Privacy Terms and conditions

Terms and conditions

In terms of Section 11 of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the Common Law of Contract, these terms and conditions are valid, binding, and enforceable against all persons that access the Blue Turtle Technologies Website and use the service through the Blue Turtle Technologies Website or any part thereof.

If the User does not agree to be bound by these terms and conditions, the User must leave the Blue Turtle Technologies Website immediately as further use will automatically bind the User to these terms and conditions.

DEFINITIONS AND INTERPRETATION

The clause headings in this document have been inserted for convenience only and not for interpretation purposes.  Reference herein to the singular includes the plural and vice versa and reference to the male gender includes the female gender and vice versa.

a.       “Blue Turtle” means Blue Turtle Technologies (Pty) Limited, registration number 2003/002610/07;

b.      “Website” means the Blue Turtle Technologies Website including the content and service(s) owned and operated by Blue Turtle through its Website and any page, part or element thereof;

c.       “Services” means any services available on or through the Website;

d.      “User” means any person who enters or uses the Website;

e.      Reference herein to the singular includes the plural and vice versa;  and

f.        Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act.  The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.

1.       ABOUT BLUE TURTLE

Blue Turtle is a leading South African technology management company focused on IT (information technology) and service management; encompassing it governance, service & infrastructure management, security-, configuration -, application - and document management.

2.       ALLOWED USE AND LICENCE

2.1   Blue Turtle licenses the User to view, download and print the content of the Website provided that such use is for private, personal, educational and/or non commercial purposes only.

2.2   Content from the Website may not be used or exploited by the Users for any commercial or non private purposes without the prior written consent of Blue Turtle Technologies.

2.3   Users may only access and browse the Website for legitimate personal or commercial purposes and may not use the Website for:

2.3.1          Harmful purposes;

2.3.2          Illegal purposes;

2.3.3        Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or

2.3.4          The creation, storage and sending of unsolicited commercial communications.

2.4   The caching of the Website shall only be allowed if:

2.4.1          The purpose of the caching is to make the onward transmission of the content from the Website more efficient;

2.4.2          The cached content is not modified in any manner whatsoever;

2.4.3          The cached content is updated at least every 12 (twelve) hours;  and

2.4.4          The cached content is removed or updated when so required by Blue Turtle.

2.5    If any User uses content from the Website in breach of the provisions detailed herein:

2.5.1         Blue Turtle reserves the right to claim damages from the User;

2.5.2         Blue Turtle reserves the right to institute criminal proceedings against the User;  and

2.5.3         Blue Turtle shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of such content by the User or any third party who obtained any content from the User.

2.6   Hyperlinks to the Website from any other source shall be directed to the home page of the Website.  Links beyond the Blue Turtle home page may only be used with Blue Turtle’s prior written consent.

2.7   Blue Turtle shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of content, products or services available from the Website, if such content, products or services are accessed through a hyperlink not directed at the home page of the Website.  Persons who wish to link to pages beyond the home page of the Website.  Persons who wish to link to pages beyond the home page of the Website without Blue Turtle’s prior written consent shall do so at their own risk and indemnify Blue Turtle against any loss, liability or damage that may result from the use of such hyperlinks.

2.8  Users may quote small and reasonable amounts of content available from the Website and only if such a quote is placed in inverted commas and acknowledged.

2.9   No person may, without the prior written consent of Blue Turtle, frame the Website in any manner whatsoever.

2.10 Email addresses, names, telephone numbers, and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes.  No permission is granted or should be implied that information on the Website may be used to communicate unsolicited communications to Blue Turtle or all rights detailed in section 45 of the ECT Act as reserved.

2.11 Apart from bona-fide search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of Blue Turtle.

2.12 All licences and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Blue Turtle at any time without written prior notice or reason.

3.       INTELLECTUAL PROPERTY RIGHTS

3.1  All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), trade names, logos, pictures, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Blue Turtle and as such, are protected from infringement by domestic and international legislation and treaties.  Subject to the rights licensed to the User in section 2, all other rights to intellectual property on the Website are expressly reserved.

