Terms and Conditions
1. Introduction
IOTEC GROUP (PTY) LTD, hereafter referred to as IOTEC, is a business in the technology industry that creates and resells technology products and services.
2. Definitions
“User” means any individual/s or entity that registers on this website, purchases, or subscribes to Cloud Services and/or Non-Cloud-Services through IOTEC’s Webstore. Furthermore “You” and “Your” in these Terms refers to: (i) Your Subscribing Organization, (ii) You, an individual user, and (iii) and other Subscribing Organization personnel accessing and using the IOTEC Webstore on the Subscribing Organization’s behalf.
“Services” mean (i) Cloud Services, being any Software as a Service (SaaS), Platform as a Service (PaaS), Infrastructure as a Service (IaaS) and/or Internal Applications exposed as a service that may be purchased or subscribed to on IOTEC’s Webstore; (ii) Non-Cloud Services, being any offering of this Webstore that may be purchased or subscribed to that is not a Cloud Service (E.g. Consulting, Technical Support, Software downloads, etc); (iii) Additional Services, being any consultancy, implementation or migration services, which are required or are on offer from IOTEC to the User in connection with its provision of the Cloud and Non-Cloud Services.
“Terms” shall mean this User agreement and all terms and conditions contained herein as may be amended from time to time.
“IOTEC” refers to IOTEC GROUP (PTY) LTD trading as IOTEC, with registration number 2009/09677/07 registered in the Republic of South Africa.
“IOTEC Webstore” means the electronic online platform which enables Cloud Services and Non-Cloud Services to be sold, provisioned, and managed.
“Services Consumption” means the authorised use of the Cloud Services and Non-Cloud Services in the regular course of a User’s business or for personal use, and not for resale or sublicensing by such User. This use is further governed by the Terms herein.
“Fees” means the fees payable by the User to IOTEC for any Cloud Services and/or Non-Cloud services and/or Additional Services that are consumed by the User.
“Third Party Service Provider” means (i) Cloud Service Provider: A Vendor Company that creates, develops and operates an Infrastructure (IaaS), Platform (PaaS) or Software (SaaS); (ii) Non-Cloud Service Provider: A Vendor Company that creates, delivers and operates a Non-Cloud Service.
3. Registration and Capacity
You hereby represent that You are at least 18 years of age and have not been previously suspended or removed from the IOTEC Webstore. If You are engaging with the IOTEC Webstore on behalf of a company, entity, or organization (collectively, a “Subscribing Organization”) then You represent and warrant that You are an authorized representative of that Subscribing Organization with the authority to bind such Subscribing Organization to these Terms, and that You agree to these Terms on behalf of such Subscribing Organization.
Only registered Users can transact on IOTEC’s Webstore. When You set up an account on the Webstore, You will be issued a password. You are solely responsible for maintaining the confidentiality of Your accounts and passwords, and for restricting access to them, and You agree to accept responsibility for all activities that occur under Your accounts or passwords. Information You provide during registration and at all other times must be true, accurate, current, and complete. You also agree to keep this information accurate and up to date at all times. If You have reason to believe that Your account has been compromised, then You agree to immediately notify IOTEC.
4. Use of Webstore
Subject to Your ongoing compliance with these Terms, IOTEC hereby authorizes You to use the Webstore in the regular course of Your business or for personal use, and not for resale, distribution, leasing, rental, loaning, sales, sublicensing, distribution or otherwise transfer of the licenses by You. Such use cannot be transferred to an unauthorised third party.
You acknowledge and agree that IOTEC has offered you the use of the Webstore, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and IOTEC, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the terms and conditions between you and IOTEC. IOTEC would not be able to provide the Webstore to you on an economically reasonable basis without these limitations.
The Services offered on the IOTEC Webstore are made available by Third Party Service Providers that are not affiliated with IOTEC and, as such, You agree that IOTEC is not responsible for such Services. IOTEC will have no direct or indirect responsibility for or in relation to the performance or delivery, in any manner whatsoever, of the Services. Your purchase of, access to, performance of and use of the Services are regulated directly between You and the applicable Third Party Service Provider, and is subject to that Third Party Service Provider’s terms of use, which You will have the opportunity to review and accept before processing Your transaction.
5. Delivery Policy
Subject to availability and receipt of payment, requests will be processed within 3 Business Days and delivery confirmed by way of Service confirmation on the IOTEC Webstore.
6. Refund Policy and Risk of Loss
All Fees relating to Your Services Consumption and/or Additional Services consumption are final and non-refundable. The applicable Third Party Service Provider may have its own policies regarding refunds which are available to You, as set forth in the applicable Third Party Service Provider’s terms. If you have paid for access to Services that is later disabled, non-functioning, modified, or otherwise interfered with before the end of the period for which You purchased access, You may rely on the applicable Third Party Service Providers terms of use for any remedies available to Yourself.
7. Availability of Content
IOTEC may make changes to or discontinue any of the Services and/or Additional Services available through the Webstore at any time. In the event that the Services purchased by You is no longer accessible through IOTEC’s Webstore, You must contact the applicable Third Party Service Provider directly to ensure continuity of service during the remaining term of the applicable subscription. In the event that the Services are being discontinued by the Third Party Service Provider, You will only be liable for those Fees in direct relation to Your Services Consumption.
8. Ownership and Proprietary Rights
Your engagement with the IOTEC Webstore does not confer to You any right, title, and/or interest (of whatsoever nature and howsoever arising) worldwide, in any Intellectual Property Rights vesting in IOTEC. IOTEC expressly reserves all of its Intellectual Property Rights, and no licences are granted by implication, estoppel or otherwise to You except as expressly set forth in this Agreement.
