Terms and Conditions

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Globetom Website Terms and Conditions

Preamble

The use of the Globetom web site is subject to these terms and conditions. The terms and conditions apply to www.globetom.com and any other transactional portals that Globetom may launch and operate from time to time under the domain <portal>.globetom.com where <portal> provides a public cloud service portal in one of the Globetom market solution areas.

For ease of reference, the breakdown of the applicable Terms and Conditions (click on any of the following headings to be transferred to the specific clause):

Table of Contents (Click on the links to browse to the relevant section)

1. Definition

2. About Us

3. License and Conditions

4. Intellectual Property

5. Further Disclosures

6. Privacy and protection of personal information

7. Security

8. Limitation of Liability

9. Agreement and eCommunications

10. Refund/Cancellation Policy

11. Termination

12. Breach

13. General

14. Law and Jurisdiction

1 Definitions

1.1“the globetom website” means this website and all its pages and content, owned and operated by Globetom and located at www.globetom.com;

1.2“Globetom” means Globetom Holdings (Pty) Ltd;

1.3“Content” means, but not limited to text, graphics, icons, links and other similar material on the website;

1.4“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;

1.5 Intellectual Property” means copyright (including but not limited to literary-, artistic-, musical- work, photograph, sound recording, computer programs, artistic works), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets;

2 About Us

2.1 Globetom Innovation (Pty) Ltd

Registration Number: 2005/043241/07

Incorporation: A privately held company incorporated in terms of the company laws of the Republic of South Africa

Directors: Philip Stander and Marne Meades

Physical Address:Click here

Contact Details:Click here

Subject Business: International Information and Communications Technology Investment Holding

Shareholding: Privately held investment

2.2 Globetom Holdings (Pty) Ltd

Registration Number: 2006/025630/07

Incorporation: A privately held company incorporated in terms of the company laws of the Republic of South Africa

Directors: Philip Stander and Marne Meades

Physical Address:Click here

Contact Details:Click here

Subject Business: Information and Communications Technology Investment Holding

Shareholding: Privately held investment

2.3 Globetom Trading (Pty) Ltd

Registration Number: 2002/008988/07

Incorporation: A privately held company incorporated in terms of the company laws of the Republic of South Africa

Directors: Philip Stander  (Managing), Marne Meades (Executive), Jacques Karsten, Henning Viljoen, Pieter Janse van Rensburg, Carl Thobane

Physical Address:Click here

Contact Details:Click here

Subject Business: South African ICT sector trading entity

Shareholding: Globetom Trading is a wholly owned subsidiary of Globetom Holdings as a South African ICT sector trading entity.

3 License and License Conditions

3.1 Globetom and its subsidiaries (where subsidiary Content is available on the Globetom website) hereby grant the User a non-exclusive, non-transferable license, subject to the conditions below, to:

3.1.1 View / browse the Globetom website;

3.1.2 Use content for personal and non-commercial purposes only;

3.1.3 Copy, download and print the content of the globetom website for purposes of   executing – or with the intention to execute a transaction between the User and globetom or any of its agents

3.1.4 Use the software made available on the globetom website only for purposes of obtaining content from the globetom website;

3.2License conditions:

3.2.1 Other than as agreed to above, the User may not use, copy, adapt, redistribute or modify the content or any part thereof or frame, “mirror”, data-mine or cache the globetom website or reverse engineer, copy, modify, download, distribute, decompile or create a derivative work of the software available or Content, or any part thereof without prior written permission from globetom. For any re-use or distribution of the Content, you must make clear to others the terms and conditions applicable to the Content available from the globetom website;

3.2.2 User may not sublicense any of the content available from the globetom website. User must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;

3.2.3 User may not assign, transfer or sublicense the rights pursuant to this Agreement;

3.2.4 User agrees to supervise all usage by minors (younger than 18 years of age) of this website under User’s name or account;

3.2.5 In all of the aforesaid licensed rights, globetom must be acknowledged as the source of the material and the globetom contact details must be reflected accordingly;

3.2.6 User may not use the globetom website’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that are obscene, defamation, racist or offensive of nature or may result in the infringement of intellectual property;

3.2.7 The User’s fair use and other rights are in no way affected by the above;

3.3Hyperlinks to and from globetom website

3.3.1 This globetom web site may contain links to other websites operated by third parties. Globetom does not endorse, or approve of the operators and / or owners of third party web sites, or operate or control in any respect any of the information, graphics and material on those third party web sites or guarantee that the website will be operation at all times;

3.3.2 Links to third party websites are included solely for the convenience of Users.  The User therefore assumes sole responsibility for the use of a third party website;

3.3.3 globetom makes no warranties or representations:

3.3.3.1 regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party web site content or products or services available through third party web sites; or

3.3.3.2 that third party web site content does not infringe the intellectual property rights of any person.  Globetom is not authorising or endorsing or otherwise condoning the reproduction of third party web site content by linking to it.

