Terms and Conditions
The Sibaya Node 6 website and any associated websites, including (without limitation) all websites, mobile applications and other interactive properties through which such services are delivered (collectively, the “Website”) are owned, operated and distributed by Sibaya Node 6, (referred to in these Terms and Conditions as “we”, “Sibaya Node 6” and through similar words such as “us,” “our,” etc.). By accessing or using any part of the Website, you are agreeing to the terms and conditions described below (the “Terms and Conditions”) and the terms and conditions of our Privacy Notice (the “Privacy Notice”) which are incorporated herein by reference. If you do not agree to any of these terms, you should not use the Website. These Terms and Conditions apply to all users, including both users who are simply viewing content available via the Website and users who have subscribed for services and/or are contributors of content via the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
We reserve the right to refuse service to any person for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate your access to the Website for any reason. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.
Visitors to the Website and Submission of Information
You can visit the public sections of this Website without identifying yourself or providing Personal Information (as defined in our Privacy Notice). But there are some areas of the Website which may collect Personal Information from you. Any information provided through the Website is governed by our Privacy Notice, and/or the relevant notices provided to you on the particular submission page on the Website.
We reserve the right, at any time, to change any fees or charges for using any services provided on the Website (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We currently charge subscription fees for some features, although free accounts are provided at our discretion. We will charge you sales tax along with your order, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties or similar charges, only excluding taxes based on our income.
In order to access some features of the Website, you will have to create a login account. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally. Accounts registered by “bots” or other automated methods are not permitted under any circumstances. You may never use another’s login account without permission and may not permit anyone else to use your login account. Single login accounts shared by multiple persons are not permitted under any circumstances.
You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you engage in activity consistent with all laws, including, but not limited to, data privacy laws and regulations. Further, you are obligated to keep your password secure and you agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software);
- To impersonate or attempt to impersonate Sibaya Node 6, a Sibaya Node 6 employee, another authorized user, or any other person or entity;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Sibaya Node 6 or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Website;
- Modify, move, add to, delete, or otherwise tamper with the information contained in the Website;
- Conduct any systematic or automated data collection activities on or in relation to the Website;
- Use the Website for any purposes related to marketing without our express written consent.
Third Party Content
The Website may contain links to third party content and other third-party websites that are not owned or controlled by Sibaya Node 6. Links are provided to online users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by Sibaya Node 6. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content.
Intellectual Property Rights
Except for Third-Party Content, all material included on the Website, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under the law and international conventions. In addition, the compilation and presentation of the Content on the Website is subject to copyright owned exclusively by us. Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content 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 Content or enforce limitations on use of the Website or the Content therein.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any action taken by a third party on your behalf. This obligation will survive these Terms and Conditions and your use of the Website.
These Terms and Conditions shall be governed by the internal laws of the South Africa. These Terms and Conditions, together with the Privacy Notice and any other legal notices published by us on the Website or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the Website and our services. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE Website, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.
Modification of the Terms and Conditions
We may, at our sole discretion, modify these Terms and Conditions or the incorporated Privacy Notice at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. The provisions contained herein supersede all previous notices or statements regarding our Terms and Conditions or Privacy Notice that govern the use of this Website.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
In addition, we may modify and/or temporarily or permanently discontinue all or any part of the Website at any time at our sole discretion, with or without notice, and will not be liable for any such action.
These Terms and Conditions were last modified as of 26/01/2022.