Terms of Use

1. Terms

1. This document sets out the terms and conditions (“Terms”) of Synthesis Software Technologies Proprietary Limited and its affiliates (“Company”) pertaining to the access and use of the information, products, services and functions (as applicable) provided on https://www.halodot.io/ (“Website”).
2. Should any person that accesses the Website (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using Company’s services.
3. Company reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Company from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website. Company will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
4. If there is anything in these Terms that you do not understand please contact us as soon as possible – see clause 11 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.

2. Content on the Website

1. Company reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2. Company reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice to you.
3. Company may use the services of third parties to provide information on the Website. Company has no control over any information provided by such third parties and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Company and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
4. Company makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
   1. Company does not warrant that the Website or information or downloads shall be error-free or that it shall meet any particular criteria of performance or quality. Company expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
   2. whilst Company has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
   3. Company disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Company receives it and statements from external parties are accepted as fact.

3. Linked Third Party Websites and Third Party Content

1. Company may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Company does not endorse, nor does the inclusion of any link imply Company’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
2. While Company tries to provide links only to reputable websites or online partners, Company cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Company. Company is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3. You agree that Company shall not be held liable, directly or indirectly, in any manner whatsoever for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

4. Usage Restrictions

1. Company authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
2. The user hereby agrees that it shall not itself, nor through a third party:
   
   1. copy, reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
   2. decompile, disassemble or reverse engineer any portion of the Website;
   3. write and/or develop any derivative of the Website or any other software program based on the Website;
   4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Company;
   5. without Company’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
   6. remove any identification, trademark, copyright or other notices from the Website;
   7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

5. Security

1. In order to ensure the security and reliable operation of its services to all Company’s users, Company hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
2. You may not utilise the Website in any manner which may compromise the security of Company’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be liable for all resulting liability, loss or damages suffered and/or incurred by Company and its affiliates, agents and/or partners.
3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Company and its affiliates, agents and/or partners.

6. Intellectual Property

1. For the purpose of this clause, “Intellectual Property Rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under license by Company, now or in the future, including without limitation, Company’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
2. All copyright and other Intellectual Property Rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“Proprietary Material”), are the property of, or are licensed to, Company and as such are protected from infringement by local and international legislation and treaties.
3. By submitting reviews, comments and/or any other content (other than your personal information) to Company for posting on the Website, you automatically grant Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this license, you retain any and all rights that may exist in such content.
4. All rights not expressly granted are reserved and no right, title or interest in any Proprietary Material or information contained in this Website is granted to you.
5. Except with Company’s express written permission, no Proprietary Material from this Website may be copied or retransmitted.
6. Irrespective of the existence of copyright, the user acknowledges that Company is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.

7. Risk, Limitation of Liability and Indemnity

1. The user’s use of this website and the information contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Company be liable for any loss, harm, or damage suffered by the user as a result thereof. Company reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Company deem it necessary.
3. To the extent permissible by law:
   
   1. Neither Company, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked Website, even if Company knows or should reasonably have known or is expressly advised thereof.
   2. The liability of Company for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Company rectifying the malfunction, within a reasonable time and free of charge, provided that Company is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of Company. However in no event shall Company be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
   3. You hereby unconditionally and irrevocably indemnify Company and agree to hold Company free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Company or instituted against Company as a direct or indirect result of:
      
      1. your use of the Website;
      2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Company;
      3. your failure to comply with any of the terms or any other requirements which Company may impose from time to time;
      4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
      5. any unavailability of, or interruption in, the Website which is beyond the control of Company.

8. Cookie Policy

1. What Company collects

1. Company may collect the following of your information:
   
   • names;
   • contact information such as contact numbers and email addresses;
   • demographic information such as postal codes, preferences and interests; and
   • other information relevant to customer surveys and/or offers.

For the exhaustive list of cookies Company collects, see 'List of cookies Company collects' section below.

2. What Company does with the information it gathers

Company requires this information to understand your needs and provide you with a better service, including but not limited to the following reasons:

• for internal record keeping;
• to improve our products and services;
• to send promotional emails about new products, special offers or other information (including about third parties) which Company thinks you may be interested in; and
• for market research purposes.

Company may contact you by email, phone, fax or post and may use the information to customise the Website according to your interests.

3. Security

Company is committed to ensuring that your information is secure at all times. In order to prevent unauthorised access or disclosure thereof, Company has put in place suitable and reasonable physical, electronic and managerial procedures to safeguard and secure the information it collects online.

4. How Company uses Cookies

A cookie is a small file which asks permission to be placed on our computer hard drive systems. Once you agree to the collection by Company of cookies from the Website, the file is added to our hard drive and the cookies helps us analyse web traffic and inform us when the Website is visited. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Overall, cookies help Company provide you with a better website experience, by enabling Company to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with Company.

You can choose to accept or decline cookies and you can modify your browser settings to decline cookies if you prefer. This may however prevent you from taking full advantage of the Website.

5. Controlling your information

You may choose to restrict the collection or use of your information in the following ways:

• whenever you are asked to fill in a form on the Website, look for the box that you can click to indicate that you do not want the information to be used for direct marketing purposes;
• if you have previously agreed to us using your information for direct marketing purposes, you may change your preferences at any time by informing us via our Contact Us information.

We will not sell, distribute or lease your information to third parties unless we have your consent to do so or if we are required by law to do so.

You may request details of information which we hold about you under the Protection of Personal Information Act, 2013. A small fee may be payable. If you would like a copy of your information held by us, please email us your request using our Contact Us information.

If you believe that any of your information we are holding is incorrect or incomplete, please email us as soon as possible using our Contact Us information. We will promptly correct any incorrect information.

6. List of cookies Company collects

9. Breach or Cancellation by Company

1. Company is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation, whether or not the due date for performance has arrived, in either event without prejudice to Company’s right to claim damages, should any user, in the sole discretion of Company:
   
   1. breach any of these Terms;
   2. use the Website in an unauthorised manner; or
   3. infringe any statute, regulation, ordinance or law.
2. Breach of these Terms entitles Company to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Company on an attorney and own client scale.

10. Compliance with section 43(1) of ECT Act

In compliance with section 43(1) of the ECT Act, the following is noted:

• Full name: Synthesis Software Technologies Proprietary Limited
• Registration number: 2000/007160/07
• Registered address: 1st Floor, Melrose Arch, Johannesburg, Gauteng, South Africa 2197
• Telephone number: +27 87 654 3300
• Website address: https://www.halodot.io/
• E-mail address: sales@halodot.io
• Names of office bearers: Legal; Steyn Basson

11. Compliance with Laws

You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.

12. Notices

Except as explicitly stated otherwise, any notices shall be given by email to legal@synthesis.co.za (in the case of Company) or to the e-mail address you have provided to Company (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Company may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Company. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

13. General

1. These Terms shall be governed in all respects by the laws of the Republic of South Africa.
2. This Website is controlled, operated and administered by Company from its offices within the Republic of South Africa. Company makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
3. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
4. Company’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
5. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Company.
6. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
7. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
8. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
9. These Terms set forth the entire understanding and agreement between Company and you with respect to the subject matter hereof.