Terms & Conditions

INTRODUCTION

1. All references to the “Company”, “PBT”, “we”, “us” and “our” in these terms and conditions are deemed to refer to PBT Group Limited, a company incorporated in accordance with the laws of the Republic of South Africa, with the registration number 1936/008278/06 and with the registered address at PBT House, 2 Mew Close, Waterford Mews, Century City, Cape Town, South Africa, 7441 and our affiliates and subsidiaries including without limitation PBT Group International BV, PBT Group (SA) Proprietary Limited and PBT Group (Australia) Proprietary Limited.
2. All references to “you”, “user” and “your” are deemed to refer to any user and/or visitor of https://pbtgroup.com.au/ and other related URLs and/or any ancillary services (“Website”).

ACCEPTANCE OF THE TERMS

1. These Terms and the other policies posted on the Website (including but not limited to the privacy policy) you agree to be bound by these Terms and we and govern your use of the Services and the Website superseding all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
2. The Terms and the relationship between us shall be governed by the laws of the Republic of South Africa.
3. You and we agree to submit to the personal and exclusive jurisdiction of the courts located in Cape Town.
4. PBT permits the use of the Website subject to these Terms and Conditions (“Terms and Conditions” or “Terms”) and our Privacy Policy. By using, accessing and/or downloading from the Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use the Website if you do not agree to the Terms and Conditions.
5. If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or another entity please do not use this Website on behalf of your employer or another entity.
6. These Terms may be updated by us at any time in our sole discretion. We may send you notice of changes to the Website or the Terms.

TRANSLATED VERSIONS OF THESE TERMS

We may provide a translation of the English version of these Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with us. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall govern.

IMPORTANT NOTICE

1. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms and Condition or continue using the Website.

USE OF THE WEBSITE

1. We operate in the information and communication technology industry and provide data analytics, data platform, data visualisation, application development, cloud solutions, software licensing and strategic consulting services (collectively, the “Services”).
2. The Website is available via a computer and/or using a mobile device. The Website has specifically been developed for the use of certain mobile devices and/or using a computer. It is therefore assumed that you (a) understand the functionality and restrictions of your smartphone/device and/or computer and (b) understand and are bound by any other Terms and Conditions that exist when using the smartphone/device and/or computer and any networks that may provide services to the smartphone/device.
3. You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to the Website).
4. You may not use the Website for any illegal activity.
5. You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative. You may not, in any way reverse engineer, decompile, disassemble or otherwise attempt to discover any source code in the Website and/or Services, or any component thereof, nor may you attempt to do so. This includes, but is not limited to, disassembling, decompiling, decrypting or any other actions that could possibly reveal the source code of the Website or any portion thereof.
6. You may not use the results of the use of the Website for any other purpose than to assist you in your personal capacity.
7. You may not use the location data provided for any other purpose than defined by the Website.
8. The Company reserves the right to limit, disconnect or terminate your use of the Website in the event of any abuse or misuse by you.
9. To the extent permissible by law, you further specifically indemnify and hold the Company, its employees, directors and associates harmless against any direct losses such as injury, illness, loss of limb, loss of life, financial losses, loss of property and any other assets, emotional distress, reputation risk and the like, that may arise due the use of the Website.

OWNERSHIP AND COPYRIGHT

1. You acknowledge and agree that the materials on the Website including without limitation, the text, software, scripts, graphics, photos, logos, software, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights. Materials on the Website are provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
2. We reserve all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
3. The Services is protected to the maximum extent permitted by copyright laws, other laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
4. No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.
5. The Website may allow you to download material, logos and trade marks of third parties. All intellectual property rights in the material, logos and trade marks remain with the third party concerned. By downloading any such material from the Website you do not obtain any intellectual property rights therein. The Company grants you a non-exclusive, perpetual license to display the material on your smartphone/device only. You may not share any downloaded material with others.

DISCLAIMERS

1. Any person who accesses the Website or relies on the Website or on the information contained in the Website does so at their own risk.
2. While the Company takes reasonable measures to ensure that the contents of the Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
3. All information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
4. The Company does not accept any responsibility for any errors, inaccuracies or omissions on the Website.
5. To the extent permissible by law, the Company accepts no liability or responsibility for personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and services.
6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, bugs, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
7. We do not warrant that the Website will be compatible with your smartphone/device.
8. The service is subject to normal constraints of the respective carriers of data and information – we can, for example, not be held liable for voice calls that fail or do not connect, for late or non-delivery of any data whether SMS, IP-data etc.

THIRD PARTY WEBSITES

1. The Website may contain links or references to other websites or mobile applications (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

PUBLIC FORUMS AND USER SUBMISSIONS

1. PBT is not responsible for any material submitted to the public areas by you (which include any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by PBT. PBT reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, that there is a possibility that you may –
   1. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
   2. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
   3. upload files that contain viruses, corrupted files or any other similar software or (computer) programs that may damage the operation of PBT’s and/or a third party’s computer system and/or network;
   4. violate any copyright, trademark, other applicable laws or intellectual property rights of PBT or any other third party; and/or
   5. submit contents containing marketing or promotional material which is intended to solicit business.

SERVICES

1. When you sign up to our Services, we shall provide you with such services in accordance with specific terms and conditions defined in a services agreement.

PRIVACY POLICY

1. We recognize the importance of protecting your privacy in respect of personal information collected by us when you use the Website.
2. By continuing to use the Website you agree to the Terms and Conditions set out in our Privacy Policy and you consent to us collecting and using your personal information for the purposes set out in our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use the Website.

LIMITATION OF LIABILITY

To the extent permissible by law, the Company, our officers, directors, employees or agents shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use and/or unlawful activity on, the Website and/or any linked third party website, unless such loss or damages arise due to the gross negligence of the Company.

INDEMNITY

1. You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorneys’ fees) arising from ―
   1. your use of and access to the Website and/or the Services;
   2. your violation of any term of these Terms;
   3. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
   4. any claim that content you submitted to us on the Website has caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
   5. You hereby indemnify the Company, our officers, directors, employees or agents against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Website and/or any linked Third Party Websites.

CHANGES

The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of the Website after the change is displayed on the Website. If you use the Website after such updated or amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such updates or amendments.

AVAILABILITY AND TERMINATION

1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
2. The Company may in its sole discretion terminate, suspend and modify the Website and/or Services, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate the Website.
3. You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, for any reason or no reason at all, including, without limitation, if we believe that you have violated these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website or the Services. Further, you agree not to attempt to use the Services after any such termination.

GOVERNING LAW

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

ASSIGNMENT

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.

ABILITY TO ACCEPT TERMS AND CONDITIONS

This Website is intended only for adults. You affirm that you are either more than 18 (eighteen) years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

SEVERABILITY

If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.

SUCCESSORS AND ASSIGNS

These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.

GENERAL

1. Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
2. If any term or condition contained herein is declared invalid, the remaining Terms and Conditions will remain in full force and effect.
3. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
4. These Terms and Conditions contain the whole agreement between you and the Company relating to the subject matter hereof and no other warranty or undertaking is valid, unless contained in these Terms and Conditions.
5. For all legal correspondence, our address is PBT House, 2 Mew Close, Waterford Mews, Century City, Cape Town, South Africa, 7441, for all purposes of communication under these Terms and Conditions.
6. To report any violations of the Terms that you become aware or should you wish to contact us please email us at elizna.read@54.153.224.2.