Terms and Conditions
“Content” means, but not limited to text, graphics, icons, links and other similar material on the website;
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
“Intellectual Property rights” means he rights in and to copyright (including but not limited to literary, artistic, musical- works, photograph, sound recording, computer programs), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets.
Company Name: SEED ANALYTICS (PTY) LIMITED
Registration number: 2014/098567/07
Directors: Vincent Heys, Derek Gardner, Ian de Lange
Accessing the SEED ANALYTICS website
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
Access to the website is subject to these terms and conditions.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
License and license conditions
SEED ANALYTICS hereby grants you a non-exclusive, non-transferable license, subject to the conditions below, to:
View / browse the website.
Use content for personal and non-commercial purposes only, unless otherwise agreed to in writing.
Copy, download and print the content of the website for purposes of executing – or with the intention to execute a transaction between you and us or any of our agents.
Use the software made available on the website only for purposes of obtaining content from the website.
Other than as agreed to above, you may not:-
Use the website in any way that breaches any applicable local, national or international law or regulation.
Use the website In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
Send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards under paragraph 5 below.
Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Copy, adapt, redistribute or modify any part of the website or frame, “mirror”, data-mine or cache the website or reverse engineer, copy, modify, download, distribute, decompile or create a derivative work of the software available or content, or any part thereof without prior written permission from Us. For any re-use or distribution of the content, you must make clear to others the terms and conditions applicable to the content available from the website;
You may not sublicense any of the content available from the website. You must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;
You may not assign, transfer or sublicense the rights pursuant to this Agreement;
You agree to supervise all usage by minors (younger than 18 years of age) of this website under your name or account;
In all of the aforesaid licensed rights, we must be acknowledged as the source of the material and the SEED ANALYTICS contact details must be reflected accordingly;
You may not use the website’s communication facilities for purposes of unsolicited communications (“Spam”).
Hyperlinks to and from THE website
This web site may contain links to other websites operated by third parties. We do not endorse, or approve of the operators and / or owners of third party web sites, or operate or control in any respect any of the information, graphics and material on those third party web sites or guarantee that the website will be operation at all times. Links to third party websites are included solely for your convenience. You therefore assume sole responsibility for the use of a third party website;
We make no warranties or representations:
regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party web site content or products or services available through third party web sites; or
that third party web site content does not infringe the intellectual property rights of any person. We are not authorising or endorsing or otherwise condoning the reproduction of third party web site content by linking to it.
Hyperlinks to the website will be allowed, subject to the following conditions:
You will be authorised to link to, but not replicate, content contained in the website;
You may not present misleading or false information about our services or products;
You may not imply that We are endorsing or sponsoring your – or your employer’s web site, or any services or products available from the web site containing the hyperlink;
You may not use SEED ANALYTICS’s logos or trademarks without prior written permission from SEED ANALYTICS;
Your web site may not contain content that is not compliant with our content standards below;
You agree that the link may be removed at any time upon SEED ANALYTICS’s request pursuant to SEED ANALYTICS’s reserved rights to rescind its consent to allow the link.
Authorisation to link to the website shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form between you and SEED ANALYTICS nor authorise you to incur any liability on behalf of SEED ANALYTICS.
We may from time to time provide interactive services on our site, including, without limitation Social Networking – Facebook (“interactive services”) or our portal for our Client Reporting facility. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical) and the conditions (where applicable).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the relevant person, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site, including our interactive services (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts);
Be genuinely held (where they state opinions);
Comply with applicable law in South Africa and in any country from which they are posted;
Be your own, or content of a third party of which you have obtained the necessary consent to upload the content;
Contributions must not:-
contain any material which is defamatory of any person or any material which is obscene, offensive, hateful or inflammatory,
promote sexually explicit material or violence,
discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrasses, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We aim to update the website regularly, and may change the content at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Intellectual property rights
The Intellectual Property available on the website (including the interactive services) or obtained via the interaction between yourself and Us are the property of – or license to SEED ANALYTICS and may not be utilized outside the licensed terms as set out under these terms and conditions;
Our status (and that of any identified contributors) as the authors of material on the website must always be acknowledged.
E-mail 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. The presentation of such details is no “opt-in” / permission from SEED ANALYTICS to utilise same.
SEED ANALYTICS would be pleased to consider requests for permission to disseminate or use SEED ANALYTICS content outside the scope of the license terms set out under above, provided that our written approval is obtained in advance. To obtain approval please contact us at: +27 (0) 21 914 4966 or email@example.com.
Additional information to the user as consumer
Further disclosure requirements to the User as consumer:
Prices of products and services:
No prices for services or products are quoted on the website, however for more information on pricing for our interactive services You can go to “Contact Us”;
Access to the website:- free
Product / Services
The main purpose of the website is to introduce you to the services and solutions available from SEED ANALYTICS;
Services and Solutions available: go to “What we offer” and “Packages” to view same;
Each Service available from SEED ANALYTICS is subject to its own terms and conditions.