9. Warranty
You expressly agree that the use of the IOTEC Webstore is at your sole risk. The IOTEC Webstore and any data, information, third party software, user submissions, services, reference sites, services, or services made available in conjunction with or through the Webstore are provided by IOTEC on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
You may, however, have additional warranty rights directly from the applicable Third Party Service Provider. To the fullest extent permissible pursuant to the applicable laws of the Republic of South Africa, IOTEC, and its affiliates, partners (including syndication partners), and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. IOTEC and its affiliates, partners (including syndication partners), and suppliers do not warrant that the data, user submissions, features, functions, or any other information offered on or through the IOTEC Webstore or any reference materials will be uninterrupted, accurate, useful, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing, if encountered, will be corrected.
IOTEC, its suppliers, licensors, affiliates, and partners do not warrant or make any representations about the Third Party Service Providers or the Third Party Service Provider’s services. Any warranty made regarding any Third Party Service Provider’s service is made directly by such Third Party Service Provider. Certain jurisdictions do not allow limitations on implied warranties. The exclusions of warranties contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the Republic of South Africa.
10. User Support
Support will be provided to a query raised by You either by contacting IOTEC telephonically or electronically (via email). Contact details can be found on the Webstore.
11. Customer Privacy Policy
IOTEC shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .
12. Transaction Processing and Fees
Transactions in respect of Your purchases, are processed directly and applicable fees are collected by IOTEC. Collection of Fees will occur through the applicable payment methodology between You and IOTEC. Recurring payments for periodic subscriptions are processed on the first day of each calendar month in respect of that month.
You are legally bound and obliged to pay IOTEC a Fee for all Services purchased by You for Services Consumption. In addition, You will be liable to IOTEC for a fee in relation to any Additional Services consumed by You. The Fees applicable for the Services and the Additional Services are subject to change. Furthermore, You acknowledge and agree that You are responsible for payment of all applicable sales, use, consumption, VAT, GST and other taxes and all applicable export and import fees, customs duties and similar charges arising from the payment of Fees under these Terms. You will make all payments to IOTEC without reduction for any withholding taxes, which taxes shall be Your sole responsibility.
13. Payment Options Accepted
Payment may be made via Visa, MasterCard or by bank transfer into the IOTEC bank account, the details of which will be provided on request.
14. Card Acquiring and Security
Card transactions will be acquired for IOTEC via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
15. User Details Separate from Card Details
User information will be stored by IOTEC separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
16. Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
17. Limitation of Liability
Under no circumstances, including, but not limited to, will IOTEC or its affiliates, contractors, employees, agents, or Third Party Service Providers, partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits) arising out of or relating to these terms or that result from your use or your inability to use and/or access the services, the IOTEC Webstore or any reference sites, or any other interactions with IOTEC, even if IOTEC and/or an IOTEC authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, IOTEC’s liability will be limited to the fullest extent permitted by laws of the Republic of South Africa.
18. Dispute Resolution
A dispute in the widest sense in connection with these Terms or which relates in any way to any matter affecting the interests of IOTEC and/or the User (“the Parties”), in regard to these Terms (“Dispute”), shall be deemed to have arisen when either Party notifies the other Parties in writing to that effect.
Should any Dispute (other than a Dispute in respect of which urgent or interim relief may be obtained from a court of competent jurisdiction) arise, the Parties shall first use reasonable endeavours to resolve such Dispute through good faith negotiations. This entails one of the Parties inviting the other in writing to meet, either in person or by means of telephone or video conferencing facilities, and to attempt to resolve the Dispute within 10 Business Days from date of written invitation. In the event that such negotiations do not result in a mutually acceptable resolution within 10 Business Days of the commencement thereof, the Dispute shall be handled in accordance with the below.
Any Dispute shall be referred to arbitration on notice by one Party to the other and be finally resolved in accordance with the rules of the Arbitration Foundation of the Republic of South Africa. Such arbitration shall be held in Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules.
Any arbitration award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction.
These provisions shall not prevent either Party from approaching any court or other judicial forum in any country having appropriate jurisdiction to obtain timely interim or other relief in cases of urgency.
The provisions of this clause shall constitute an irrevocable consent by the Parties to any proceedings in terms hereof and no Party shall be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by such provisions; and are severable from the rest of this Agreement and shall remain in effect despite the termination of or invalidity for any reason of this Agreement.
19. Country of Domicile
This website is governed by the laws of South Africa and IOTEC chooses it as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, shall be instituted in Johannesburg, Gauteng, South Africa.
20. Variation and Waiver
IOTEC reserves the right, at its sole discretion, to change, modify, add, amend, or remove portions of these Terms at any time by posting the amended Terms to the Webstore. IOTEC will use commercially reasonable efforts to notify You of the change, such as through the use of a pop-up window on the Webstore, or by sending an email to the address You provide upon registration. Your continued use of the IOTEC Webstore after the changes become effective constitutes Your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or Fees will automatically be effective upon the earlier of (a) Your use of the IOTEC Webstore with actual notice of the new terms, or (b) thirty (30) days after they are initially posted on the IOTEC Webstore; provided however, that any dispute that arises under this Agreement shall be resolved according to the version of the Terms that were in place at the time the dispute arose.
The failure of IOTEC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver or amendment of any of the provisions of these Terms will be effective only if reduced to writing and signed by IOTEC.
21. Company Information
This website is run by IOTEC GROUP (PTY) LTD (a private company based in South Africa trading as IOTEC and with registration number 2009/009677/07.
22. IOTEC Contact Details
Postal address:
PO Box 130039
Bryanston
2021
South Africa
Email:
info@iotec.co.za
Telephone:
071 686 2839