3.2   No person shall amend, copy, use, decompile and/or reverse engineer the source code of the Website.

3.3  No person may use logos, icons, or trademarks from the Website as hyperlinks or for other purposes without Blue Turtle’s prior written consent.

4.       SOFTWARE AND EQUIPMENT           

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the internet and the Website and/or download content from the Website.

5.       DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to and use of the Website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Blue Turtle has, amongst others, the duty to disclose the following information:

6.       OUR OBLIGATIONS

Blue Turtle will provide the User with up to date information on the functionality of the Website and advice and assistance on any upgrade or changes to its functionality as it deems necessary and use reasonable endeavours to comply with any applicable law or regulation. If User makes assumptions about the location of items within or functionality of the Website in any of the User’s procedures or automated scripts, the User should check that those assumptions remain valid whenever it is used and warn the User accordingly if those assumptions become false. For example, Blue Turtle makes no promise that the Website will always be maintained with the same DNS names, IP addresses, authentication methods or URLs. Although Blue Turtle aims to offer the User the best service possible, Blue Turtle makes no promise that the services at Blue Turtle will meet the User’s requirements or be fault free. The User’s access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Blue Turtle will attempt to restore access as soon as it is reasonably able to. When the User requests information by email, we do not guarantee that we will deliver such information. If we have difficulty delivering information to a particular email address, we reserve the right to stop using that address.

7.       THE USERS OBLIGATIONS

The User agrees that he/she will use the Website and Associated Websites in accordance with these terms and conditions and any additional terms and conditions of Associated Websites and shall comply with all applicable laws and regulations. The User will require internet connectivity and appropriate telecommunications links to use the Website. The User agrees that Blue Turtle shall not be liable for any telephone or other costs that the User may incur.

The User represents, warrant and undertakes that the User will not do anything or cause or permit anything to be done that may infringe, damage or endanger any intellectual property rights of Blue Turtle or any third party or do anything that is otherwise unlawful. The User may not use the Website or any Associated Website for:

·        Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;

·        Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable law or regulation;

·         Gaining unauthorised access to other computer systems;

·         Interfering with any other person's use or enjoyment of the Website;

·         Breaching any laws concerning the use of telecommunications networks;

·         Interfering or disrupting networks or Websites connected to the Site;

·         Making, transferring or storing electronic copies of materials protected by copyright without the owner's permission; and

·         Downloading more than a reasonable amount of data and not repeat these downloads more frequently than is reasonable.

If the User is requested to create a password during the User’s use of the Website, the User must keep this password confidential and must not disclose it or share it with anyone. The User will be responsible for all activities that occur under the User’s password. If the User know or suspect that someone else knows the User’s password the User should contact Blue Turtle immediately. If Blue Turtle has reason to believe that there is likely to be a breach of security or misuse of the Website we may require the User to change the User password (if any) or we may suspend the User use of the Website.

8.       EXCLUSION OF WARRANTY

Blue Turtle will aim to ensure that the information contained on this Website is as accurate as possible. However, Blue Turtle give no warranty of any kind regarding the Website or Associated Websites and/or any materials provided on the Website or Associated Websites. Blue Turtle does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on the Website or Associated Websites and Blue Turtle expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that any software will be error-free or that such errors will be corrected, all of which are hereby excluded to the fullest extent permitted by law. If Blue Turtle is informed of any inaccuracies on the Website, we will attempt to correct the inaccuracies as soon as we reasonable can.

If the User obtains a product or service from Blue Turtle off this Website that is provided without an agreement, that product or service is provided "AS IS" and in no event will Blue Turtle be liable to the User for any loss or damage of any kind (except personal injury or death resulting from Blue Turtle's negligence) arising from the User use or inability to use that product or service.

