2. Acceptance of Terms
Unless otherwise agreed to in a separate signed agreement between Your Company and AIGS Your access and use of the Website, Content, or any forums, wikis, blogs, or services provided on the Website (any Services ), are subject to this TOU. Additionally, Your use of the Website, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms ), which may be posted on the Website where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms ) form a legally binding agreement between You and AIGS regarding Your access and use of the Website, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using The Website, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use the Website. Your access and use of any AIGS software or related documentation provided on the Website (together AIGS Software ) shall be subject to a separate software license agreement made available to You at the time You access or download the AIGS Software.
3. Updating of these Terms
AIGS reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the Website and/or the Services at any time. AIGS may make changes to its products, service offerings, on the Website, and/or the Services and AIGS Software at any time without notice. It is Your obligation to periodically check these TOU for changes or updates. Your continued use of this The Website following the posting of changes or updates will be considered notice of Your acceptance to abide by and be bound by these TOU, including such changes or updates.
THE MOST CURRENT VERSION OF THIS TOU CAN BE ACCESSED BY CLICKING TERMS WHICH IS INCLUDED ON THE BOTTOM OF EACH WEB PAGE COMPRISING THE WEBSITE.
4. Confidential Information
Except for websites within the Website which are clearly identified as non-public (each a Non-Public ), the Website is intended to be a public forum subject to the terms of this Agreement and You agree not to provide AIGS or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information.
You may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of You computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed, etc. AIGS uses this information to determine use of the Website, and to improve Content thereon.
Any Content that You send or upload to the Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
You agree not to reproduce any Confidential Information to which you are provided access through the Website in any form except as authorized at the time of disclosure. Any reproduction of AIGS Confidential Information shall remain the property of AIGS and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of AIGS. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with AIGS Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which AIGS or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of the Website, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
ALL UPLOADS BY YOU INTO THE WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND AIGS TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF THE WEBSITE.
The Website sells Software and Services online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds AIGS harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely Your personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by AIGS and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by AIGS under any circumstances.
AIGS cannot be held responsible for security breaches occurring on Your electronic device (Personal Computer or other electronic device used to browse the The Website), which may result due to the lack of adequate virus protection software or spyware that You may inadvertently have installed on his/her device.
AIGS will supply all goods to the delivery company in good order. AIGS will not be held liable for the condition of goods arriving at Your chosen delivery address.
6. MyGate Online Payment Gateway
All online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to www.mygate.co.za to view MyGate’s security policies.
7. Refund & Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, AIGS will refund You in full within 30 days. Cancellation of orders by You will attract a 10% charge for administration costs.
AIGS reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet AIGS’s standards. Should AIGS exercise this right, You will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Sales & Marketing Director, Gustav Piater. email@example.com
8. Your Information, Privacy & Data Protection
You understand and agree that AIGS collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to AIGS’s Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address. In a limited number of cases when accessing specific the Websites or responding to sales offers (each, a “Transaction”), AIGS may temporarily collect and utilize Your credit card number and expiration date for the purposes of processing a Transaction. Collection and processing of credit card numbers and expiration dates will be subject to a separate agreement.
You agree that AIGS may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of AIGS, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ABOVE AIGS PRIVACY STATEMENT, AND THE PRIVACY TERMS FOUND BY CLICKING ON PRIVACY AT THE BOTTOM OF THE HOME WEB PAGE COMPRISING THE WEBSITE.
9. Permissible use of the Website
You are permitted to access the Website and Use the Services Content and AIGS Software solely for Your personal, informational, noncommercial purposes.
10. Copyright & Intellectual Property Rights
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use the Website to infringe the Intellectual Property Rights of AIGS or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of AIGS Software, third party software, or any Content accessed on the Website. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
Subject to any licenses You grant to AIGS pursuant to this TOU, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the Website to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
By transmitting or uploading Content to the Website, You grant AIGS a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to AIGS that You have the right, title, and/or authority to grant such license to AIGS. AIGS may elect not to post or publish the Content that You send or upload. If AIGS elects to post or publish the Content, AIGS may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
All Intellectual Proprietary Rights to any AIGS Software and the Services shall belong to AIGS. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any AIGS Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to AIGS any modifications or derivative works of any AIGS Software made by You in contravention of this limitation.
11. Responsibility for links & content
The Website may contain links to external websites and information provided on such external websites by AIGS partners and third-party service providers. AIGS shall not be responsible for the contents of any linked website, or any changes or updates to such sites. You further agree that AIGS shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked website. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on the website (any Content ), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
12. Termination & Accountability
In the event You are in material breach of the Controlling Terms, AIGS may, at its sole discretion refuse You any current or future use of the Website. AIGS may remove any Content posted on the Website at AIGSs sole discretion. AIGS shall not be liable to You or any third party for any termination or change to the Website and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party’s permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of the Website or any other Users computer system, AIGS may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use the Website to:
- publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
- impersonate any person or entity, including, but not limited to, an AIGS official, AIGS employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other Users.
13. Specific terms to AIGS Software
AIGS Software made available to download from The Website is the copyrighted work of AIGS. Use of the AIGS Software is governed by a software license agreement (License Agreement) which accompanies or is included in such AIGS Software. You may not use or install any AIGS Software which is accompanied by or includes a License Agreement until You first agree to the terms of the License Agreement. Any copying, reproduction, or redistribution of the AIGS Software not in accordance with the License Agreement is expressly prohibited. You must not modify, decompile, or reverse engineer any AIGS Software, except to the extent expressly permitted by applicable law. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of AIGS Software or from any Content accessed on the Website.
You agree to indemnify and hold AIGS, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the The Website or Services, Your breach of this TOU or AIGS’s Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
15. Exclusion of Software Warranties
The Website, Content, and Services are being provided to You "as is". AIGS does not guarantee or warrant any features or qualities of the Website, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to the Website, Content, Software or Services in promotional material or on the Website and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published AIGS description of or advertisement except to the extent AIGS has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of AIGS's management.
AIGS does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the Website, or the content obtainable on such web-pages or (ii) any information provided by third parties on the Website. AIGS only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the Website evidently contains illegal contents or infringements against intellectual property rights. AIGS will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. AIGS shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by AIGS's willful misconduct, gross negligence or AIGS's failure to fulfill its duty to review as stipulated herein.
16. Limitation of Liability
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, AIGS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE THE WEBSITE, AIGS SOFTWARE, OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY AIGS SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE THE WEBSITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY AIGS AND IN CASE OF AIGSS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
17. Choice of Law
This Website is controlled, operated and administered by AIGS from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. You may not use this Website in violation of South African export laws and regulations. If You accesses this Website from locations outside of South Africa, You are responsible for compliance with all local laws. These TOU shall be governed by the laws of the Republic of South Africa, and You consent to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these TOU are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these TOU, and the remainder of these TOU shall continue in full force and effect. These TOU constitute the entire agreement between AIGS and You with regard to the use of the Content and this Website.
Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or AIGS’s written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
19. Waiver & Severability
The failure of AIGS to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.