Skypiom (Pty) Ltd (the “Company”) website terms of service these terms of service (“terms”) are effective as of: 1 July 2021 “effective date”. Read these terms carefully before browsing this website. Your continued use of the website whether as a user (“a user”, “you”, “your” or “yourself”) indicates that you have both read and accept these terms. These terms shall operate in addition to any other more specific terms that might apply to a user. If there exists a conflict between these terms and the more specific terms applicable to a user, the more specific terms shall prevail to the extent of such inconsistency.
1.1. These terms and conditions will apply in respect to your use of the website https://www.skypiom.com (the “Website”).
1.2. The current version of these terms will govern both the Company’s and your rights and obligations each time you access the Website.
1.3. By using this Website, you agree to accept the terms contained herein.
1.4. You cannot use this Website if you do not accept these terms. All sections of these terms are applicable to you unless the section expressly states otherwise.
1.5. By accessing the Website, you warrant that your use of the Website is for lawful purposes, you are over 18 years of age, and you can legally conclude an agreement with the Company.
1.6. Should you not agree to the terms contained herein, you must immediately desist from using this Website.
2. Intellectual Property Rights
2.1. For purposes of these terms, Intellectual Property Rights means all intellectual property rights including, patents, designs, copyright, trademarks, trade secrets and know-how, applications and registrations, renewals, and extensions.
2.2. The Company and/or the Company’s licensors own all the Intellectual Property Rights and materials as are contained on this Website.
2.3. You are granted a limited license only for purposes of utilising this Website and you agree that you will not –
2.3.1. Modify, port, translate, localise, or create derivative works of the Company’s content.
2.3.2. Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any Company content.
2.3.3. Disclose any of the Company content.
2.3.4. Sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the Company’s content.
2.3.5. Knowingly take any action that would cause any of the Company content to be placed in the public domain.
3. Restrictions and Personal Information
3.1. We do not disclose your Personal Information to any outside party.
3.2. By using the Website and providing your Personal Information as defined in the Protection of Personal Information Act, (Act 4 of 2013), you consent to your Personal Information being processed as defined in the legislation.
4. Links to other Websites
4.1. External links may be provided for your convenience; however, the Company makes no representations whatsoever about any third-party website or its content.
4.2. Use of any external links provided is entirely at your own risk. It is your responsibility to ensure that you obtain all relevant information and that you read the privacy and security policy displayed on any third-party Website.
4.3. The Company has no control over such third-party websites and will not be liable for any loss or damage that you may suffer, because of your use of third-party websites.
5. No Warranties
5.1. This Website is provided “as is” with all faults, and the Company expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website.
5.2. The Company cannot guarantee or warrant that any file downloaded from this Website or delivered to you will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.
6. Limitation of Legal Liability and Indemnification
6.1. In no event shall the Company, or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether or not such liability is under contract, delict or otherwise.
6.2. You indemnify the Company, or any of its officers, directors and employees (“Indemnified Parties”) and agree to keep the Indemnified Parties indemnified, from and against any claim, loss, damage, cost or expense that they or any third-party may suffer or incur as a result of or in connection with your improper use of or conduct in connection with this Website, including any breach by yourself of these terms or any applicable law or licensing requirements.
6.3. In addition to the warranties and indemnities set out above, you hereby agree to hold harmless the Indemnified Parties from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from –
6.3.1. Your violation of any provision of these terms;
6.3.2. Your violation of any third party right including any Intellectual Property Right, or other property or privacy right.
6.3.3. Any claim that your content has caused damage to a third-party.
6.4. To the extent that the Company’s liability cannot be excluded by law, the Company’s maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to the minimum amount imposed by such law.
6.5. Notwithstanding anything to the contrary in these Terms, in no circumstances will the Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of this Website of any type, whether in delict, contract or otherwise.
7.1. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
8. Variation of Terms
8.1. To the extent permitted by law, the Company is permitted to revise these Terms at any time as it sees fit, without prior notice to yourself, and any revisions to the Terms will take effect when posted on this Website, unless a later date is stated in the revised Terms.
8.2. Your continued use of this Website will be construed as your consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use.
8.3. Your only remedy, should you not agree to these amended Terms, is to stop the use of this Website.
9. Legal Assignment
9.1. The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However you are not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.
10. Entire Agreement
10.1. These Terms constitute the entire agreement between the Company and yourself in relation to your use of this Website (unless a more specific agreement has been entered into in this regard).
11. Governing Law & Jurisdiction
11.1. These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
12. Domicilium Citandi Et Executandi and Contact Information
12.1. A User and the Company choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following –
12.1.1. The Company: W17, Watershed, 17 Dock Road, V&A Waterfront, Cape Town 8002, South Africa. firstname.lastname@example.org.
12.1.2. User: The address as provided when registering on this Website, or if no registration is applicable on the Website, as nominated by the User.
12.2. Both a User and the Company may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
12.3. All notices to be given in terms of these Terms will –
12.3.1. be given in writing;
12.3.2. be delivered or sent by email; and
12.3.3. be presumed to have been received on the date of delivery.