9.       LIABILITY
The Website is provided by Blue Turtle without any warranties or guarantees. Blue Turtle assumes no responsibility and shall not be liable for any damage to or viruses that may infect the User’s computer equipment or other property on account of the User’s access to, use of, or browsing in the Website or the Associated Websites. To the full extent allowed by applicable law, the User agrees that Blue Turtle shall not be liable for any injury, loss, claim, damage, or any exemplary, punitive, direct, indirect, incidental or consequential damages or any kind (including but not limited to lost profits or lost savings) whether based in contract, tort, strict liability or otherwise which arises out of or is in any way connected with the Website including (without limitation):

any use of this Website or Associated Websites or content found therein;

any failure or delay (including but not limited to) the use of or inability to use any component of the Website or Associated Websites and any errors or interruptions of the Website;

·         the performance or non-performance by Blue Turtle;

·         unsuitability, unreliability or inaccuracy of the Website;.

·         inadequacy of the Website to meet the User’s requirements;

·         incompatibility of the Website with any of the User’s equipment, software or telecommunications links;

·         the provision of or failure to provide services;

·         any information, software, products, services and related graphics obtained through the Website or Associated Websites;

·         Blue Turtle's liability shall not be limited in the case of death or personally injury directly caused by Blue Turtle' negligent act or omission.

Any dealings the User has with third parties via the Website or Associated Websites are the User’s responsibility. Should a dispute arise between the User and any third party due to use of the Website or Associated Websites we will do our best to assist its resolution but will not be responsible for any loss or damage suffered as a result.

We may provide links to other Websites, resources, advertisements or sponsorships either directly or through contractual partners. Blue Turtle accepts no responsibility for these links and does not endorse their contents. If the User decides to access other Websites, the User does so at the User’s own risk.

10.   INDEMNITY
The User shall indemnify and keep Blue Turtle indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Blue Turtle whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by the User of any of these Terms and Conditions or the User’s use of the Website or any Associated Website.

11.   INTELLECTUAL PROPERTY

All content, software and data on or relating to the Website is the property of Blue Turtle or is licensed for use by Blue Turtle. None of the software, data or content found on the Website may be reproduced, republished, distributed, posted, sold, transferred or modified without the prior express written permission of Blue Turtle. In addition, the trade marks, logos and service marks displayed on this Website ("the Trade Marks") are registered in South Africa, the UK and elsewhere by their respective owners and may not be used without the owners’ express written consent. All copyright, database rights, rights in inventions, patents and patent applications in the software, data or content relating to the Website shall (unless licensed to Blue Turtle) be owned by and vest absolutely in Blue Turtle.

Blue Turtle does not want to receive confidential or proprietary information from the User through this Website. Please note that any information or material sent to Blue Turtle will be deemed not to be confidential. By sending Blue Turtle any information or material, the User grants Blue Turtle an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute such information or material, and the User also agree that Blue Turtle is free to use any ideas, concepts, know-how or techniques that the User send us for any purpose. Nonetheless, any use of the User’s name or other personal data is subject to our Privacy Policy.

12.   REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Website to Blue Turtle and Blue Turtle undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides reasonable grounds to prove the alleged nature of the content.

13.   INTERCEPTION OF COMMUNICATIONS

13.1         Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Blue Turtle’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the Website or Blue Turtle’s employees.

13.2         The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

14.   ENTIRE AGREEMENT AND SEVERABILITY

14.1         These terms and conditions constitute the entire agreement between Blue Turtle and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Blue Turtle from the User.

14.2          Any failure by Blue Turtle to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

14.3         In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions.  The remaining terms and conditions shall remain enforceable and applicable.

15.   APPLICABLE AND GOVERNING LAW

The Website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5, the South African law enforced by the South African courts governs the User of, or inability to use, the Website, its content, Services, products and these terms and conditions.

16.   LEGAL COSTS

Blue Turtle shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

17.   GENERAL

The User may not assign, sub-licence or otherwise transfer any of the User rights under these terms and conditions.

These terms and conditions shall be deemed severable. The illegality, invalidity or unenforceability of any part of these terms and conditions will not affect the legality, validity or enforceability of the remainder.

Failure by Blue Turtle to enforce these terms and conditions shall not be construed as a waiver of any of its rights under it.

                                                                                                   
Blue Turtle shall not be responsible for any breach by it of these Terms and Conditions caused by circumstances beyond its reasonable control.

We reserve the right to make changes to these terms and conditions at any time. The User’s use of the Website following such changes constitutes the User’s acceptance of these changes.

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.