3.3.4 Globetom expressly disclaims acting in any respect on behalf of third party web site operators and / or owners. Please note that third party sites may be subject to their own terms of use and privacy policies different from those of this site;

3.3.5 Hyperlinks to the globetom Web Site will be allowed, subject to the following conditions:

3.3.5.1 Submit request to hyperlink to globetom, reflecting the details of your organisation and particular web site that will host the hyperlink to globetom web site;

3.3.5.2 On acceptance of your request you will receive a Linking Agreement to be signed and submitted to globetom.  On receipt of this agreement we will forward you the necessary hyperlinks, logo(s), slogans etc.;

3.3.5.3 The Linking Agreement will stipulate the following terms and conditions:

3.3.5.3.1 The User will be authorised to link to, but not replicate, content contained in the globetom’s web site;

3.3.5.3.2 The User may not present misleading or false information about globetom’s – or any of its subsidiaries’ services or products;

3.3.5.3.3 The User may not imply that globetom or any of its subsidiaries are endorsing or sponsoring the User’s web site, or any services or products available from the web site containing the hyperlink;

3.3.5.3.4 The User may not use globetom’s or any of its subsidiaries logos or trademarks without prior written permission from globetom;

3.3.5.3.5 The User’s web site may not contain content that could be obscene, libellous, defamatory, pornographic of nature or inappropriate for all ages or contain materials that would violate any law;

3.3.5.3.6 Must agree that the link may be removed at any time upon globetom’s or any of its subsidiaries request pursuant to globetom’s reserved rights to rescind its consent to allow the link.

3.3.5.4 Authorisation to link to the globetom web site shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form between the User and globetom or any of its subsidiaries nor authorise the User to incur any liability on behalf of globetom or any of its subsidiaries;

4 Intellectual Property Rights

4.1 The Intellectual Property available on the globetom website or obtained via the interaction between itself and the Users are the property of – or license to globetom and / or its subsidiaries and may not be utilized outside the licensed terms as set out under these terms and conditions;

4.2 E-mail addresses, names, telephone numbers and fax numbers published on the globetom website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from globetom to utilise same.

4.3 Globetom would be pleased to consider requests for permission to disseminate or use globetom content outside the scope of the license terms set out under above, provided that our written approval is obtained in advance. To obtain approval please contact us at: +27 (0) 12 003 0200 or info@globetom.co.za.

5 Additional Information to the User as Consumer

Further disclosure requirements to the User as consumer:

5.1 Prices of products and services:

5.1.1 No prices for services or products are quoted on the website, however for more information on pricing the User can go to Contact Us;

5.1.2 Access to the globetom website is free

5.2Platforms/Solutions

5.2.1 The main purpose of the Globetom website is to introduce the User to the Solutions and Platforms available from Globetom;

5.2.2 Platforms and Solutions available: click on ‘Platforms’ and  ‘Solutions’ to view same;Solutions‘ to view same;

5.2.3 The terms and conditions applicable to each service and / or product presented on the globetom website are available on request;

6 Privacy and Protection of Personal Information

6.1 We value your personal information and intend to give you as much control as possible over your personal information;

6.2 The purpose of this statement is to set out how we use Personal information that we may obtain about you. By either registering as a User of any services provided by globetom on the globetom website and by using the globetom website generally you agree to the following use:-

6.3Use of your Personal Information

6.3.1 When the User registers on the globetom website, utilises  the services or uses/ browses the globetom website globetom may collect, store and use the User’s personal information or any other additional information for purposes as set out below, not limited to just online orders and technical support;

6.3.2 Globetom may use personal information or any other requested information that the User provides or that is obtained by globetom:

