By using the RAMAC service, which includes the use of a website based portal (referred to as the “RAMAC Portal” and/or the “Services”) and/or the use of a mobile phone application (referred to as the “RAMAC App” and/or the “Services”) and/or any other service (the “Services”) offered by G-Matrix Systems (Pty) Ltd (“G-Matrix”), you accept the following terms and conditions (the “Terms”) in full and agree to abide by them.
TICK BOX - I have read and agreed to the following Terms.
Subject to the terms and conditions of any agreement regulating the delivery of the Services by G-Matrix to you, if you do not agree to these Terms please refrain from using the Services.
1. Any reference in the Terms to “you” or “your” means you as a user of the Services.
2. Any reference to the singular is to be interpreted to include the plural.
3. Any reference to one gender is to be interpreted as a reference to the other genders.
4. Any reference in this to a natural person includes a legal entity (including a trust) and vice versa.
5. The headings are for reference only and they shall not affect the interpretation of these Terms.
6. When any number of days are prescribed, they shall be calculated exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business day, in which case the last day shall be the next succeeding Business day.
7. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any person, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision of these Terms.
8. G-Matrix may update these Terms from time to time. By continuing to use the Services after G-Matrix has modified these Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease and refrain from using the Services.
9. These Terms apply to the use of the Services which includes the RAMAC Portal and/or the RAMAC App and extend to any linked third-party sites or to any other linked G-Matrix websites.
10. You may not use the Services in any way that violates any applicable local, national, or international law or regulation, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, and any laws, rules, and regulations governing the export of commodities or technical data.
11. You may not act in a manner to interfere with or disrupt the ordinary operation of the Services, including, without limitation, through the use of viruses, worms, Trojan horses, denial-of-services attacks, or other forms of harmful computer code.
12. The Services are provided on an ‘as is’ and ‘as available’ basis.
13. To the full extent permissible by applicable law, G-Matrix disclaims all warranties regarding the Services, express or implied. Including but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, or non-infringement. G-Matrix makes no representations or warranty that the Services will meet your requirements, or that use of the Services will be uninterrupted, timely, secure, or error free; nor does G-Matrix make any representation or warranty as to the results that may be obtained from the use of the Services.
14. To the extent permitted by law, in no event shall G-Matrix be liable for any direct, indirect, incidental, special or consequential damages, howsoever caused and whether or not such losses are foreseeable, even if that party has been advised (or is otherwise aware) of the possibility of such losses in advance, including, but not limited to, damages for loss of profits, loss of orders, loss of goodwill, of revenue, loss of data, cost of procurement of substitute goods or services, loss resulting from damage to image or reputation, or other intangible losses, resulting from:
15. G-Matrix is not responsible for the content of any website linked to the G-Matrix website which includes the RAMAC Portal and/or the RAMAC App mobile application or Service.
16. You acknowledge that your use of the Service is at your sole risk.
17. G-Matrix is hereby indemnified and held harmless by you from and against any and all claims, actions, demands, damages, costs and expenses, including attorneys' fees, arising from or related to your use or misuse of the Services, including, without limitation, your violation of these Terms, the infringement by you, or any other user of your account, of any intellectual property right or other right of any third party.
18. Failure by either Party to enforce any provision of these Terms, whether permanently or temporarily, shall under no circumstance be construed as a waiver of the rights of the said Party.
19. If any one of the provisions of these Terms was to be declared or considered as invalid or non-binding for any reason whatsoever, its invalidity shall not affect the validity or mandatory force of the other provisions included in these Terms, in as much as the invalidity of the clause in question shall not modify the essential subject of these Terms. In such case, the Parties agree to replace the cancelled clause by further compliant provisions in order that the Parties' rights and obligations are not substantially modified.
20. You shall not assign, transfer, novate, encumber or sub-contract any of your rights and obligations under these Terms without prior written consent. G-Matrix may freely assign, transfer, encumber or sub-contract any or all its rights and obligations under these Terms.
