1.3. No term or provision contained in this agreement is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with us on this website.
2.2. Any such amendments shall come into effect immediately and automatically. You agree to review this agreement whenever you visit the site or mobile application for any such amendments.
3. USER CONDUCT
3.1. You may use our Site for lawful purposes only.
3.2. You are prohibited from using our Site to:
3.2.1. transmit any unlawful, threatening, obscene, defamatory, libellous, harassing, pornographic, hateful (ethnically or racially) or otherwise objectionable material, or any material that would contribute to a civil or criminal offense;
3.2.2. on any intellectual property right or otherwise violate any law;
3.2.3. submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage our Site; and
3.2.4. impersonate any person or entity or misrepresent your identity or affiliation with any person or entity when using our Site.
4. USER ACCOUNTS
5. USE OF SOFTWARE AND HARDWARE
5.1. You should only use the most up-to-date Internet browser to access the site and our mobile application, we recommend using Google Chrome. Your failure to do this may result in a security risk to you and/or cause some or all of the functionality of the site or online service not to operate properly or at all.
5.2. Software, if any, made available for download on or via the site may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarising yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor.
5.3.You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.
6.1. While we have taken care to ensure that the content on this site is accurate, this site and the services accessible on or via this site are provided 'as is' and your use of and reliance on the information on this site and the online services is entirely at your own risk.
6.2. We do not represent or warrant that the website, any tools such as checklist, reports fail/pass mechanism, zone types, sites, job types, software, advice, opinion, statement, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this site. To the fullest extent permissible by law, we expressly disclaim all (express and implied) warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this, we do not warrant that the site or any software available for download via the site is free of viruses or destructive code.
6.3. It is your responsibility to ensure that all information entered into the site is complete and accurate prior to using the site.
6.4. We and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) shall not be liable for and you hereby indemnify us and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising out of your use of this site or the online services or the information contained on this site or your inability to use this site or the online services.
6.5. Without derogating from the generality of the above, we will not be liable for:
6.5.1. any interruption, malfunction, downtime or other failure of the site or online services, our system, databases or any of its components, for reasons beyond our control;
6.5.2. any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;
6.5.3. any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part;
6.5.4.any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
6.5.5. any event over which we have no direct control.
7. PROPRIETARY CONTENT AND LIMITED LICENSE
7.1. ASSET POOL owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of South Africa and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and registered service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of ASSET POOL or its licensors and content-providers.
7.3. This Site and all Content are copyrighted and protected by the Copyright Act 98 of 1978. You agree to comply with all copyright laws worldwide in your use of this Site and not to permit or allow any copying of the Content except as authorized by ASSET POOL. ASSET POOL does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information other than the limited license set forth above.
7.4. ASSET POOL may terminate the authorisation, rights and license given above at any time.
8.1. ASSET POOL takes reasonable measures to protect confidential data in transit and at rest. ASSET POOL cannot and does not guarantee that any such transmission will be totally secure. You are responsible for maintaining the confidentiality of your account information, including but not limited to, your account number and any other user identifier or other unique name or number identifying you (collectively, your “User ID”) and any password used in connection with your use of the Site. You are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify ASSET POOL of any unauthorized use of your User ID or password, or of any breach of Site security or of these Terms, of which you become aware. ASSET POOL is not liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
9. NO WARRANTIES
9.1. Our Site and any Content provided on or through the Site are made available on an “AS IS” or “AS AVAILABLE” basis. We do not warrant that the information made available through our Site will be timely, secure, uninterrupted or error-free, or that defects in our Site, if any exists from time to time, will be corrected. We will not be responsible for (i) errors, omissions, interruptions, deletions, defects or delays in the operation and transmission of our Site, or any related services or Content, (ii) communication line failures, or (iii) computer viruses or other harmful software associated with the operation of our Site.
9.2. WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF ASSET POOL, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE, BY USING OUR SITE, THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.
10. LIMITATION OF LIABILITY
10.1. IN NO EVENT WILL ASSET POOL SOUTH AFRICA, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF REVENUE; LOSS OF USE OF OUR SITE, LOSS OF USE OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF USE OF DATA, PROGRAMS OR EQUIPMENT) ARISING OUT OF YOUR ACCESSING, BROWSING OR USING, OR YOUR INABILITY TO ACCESS, BROWSE OR USE, OUR SITE OR SITE CONTENT AND ANY RELATED SERVICES, MATERIALS AND PRODUCTS. ASSET POOL, ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR SUCH DAMAGE HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ASSET POOL, ITS AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OR ASSIGNS HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
11. EXTERNAL LINKS
11.1. For your convenience, ASSET POOL may provide through the Site, links to a site known as www.app.assetpool.co (“link”) operated by ASSET POOL.
11.2. In order to use such third-party sites, you will leave the main Site.
12. INTERNATIONAL USERS
12.1. This Site is controlled, operated and administered under the supervision of ASSET POOL. We do not make any representation as to whether the Content on this Site is appropriate or available for use at locations outside of South Africa or whether access from such locations is permitted or prohibited. If you access this Site from a location outside of the South Africa, you are responsible for compliance with all applicable laws in such location. You may not use this Site or export Content if such use or export would violate the law, including South African export laws and regulations.
13.1. This site is hosted, controlled and operated from the Republic of South Africa. This agreement and our Privacy and Security Policies are governed and must be construed and interpreted in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts for any dispute which may arise out of or in connection with this agreement.
15. CONTACT US