6.3.2.1 To submit information about globetom services / products to the User;

6.3.2.2 To fulfil globetom’s agreement with User;

6.3.2.3 To register User with globetom website and to administer globetom website services;

6.3.2.4 To identify User when accessing and utilising the globetom website;

6.3.2.5 To ensure that User’s requested services are delivered;

6.3.2.6 for assessment and analysis of non-personal statistical information to enable us to review, develop and improve the services which we offer that will enable globetom to communicate with User and other customers such relevant information;

6.3.3 Globetom retains all rights to non-personal information collected and compiled by globetom.

6.4Disclosure of User Information

6.4.1 Globetom may give information about the User to the following, who may use it for the same purposes as set out above, excluding direct communications with the User as set out under clause for assessment and analysis of non-personal statistical information to enable is to review, develop and improve the services which we offer that will enable us to communicated with Users and other customers such relevant information:

6.4.1.1 to employees and agents of globetom to administer the globetom website and communications to you by globetom;

6.4.1.2 agents or globetom franchisees who (on our behalf) profile the User’s data so that globetom may tailor the goods/services we offer to the User’s specific needs;

6.4.1.3 to anyone to whom globetom transfers or may transfer its rights and duties under our agreement with the User;

6.4.1.4 if globetom have a duty to do so or if the law allows it to do so.

6.4.2 No log-in names or passwords will be disclosed to any third party, except those third parties responsible for the execution of the globetom website log-in facility;

6.4.3 The user has a right to see its personal information that we keep about the User, either via the globetom registered User account access or upon receipt of a written request and payment of a fee (See Promotion of Access to Information Act 2 of 2000).  If the User is concerned that any of the information we hold on him/her is incorrect please contact globetom immediately.

6.5Cookies

6.5.1 Cookies may be used by us to understand the Users of our website better. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our website. Depending on the type of cookie we use, cookies also allow us to make our website more user friendly, for example, permanent cookies allow us to save the User’s password so that the User does not have to re-enter it every time the User visits our website;

6.5.2 The User can usually adjust its browser so that the User’s computer does not accept cookies. If the User does this, the User will still be able to browse around the site but the functions that allow the User to access an existing account or page that requires a username or password, will not be available;

6.5.3 Alternatively the User can adjust its browser to tell the User when a website tries to put a cookie on the User’s computer. How the User adjust its browser to stop it accepting cookies or to notify the User of them, will depend on the type of internet browser programme the User’s computer uses;

6.5.4 Please remember, cookies do not contain confidential information such as the Users’ home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers;

6.5.5 The User’s browser also generates other information, including which language the site is displayed in, and your Internet Protocol address (“IP address”). An IP address is a set of numbers which is assigned to the User’s computer during a browsing session whenever the User log on to the Internet via the User’s internet service provider or the User’s network (if you access the Internet from, for example, a computer at work). The User’s IP address is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use the User’s IP address to identify the User personally;

6.5.6 We only keep cookies for the duration of the User’s visit to our website, except where the User save his/her login name as referred to above.

6.6Security

6.6.1 We endeavour to take all reasonable steps to protect the User’s personal information. However, we cannot guarantee the security of any data the User disclose on-line. The User accepts the inherent security risks of providing information and dealing on-line over the Internet and will not hold globetom, its directors, employees or agents responsible for any breach of security unless this is due to our gross negligence or wilful misconduct;

6.6.2 Please take note that globetom may send User emails from time to time but we would never send an email asking for the User’s log on details or bank details, or direct User to a web page that asks for this information.

6.7General

6.7.1 Please be aware that our site may link to other websites which may be accessed through the globetom website. We are not responsible for the data protection – or privacy policies or procedures or the content of these linked websites;

6.7.2 Contact Us
If the User has any comments or queries in connection with the above privacy statement, please contact globetom at info@globetom.co.za or write to globetom at PO Box 67536, Highveld, 0169.

