1. MANAGEMENT TOOL TERMS AND CONDITIONS OF USE
- 1.1 This document sets out the terms and conditions ("Terms") of BBBEE Connex (Proprietary) Limited t/a BEE Connex, Registration Number: 2017/537494/07, with its registered head office at OMSA House, corner Aimee and Rabie Streets, Fountainebleu, Randburg, Gauteng, ("BEE Connex") pertaining to the access and use of the information, products, services and functions provided on www.bee‑connex.co.za ("Website").
- 1.2 Should any person that accesses the Management Tool you ("you" or "user") disagree with any of the Terms, you must refrain from accessing the Management Tool and/or using our services.
- 1.3 BEE Connex reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Management Tool and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by BEE Connex from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
- 1.4 We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
- 1.5 If there is anything in these Terms that you do not understand then please contact us as soon as possible see clause 11 below for contact details. Please note that calls to us are charged at national rates and may be monitored and recorded for training, security and quality assurance purposes.
2. CONTENT OF THE MANAGEMENT TOOL
- 2.1 BEE Connex reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Management Tool and any information or content on the Management Tool.
- 2.2 BEE Connex reserves the right to change and amend the products, prices and rates quoted on this Management Tool from time to time without notice.
- 2.3 BEE Connex may use the services of third parties to provide information on the Management Tool. BEE Connex has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that BEE Connex and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
- 2.4 BEE Connex makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Management Tool, including without limitation:
- 2.4.1 BEE Connex does not warrant that the Management Tool or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. BEE Connex expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
- 2.4.2 Whilst BEE Connex has taken reasonable measures to ensure the integrity of the Management Tool and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Management Tool are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
- 2.4.3 BEE Connex disclaims any responsibility for the verification of any claims. Information published on this Management Tool may be done so in the format in which BEE Connex receives it and statements from external parties are accepted as fact.
3. USAGE RESTRICTIONS
- 3.1 The user hereby agrees that it shall not itself, nor through a third party:
- 3.1.1 Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Management Tool for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- 3.1.2 Decompile, disassemble or reverse engineer any portion of the Management Tool;
- 3.1.3 Write and/or develop any derivative of the Management Tool or any other software program based on the Management Tool;
- 3.1.4 Modify or enhance the Management Tool. In the event of a user effecting any modifications or enhancements to the Management Tool in breach of this clause, such modifications and enhancements shall become the property of BEE Connex;
- 3.1.5 Without BEE Connex's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Management Tool by persons other than the user;
- 3.1.6 Remove any identification, trademark, copyright or other notices from the Management Tool;
- 3.1.7 Not withstanding anything contained to the contrary in these Terms, use the Management Tool for any purpose other than personal, non-commercial and information purposes.
- 4.1 In order to ensure the security and reliable operation of the services to all BEE Connex's users, BEE Connex hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
- 4.2 You may not utilise the Management Tool in any manner which may compromise the security of BEE Connex's networks or tamper with the Management Tool in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should BEE Connex suffer any damage or loss, civil damages shall be claimed by BEE Connex against the user.
- 4.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically Sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by BEE Connex, its agents and/or partners.
5. INTELLECTUAL PROPERTY RIGHTS
- 5.1 For the purpose of this clause, the following words shall have the following meanings ascribed to them:
- 5.1.1 "Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by BEE Connex, now or in the future, including without limitation, BEE Connex's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
- 5.1.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Management Tool ("proprietary material"), are the property of, or are licensed to, BEE Connex and as such are protected from infringement by local and international legislation and treaties.
- 5.1.3 By submitting reviews, comments and/or any other content (other than your personal information) to BEE Connex for posting on the Website, you automatically grant BEE Connex a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
- 5.1.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Management Tool is granted to you.
- 5.1.5 Except with BEE Connex's express written permission, no proprietary material from this Management Tool may be copied or retransmitted.
- 5.1.6 Irrespective of the existence of copyright, the user acknowledges that BEE Connex is the proprietor of all material on the Management Tool (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
- 5.1.7 BEE Connex including its subsidiaries and affiliates authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
6. RISK, LIMITATION OF LIABILITY AND INDEMNITY
- 6.1 The user's use of this Management Tool and the information contained on the Management Tool is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
- 6.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall BEE Connex be liable for any loss, harm, or damage suffered by the user as a result thereof. BEE Connex reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should BEE Connex deem it necessary.
