk by a web page server which enables a website to recognise repeat users, facilitate the user's ongoing access to and use of the website and allows a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising.  A cookie will not provide Graviton with personal information, therefore, if you have not supplied Graviton with any personal information, you can still browse the website anonymously.  You have the ability to accept or decline cookies.  Most web browsers automatically accept cookies, however you can modify your browser setting to decline cookies if you prefer.  If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other websites which you visit.

7.6   The personally identifiable information we collect about you is stored in limited access servers. Graviton maintains safeguards to protect the security, integrity, and privacy of these servers and your personally identifiable information.

7.7   If you are connected to the internet you will have an IP Address, which may take the form of a figure, such as 222.444.13.1. The address will be automatically collected and logged as part of the connection of your computer to Graviton's web server and may be used to determine the total number of visits to each part of the website. If there is a security breach the relevant IP Address will be identified by the Internet Service Provider and the user may be contacted.

7.8   Should you make use of the external links which may be provided for your convenience, you should be aware that those websites are not subject to this Privacy Policy. Graviton recommends that you review the privacy policy at each such website to determine how that website protects your privacy. 

7.9   Graviton may amend this Privacy Policy from time to time, and will post such amendments herein, so that you are familiar with the Privacy Policy adopted by Graviton.  Notwithstanding the right to amend the Privacy Policy as aforesaid, Graviton will not use your personal information in a manner materially different from this Privacy Policy without your prior consent.

8. Warranties and Disclaimers 

Graviton makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.  Graviton shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct , indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and/or use of the website and any information contained on the website and you waive any and all claims which you may have against Graviton in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or your dependants as a result of or which may be attributable directly or indirectly to the aforesaid.  These limitations of liability shall apply regardless of the form of action, whether in contract, depict, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, Graviton shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance on the website or any information offered on or via the website.

9. General  

9.1   These terms and conditions constitute the sole record of the agreement between you and Graviton in relation to the subject matter hereof.  Neither you nor Graviton shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein.  These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Graviton in respect of the subject matter hereof.  No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon Graviton unless agreed to by Graviton.  No indulgence or extension of time which Graviton may grant to you will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Graviton in terms hereof, save in the event or to the extent that Graviton has signed a written document expressly waiving or limiting such rights.

9.2   Graviton shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party without notice to you.

9.3   Should Graviton be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Graviton is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent.  In the event that force majeure continues for more than 30 (thirty days) after it has first occurred then Graviton shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms of use and/or any service by giving notice to you.  An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of the affected party including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

9.4   All provisions of these terms and conditions are, notwithstanding the manner in which they have been linked grammatically, severable from each other.  Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these terms and conditions shall remain of full force and effect.

9.5    These terms and conditions shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflict of law.  You hereby consent to exclusive jurisdiction of the South African courts in respect of any disputes arising in connection with these terms and conditions or any matter related to or in connection therewith.

 

These terms and conditions were last updated on 02, February, 2011

Copyright © 2006 Graviton IT Systems and Solutions (Proprietary) Limited

All Rights Reserved