7 Security

7.1 Although globetom is not obliged to provide security on the globetom website we feel it is important that Users information or any communication between Users and globetom is dealt with in the most secure manner reasonable possible, however because of the nature of the internet globetom cannot warrantee that the User’s communications with globetom via the website is completely secure;

7.2 To provide adequate security to all Users of the website and to monitor activities prohibited under section 86 of the ECT Act the User hereby agrees to globetom right to intercept, monitor, block, read, delete or accesses all data sent to the website or any other globetom communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;

7.3 It is our policy to virus check documents and files before they are posted on this website. However, globetom cannot guarantee that documents or files downloaded from this website will be free from viruses and globetom does not accept any responsibility for any damage or loss caused by any virus. Accordingly, for the User’s own protection, the User must use virus-checking software when using this website. Further, the User shall not post or provide to globetom via this website, any document or file that may contain a virus. The User must virus checks any document or file which the User intends to post or provide to us via this website.  The User hereby indemnify globetom, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this website or the globetom or its service provider’s infrastructure;

8 Limitation of Liability

8.1 The globetom website and all materials found on the website are intended for information purposes and provided “as is” without any warranty, representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, software or services;

8.2 Globetom further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the globetom website. globetom may make changes / amendments to the globetom website, the policies, information described in the materials or content of these Terms and Conditions, at any time without notice.  Globetom reserve the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website.  Globetom makes no commitment to update the materials and may discontinue any part of the globetom website or services or certain software or version of certain software for the utilisation of the globetom website;

8.3 Globetom and its service providers will not be liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or data, any delays,  whether in an action in contract or delict, arising out of the use or inability to use the globetom website or performance of the globetom website or non-performance of the globetom website, i.e. globetom website not available as a result of 3rd party service providers, maintenance, enhancements, events outside the control of globetom or force majeure events, even if globetom have been advised of the possibility of such damages;

9 Agreement and eCommunications

9.1Formation and validity of this globetom website agreement

The User agrees that:

9.1.1 the User is at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein;

9.1.2 all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) of the ECT Act);

9.2Time and Place of communication, dispatch and receipt

9.2.1Data Messages (as per the ECT Act) sent from globetom to the User have been sent from globetom’s place of business;

9.2.2 Data Messages sent from globetom to the User is deemed to be received by the User when complete message are outside the control of globetom (left the system of Globetom);

9.2.3 Data Messages from the User to globetom are deemed to be received by globetom only when globetom respond thereto.  Such acknowledgement further does not give legal effect to that message, unless specifically indicated by globetom that it does give legal effect to the Message;

9.3Expression of intent

9.3.1 The User acknowledges that all agreements, authorization or request under this agreement satisfies the “writing” requirement as per section 12 of the ECT Act;

9.3.2 For purposes of Electronic Communications between User and globetom no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates the User’s intent to be a party to this agreement;

9.4Attribution of data messages to originator

9.4.1 The User agrees and warrants that the data message sent, from any Computer or device that is owned by the User or the User’s employer or programmed by the User or on the User’s behalf, to globetom was sent by the User or a person that had authority to act on the User’s behalf in respect of the data message.

10 Refund / Cancellation Policy

10.1 There are no deliverables in terms of services or products available from the globetom website, except the information as requested by the User by browsing the globetom website.  Therefore, section 44 of the ECT Act does not apply (no-cooling off period).

11 Termination

These Terms and Conditions and the User’s access to the website may be terminated at any time by globetom without notice. All restrictions, disclaimers and limitations of liability by globetom will survive termination, however, the User will no longer be authorised to access the website.

12 Breach

12.1 If the User is in breach of the terms and conditions of this website, globetom reserves the right to, without prejudice to any rights which it may have in terms  hereof or at law, to:

12.1.1 order for specific performance and damages; or

12.1.2 terminate this Agreement and claim damages; or

12.1.3 Institute criminal procedures where applicable and necessary;

12.2 All costs, charges and expenses of whatsoever nature which may be incurred by globetom in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.

13 General and Miscellaneous

13.1Sole record of agreement

These Terms and Conditions constitutes the sole record of the agreement between the User and globetom with regard to the subject matter hereof.  No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

13.2No amendments except in writing

13.2.1 Except for globetom’s rights as per clause 8.2 above, no addition to, variation of, or agreed cancellation of, this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the User and globetom; and

13.2.2 No data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by User to globetom shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties;

13.3Waivers

No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

13.4Survival of obligations

Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.

13.5Severability

If any one or more of the clauses of these terms and conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions is to be performed, including this clause :

13.5.1 That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;

13.5.2 The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these terms and conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.

14 Applicable and Governing Law

This Agreement and any matters arising there from or incidental thereto shall be governed by and dealt with in accordance with the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the Magistrates Court of Pretoria.

We recommend you print out a copy of these terms and conditions for your future reference or alternatively download the PDF version of these terms and conditions by using the download linke provided below.

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