- 6.3 To the extent permissible by law:
- 6.3.1 Neither BEE Connex including its subsidiaries and affiliates, its affiliates, directors, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Management Tool or any functionality thereof, or the information contained on the website, or of any linked website, even if BEE Connex knows or should reasonably have known or is expressly advised thereof.
- 6.3.2 The liability of BEE Connex for faulty execution of the Management Tool as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Management Tool shall be limited to BEE Connex rectifying the malfunction, within a reasonable time and free of charge, provided that BEE Connex is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Management Tool without the prior written approval of BEE Connex. However in no event shall BEE Connex be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Management Tool or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
- 6.3.3 You hereby unconditionally and irrevocably indemnify BEE Connex and agree to hold BEE Connex free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by BEE Connex or instituted against BEE Connex as a direct or indirect result of:
- 126.96.36.199 Your use of the website;
- 188.8.131.52 Software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of BEE Connex;
- 184.108.40.206 Your failure to comply with any of the terms or any other requirements which BEE Connex may impose from time to time;
- 220.127.116.11 The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
- 18.104.22.168 Any unavailability of, or interruption in, the service which is beyond the control of BEE Connex including its subsidiaries and affiliates.
- 6.4 BEE Connex makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatsoever nature that you may have against BEE Connex for any loss suffered by you, as a result of information supplied by BEE Connex being incorrect, incomplete or inaccurate.
- 7.1 By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by BEE Connex. You shall notify BEE Connex, should you discover any loss or unauthorised disclosure of the information.
- 7.2 Any information or material sent to BEE Connex will be deemed not to be confidential, unless otherwise agreed in writing by the user and BEE Connex.
8. BREACH OR CANCELLATION BY BEE CONNEX
- 8.1 BEE Connex is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Management Tool and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to BEE Connex's right to claim damages, should any user:
- 8.1.1 Breach any of these Terms;
- 8.1.2 In the sole discretion of BEE Connex, use the Management Tool in an unauthorised manner; or
- 8.1.3 Infringe any statute, regulation, ordinance or law.
- 8.2 Breach of these Terms entitles BEE Connex to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to BEE Connex on an attorney and own client scale.
9. COMPLIANCE WITH SECTION 43(1) OF ECT ACT
- 9.1 In compliance with Section 43(1) of the ECT Act, the following is noted:
- 9.1.1 Full name: BBBEE Connex (Proprietary) Limited t/a BEE Connex
- 9.1.2 Registration number: 2017/537494/07
- 9.1.3 Physical address: OMSA House, corner Aimee and Rabie Streets, Fountainebleu, Randburg, Gauteng.
- 9.1.4 Telephone number: (011) 791-1602
- 9.1.5 Management Tool address: www.bee-connex.co.za
- 9.1.6 E-mail address: email@example.com
- 9.1.7 Names of office bearers: Byron Constantine Lazarides
- 9.1.8 Registered at: 98 Oxford Road, Ferndale, Randburg, Gauteng.
10. COMPLIANCE WITH LAWS
- You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
- Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org (in the case of BEE Connex) or to the e-mail address you have provided to BEE Connex (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BEE Connex may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to BEE Connex. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
12. GENERAL CLAUSES
- 12.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
- 12.2 This Management Tool is controlled, operated and administered by BEE Connex from its offices within the Republic of South Africa. BEE Connex makes no representation that the content of the Management Tool is appropriate or available for use outside of South Africa. Access to the Management Tool from territories or countries where the content of the Management Tool is illegal is prohibited. Users may not use this Management Tool in violation of South African export laws and regulations. If the user accesses this Management Tool from locations outside of South Africa, that user is responsible for compliance with all local laws.
- 12.3 BEE Connex does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Management Tool may be interfered with as a result of a number of factors which are outside of our control.
- 12.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
- 12.5 BEE Connex's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
- 12.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of BEE Connex.
- 12.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
- 12.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
- 12.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
- 12.10 These Terms set forth the entire understanding and agreement between BEE Connex and you with respect to the subject matter hereof.