Privacy and protection of personal information
Although SEED ANALYTICS is not obliged to provide security on the website we feel it is important that Your information or any communication between You and SEED ANALYTICS is dealt with in the most secure manner reasonable possible, however because of the nature of the internet We cannot warrantee that Your communications with SEED ANALYTICS via the website is completely secure;
To provide adequate security to all Users of the website and to monitor activities prohibited under section 86 of the ECT Act the User hereby agrees to SEED ANALYTICS right to intercept, monitor, block, read, delete or accesses all data sent to the website or any other SEED ANALYTICS communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;
It is our policy to virus check documents and files before they are posted on this website. However, We cannot guarantee that documents or files downloaded from this website will be free from viruses and We do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you will not post or provide to Us via the website, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via the website. You hereby indemnify SEED ANALYTICS, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this website or the SEED ANALYTICS or its service provider’s infrastructure.
Limitation of liability
SEED ANALYTICS website and all materials found on the SEED ANALYTICS website or interactive services are intended for information purposes and provided (UNLESS OTHERWISE AGREED TO IN WRITING) “as is” without any warranty, representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, software or services;
SEED ANALYTICS further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the SEED ANALYTICS website. SEED ANALYTICS may make changes / amendments to the SEED ANALYTICS website, the policies, information described in the materials or content of these Terms and Conditions, at any time without notice. SEED ANALYTICS reserve the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website. SEED ANALYTICS makes no commitment to update the materials and may discontinue any part of the SEED ANALYTICS website or services or certain software or version of certain software for the utilisation of the SEED ANALYTICS website;
SEED ANALYTICS and its service providers will not be liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or data, any delays, whether in an action in contract or delict, arising out of the use or inability to use the SEED ANALYTICS website or performance of the SEED ANALYTICS website or non-performance of the SEED ANALYTICS website, i.e. SEED ANALYTICS website not available as a result of 3rd party service providers, maintenance, enhancements, events outside the control of SEED ANALYTICS or force majeure events, even if SEED ANALYTICS have been advised of the possibility of such damages.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
Agreement and ecommunications
Formation and validity of this SEED ANALYTICS website agreement
You agree that:
You are at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein;
all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) of the ECT Act);
Time and Place of communication, dispatch and receipt
Data Messages (as per the ECT Act) sent from SEED ANALYTICS to you have been sent from SEED ANALYTICS place of business;
Data Messages sent from Us to you are deemed to be received by you when complete message are outside Our control (left the system of SEED ANALYTICS);
Data Messages from you to Us are deemed to be received by Us only when an authorised SEED ANALYTICS representative responds thereto (excluding an automated response). Such acknowledgement further does not give legal effect to that message, unless specifically indicated by Us that it does give legal effect to the Message;
Expression of intent
You acknowledge that all agreements, authorization or request under this agreement satisfies the “writing” requirement as per section 12 of the ECT Act;
For purposes of Electronic Communications between User and SEED ANALYTICS no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates your intent to be a party to this agreement.
Attribution of data messages to originator
You agree and warrant that the data message sent, from any computer or device that is owned by you or your employer or programmed by you or on your behalf, to Us was sent by you or a person that had authority to act on your behalf in respect of the data message.
There are no deliverables in terms of services or products available from the SEED ANALYTICS website, except the information as requested by the User by browsing the SEED ANALYTICS website. Therefore, section 44 of the ECT Act does not apply (no-cooling off period).
Suspension, breach & termination
We will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of the SEED ANALYTICS website. When a breach has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms and conditions constitutes a material breach, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the website.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
order for specific performance and damages; or
terminate this Agreement and claim damages; or
Institute criminal procedures where applicable and necessary;
Any other further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
All costs, charges and expenses of whatsoever nature which may be incurred by SEED ANALYTICS in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
General and miscellaneous
Sole record of agreement
These terms and conditions constitutes the sole record of the agreement between You, and/or where You are acting on behalf of your employer, Your employer and SEED ANALYTICS with regard to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
Changes to the terms and conditions
We may revise these terms and conditions at any time by amending these pages. You are expected to check these pages from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained herein may also be superseded by provisions or notices published elsewhere on the SEED ANALYTICS website.
No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
Survival of obligations
Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
If any one or more of the clauses of these terms and conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions is to be performed, including this clause :
That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;
The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these terms and conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.
Applicable and governing law
This Agreement and any matters arising there from or incidental thereto shall be governed by and dealt with in accordance with the laws of the Republic of South Africa. You hereby agree to the exclusive jurisdiction of the Western Cape High Court (Cape Town).