21. These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa. The Parties consent to the exclusive jurisdiction of the Courts of South Africa for any dispute arising out of or related to these Terms.
PRIVACY AND COOKIES POLICY
22. This Privacy and Cookies Policy is intended to inform you about how G-Matrix treats personal information it collects from you. G-Matrix may update this Privacy and Cookies Policy from time to time. By continuing to use the Services and/or the RAMAC Portal and/or the RAMAC App and/or any other G-Matrix after it has modified the Privacy and Cookies Policy, you are indicating that you agree to be bound by the modified Privacy and Cookies Policy. Subject to the terms and conditions of any agreement regulating the delivery of the Services by G-Matrix to you, if this Privacy and Cookies Policy is not acceptable to you, please cease using the Service. Read this Privacy and Cookies Policy carefully and review the relevant pages regularly.
23. Personal information means any information relating to a natural or juristic person who is or can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to this person. To access the Service, you will need to register on the RAMAC Portal and / or the RAMAC App and or the G-Matrix website. While creating an account and your profile (and/or updating your account and your profile), or when sending a request to G-Matrix, we may receive personal information about you. This may consist of information such as your last name, your first name, the name of your company you work for, your position within this company, your email address, your contact numbers, as well as information collected about your use of the Service. G-Matrix also receives, stores and processes personal information that you make available when accessing or using the Service.
24. G-Matrix may also receive, store and process log data, which is information that is automatically recorded whenever you access or use the RAMAC Portal and/or the RAMAC App and or the G-Matrix website, regardless of whether you are a registered user or logged in to your account, such as your IP Address, the date and time you access or use the Services, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.
26. G-Matrix will use your personal information for several purposes including the following:
27. G-Matrix may also use, process and disclose aggregated information (which is personal information about you that G-Matrix anonymizes and combines together so that it no longer identifies or references an individual user), in particular for marketing, strategic development and analytical purposes.
28. The functionality of the Services allows you to contact and interact with other members within your team or ours or individuals involved in the execution of our Services to you. Within this framework, G-Matrix may, either directly or through a third party, review, scan, or analyse your communications with those members exchanged via our Services for investigation, compliance with the Terms and customer support purposes. G-Matrix will use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using such Services, you consent that G-Matrix, in its sole discretion, may, either directly or through third party companies review, scan, analyse, and store your communications, whether done manually or through automated means.
29. G-Matrix will keep your information confidential except where disclosure is required or permitted by law or as described below:
30. A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer’s web browser from a website and is stored on your computer’s hard drive. The Services can send its own cookie to your web browser if your browser's preferences allow it. You can use the settings within the browser to control the cookies that are set on the computer. Information supplied by cookies can help G-Matrix analyse the profile of users of our Services and help us to provide you with a better user experience. G-Matrix uses this type of information to help improve the Services it provides to its users. Please note that during your visits to our websites which includes the RAMAC Portal and/or the RAMAC App, you may notice some cookies that are not related to G-Matrix. Cookies can be created by our website which includes the RAMAC Portal and/or the RAMAC App or come from third-party websites. G-Matrix does not control the dissemination of these cookies and you should check the relevant third party's website for more information. If you wish to control what cookies are set on your device through G-Matrix websites which includes the RAMAC Portal and/or the RAMAC App, then you can find out how to do this on your browser. You acknowledge that if you change your settings and block certain cookies, this means that certain features of our Services cannot then be provided and accordingly you may not be able to take full advantage of all of the Service features. Your web browser may also provide G-Matrix with information about your computer, such as your IP address and details about the browser that you are using and your mobile phone may also provide G-Matrix with information such as your mobile device’s IMEI number. G-Matrix uses information provided by your browser or by the link that you have clicked to understand the webpage that directed you to our websites which includes the RAMAC Portal and/or the RAMAC App and this may be captured by performance cookies.