12.4. Notwithstanding the above, any notice actually received by the other will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
1.1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. We also subscribe to the principles for electronically collecting Personal Information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
1.3. In utilising our website, using our services or otherwise if your information is submitted to us through a lead generation service, you may be asked to provide information, including (“Personal Information”) –
1.3.1. First Name
1.3.4. Phone Number
1.3.5. Company Name
Your Personal Information may change. Please notify us within seven days of the change and provide us with the updated information so that we can update your Personal Information.
1.6. We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
1.7.1. Registration for our service, processing a user request, contacting you if more information is required, verifying the accuracy of our records or contacting you regarding customer satisfaction surveys;
1.7.2. Responding to any queries or requests you may have;
1.7.3. We may contact you with information about our current or new products or services or other products offered by us (unless you opt out from receiving marketing material from us);
1.7.4. In order to improve our services and service selections and user experience on our website, for example by monitoring browsing habits; and
1.7.5. Collect certain technical information, including the operating system and browser version, cookies and links and is set out in more detail in clauses 4, 5 and 6.
1.8. Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
1.9. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
1.10. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.
1.11. By using our website, you consent to the possible transfer of information to a country outside of your country of residence, which may have data protection rules that differ from that applicable to your country.
1.13. The Personal Information we collect from you shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
1.14. We may disclose personally identifying information to law enforcement, government officials, fraud detection agencies, or other third parties where we in good faith believe that the sharing of Personal Information is necessary for the prevention of physical harm or financial loss, the reporting of suspected illegal activity, or to investigate violations of the Privacy Statement;
1.15. Your Personal Information may be used or disclosed if we are required to do so by law, subpoena, court order or legal process, or to protect and defend our rights and property.
1.16. We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the website. You shall be solely responsible for the contents of all material published by yourself.
1.18. We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof and you will have the right to opt out at any time.
1.19. Children and Privacy: the website does not offer information intended to attract children. We do not knowingly solicit Personal Information from children under the age of 18.
2. Your Rights
2.1. You have the right to –
2.1.1. access your Personal Information stored and processed by us. This may be done by emailing us at the address referred to below;
2.1.2. rectification of Personal Information that we hold on your behalf, in instances where such Personal Information is incorrect or incomplete;
2.1.3. erasure of Personal Information (“right to be forgotten”) if such information is no longer needed for the original processing purpose, alternatively you withdraw consent and there is no other reason or justification to retain such Personal Information, further alternatively, if you have objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;
2.1.4. restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;
2.1.6. withdraw your consent at any time, if processing of Personal Information is based on consent;
2.1.7. object to processing of Personal Information, if such processing is based on legitimate interests; and
2.1.8. object to the processing of Personal Information for direct marketing purposes.
2.2. In the event that we become aware of unauthorised use, disclosure, or processing of the User’s Personal Information, we will notify you as per our legal obligations.
3. Disclosure of Personal Information
3.1. We do not disclose your Personal Information except as set out in this Policy.
4. Log Files, Website-Related Technical Information and Information Processing
4.1. We have integrated various tools from different companies into our website, which allow us to evaluate your behaviour or to establish links with other websites. When you visit the website we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
4.1.1. Google Analytics is a web analytics service. Web analysis is the gathering, collection and analysis of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data on which website a data subject has come to a website from (so-called referrers), which subpages of the website were accessed or how often and for which period of time a subpage was viewed. A web analysis is mainly used to optimise a website and for the cost-benefit analysis of Internet advertising.
22.214.171.124. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
126.96.36.199. The following link provides a further explanation of Google Analytics https://marketingplatform.google.com/about/. Our website also uses Google Analytics performance reports relating to demographics and interests and reports on Google Display Network impressions. You can disable Google Analytics for display advertising and customise the ads on the Google Display Network by visiting the ad settings at this link: https://www.google.com/ads/preferences?continue=aHR0cHM6Ly9hZHNzZXR0aW5ncy5nb29nbGUuY29tL2Fub255bW91cw%3D%3D.
4.1.3. Please note that using this website requires the use of the above integrations and technology and that your use of this website is taken as consent to the processing of your Personal Information in this regard.
5.1.1. “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the website to function optimally, but are not used in any way to identify you personally.
5.1.2. “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.
5.1.3. Please note that using the website requires the use of the above cookies and technology and that your use of our website is taken as consent to the processing of your Personal Information in this regard.
6. Links from the website
6.1. The services available through the website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.
6.2. Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.
6.3. We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
6.4. You should evaluate the security and trustworthiness of any Third Party Website before disclosing any Personal Information to them.
6.5. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of your Personal Information, as we cannot regulate or control how the third party uses your Personal Information.
7. Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)
7.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.
7.2. Data Messages sent by us to you will be deemed to have been received by yourself in terms of the provisions specified in section 23(b) of the ECT Act.
7.3. You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and yourself.
7.4. Information to be provided in terms of section 43(1) of the ECT Act:
7.5. You warrant that Data Messages sent to us from any electronic device, used by yourself, from time to time or owned by yourself, were sent and or authorised by yourself, personally.
7.6. This website is owned and operated by Skypiom (Pty) Ltd.
7.7. Address for service of legal documents: W17, Watershed, 17 Dock Road, V&A Waterfront, Cape Town 8002, South Africa.
7.8. Contact Number: +27 21 012 5600.
7.9. Website URL: https://www.skypiom.com
7.10. Email address: email@example.com
8. Lodging of Complaints
9. Changes to the Policy