Terms of Use

Terms of Use

Overview

Terms of Use
Pivotal Capital (Pty) Ltd and its subsidiaries and/or affiliates (“Pivotal”) (also collectively referred to as “we”, “our” and “us”) want you to be familiar with our privacy policy and how we collect, use, process and disclose personal information. This Terms of use Policy describes our practices in connection with the information that we collect through activities that link to this Terms of use Policy including websites and mobile sites.

Overview
This website is operated by Pivotal under the domain name “www.pivotalgroup.co.za” (“Website”). By using, accessing, viewing or otherwise relying on the information, graphics and materials on the Website (“the Material”) you agree to be subject to these Terms of Use.

In addition to these Terms of Use, there may also be specific terms governing your use of, and access to certain sections of the Website. Those specific terms also form part of these Terms of Use and you will be bound by them. You are encouraged to review all policies on the Website.

The Terms may be amended from time to time and shall be effective from the date on which you first access the Website. These Terms apply to your use of the Website and related services.

Links to Other Websites
The Website may contain links to other websites operated by third parties (“Third-Party Websites”). Any such links are provided for convenience only and solely accessed at your own risk. We do not endorse, approve of or recommend those Third-Party Websites and we are not responsible for the information, graphics and material they contain (“Third Party Material”).

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third-Party Website operator. Insofar as offers and statements are made on the Website, such offers and statements relating to Third Party Websites are made by Pivotal on behalf of the Third-Party Website operator. We will under no circumstances be held responsible or liable for the offers and statements by Third-Party Websites.

Subject to any rights at law which cannot be excluded, we make no warranties or representations about the quality, accuracy, merchantability or fitness for purpose of the Third Party Material, products and/or services available through Third-Party Websites; or that Third Party Material does not infringe the intellectual property rights of any person.

Copyright and all intellectual property rights related to the Website that are made available to the user, including all materials, graphics, drawings, icons and texts, etc and these are all owned by Pivotal.

Even though we linking the Material to Third Party Material, we do not authorise the reproduction of Third Party Material. If you download software from a Third-Party Website, use of that software may be subject to a licence agreement between you and the Third-Party Website operator. To the extent permitted by law, Pivotal accepts no responsibility or liability for that software or the use thereof. We may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third-Party Website from our Website.

Product Information and Supply
The Material may contain general information and unless expressly stated otherwise, this information:

  •  is not intended to be advice and does not take into account any user’s objectives, financial situation, obligations or needs;
  • all information is subject to change without notice;
  • we recommend that you seek independent advice before acting upon Material on the Website or Third-Party Material; and
  • unless expressly agreed otherwise, products and services referred to on the Website will be provided to South African residents only. These products and services are generally not available to non-South African residents because they may not comply with laws outside of South Africa.

Warranties
While we have made every effort to ensure that information is free from error, we do not warrant the accuracy, adequacy, suitability or completeness of Material on the Website. Use of the Website is at your own risk. We do not guarantee that the Website or Third-Party Websites will be free from viruses, that the Website will be available, or that access to the Website or Third-Party Websites will be uninterrupted. You are responsible for taking appropriate precautions for the protection of your computer system and data. That being said, the information provided by you and processed by us is in pursuance of the lawful purpose, is secure and kept confidential in terms of the Privacy Policy.

Limitation of Liability
Subject to any rights implied by law which cannot be excluded, we are not liable to you, whether in contract, delict (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to:

  • Your use of the Website;
  • Material on the Website;
  • Your use of Third-Party Websites; or
  • Third Party Material.

Termination
Your use of and access to the Website may be terminated at any time by Pivotal without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Pivotal will survive termination.

Jurisdiction
Unless otherwise stated, the information on the Website is provided in compliance with South African law and is only intended for persons within South Africa. The Website may not be applicable to laws of countries other than South Africa and is not directed at nor should it be relied upon by persons in any other country. Disputes arising or in connection with this legal notice shall be subject to the non-exclusive jurisdiction of South Africa.

Copyright and Trade-Marks
Copyright in the Material on the Website is owned by or licensed to Pivotal.
Except where necessary for viewing the Material on the Website on your browser, or as permitted under the Copyright Act 1968 or other applicable laws in South Africa or these Terms of Use, no Material on this website may be reproduced, adapted or uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without the specific written consent of Pivotal Data (Pty) Ltd. You must not use any trade-mark displayed on the Website in any way without our express written consent.

Privacy and the Use of the Website
We do not collect any personal information about you when you use the Website unless:

  • You provide it to us by completing an online application or online form or supplying us with your email address;
  • You log on and use the services available on the Website; or
  • The information collected is de-identified and for research purposes only;

We may also use third parties to collect statistical information to measure the effectiveness of our online advertising. Any third party involved in this process will not collect your personal information.
Pivotal’s collection and use of your personal information is described in our Privacy Policy. By accessing, viewing, or otherwise using this website you agree to be subject to our Privacy Policy.

Our Use of “Cookies”
“Cookies” are small files of data that reside on your computer and allow us to recognise you as a customer if you return to the Website using the same computer and browser. We send a “session cookie” to your computer if and when you log in to your account by entering your email address and password. We use these cookies to recognise you if you visit multiple pages in our site during the same session, so that you don’t need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.

We also use longer-lasting cookies to display certain information on our form so you don’t have to retype the information each time you log in to your account. Our cookie files are encoded so that your email address and other information can only be interpreted by us. We may, however, share cookie information with certain merchants with whom we have an official co-marketing relationship regarding whether a user identified by the merchant is already registered with us, provided that we have your express consent to do this.
We and our service-providers also use cookies to customise our services, content and advertising; measure promotional effectiveness and promote trust and safety. You may encounter cookies from third parties when using services on websites that we do not control. For example, if you view a web page created by a third-party or use an application developed by a third party, there may be a cookie placed by that web page or application and we do not have any control over this.

Linking to the Website
Please contact our Marketing Department if you would like to place a link to any part of our Website. You must not provide a link to our Website without our express consent.

Acceptance and Changes to Terms of Use
By ticking the box you acknowledge and agree that your use of the Website indicates your acceptance of these Terms of Use and Privacy Policy as amended from time to time.

These are the current Terms of Use. They replace any other terms of use for the Website published on the Website to date. Pivotal may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation. Your subsequent use of the Website constitutes acceptance of the varied Terms of Use.

Pivotal reserves any rights not expressly granted in these Terms of Use.

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