TERMS AND CONDITIONS FOR WWW.PLEXWARE.CO.ZA
These Terms and Conditions ("the Terms and Conditions") govern your ("the User")
use of the Plexware website at www.plexware.co.za ("the Website") and the use of all Plexware
Software Products ("the Software").
By accessing the Website and/or using the Software, the User agrees to
be bound by the Terms and Conditions set out in this legal notice. The User may
not access, display, use, download, and/or otherwise copy or distribute Content
obtained on the website for marketing and other purposes without the consent of
Plexware.
E-Commerce & Privacy
The Website allows Plexwares customers to pay for Software online.
The use of any of the Software bought from this Website is at the
purchaser's risk. The purchaser/ user indemnifies and holds Plexware
harmless against any loss, injury or damages which may be sustained as a result
of using the Software.
Download, installation and use of the Software is subject to the relevant end-user license
agreement ("License Terms"). The Software may not be copied, adapted, translated, made available,
distributed, varied, modified, disassembled, decompiled, reverse engineered or combined
with any other software, save to the extent that this is permitted in the License Terms.
The private information required for
executing the orders placed through the e-commerce facility, namely the User's
personal information and credit card details, delivery address and telephone
numbers will be kept in the strictest confidence by Plexware and not sold or
made known to third parties.
Plexware undertakes that it has taken all reasonable precautions to secure
the credit card processing that is carried out to receive payment for goods
sold. Plexware cannot be held responsible for security breaches occurring on
the User's electronic device (Personal Computer or other electronic device used
to browse the Website), which may result due to the lack of adequate virus
protection software or spyware that the User may inadvertently have installed on
his/her device.
Cancelled orders on the e-commerce facility will be refunded
after deduction of a 10% charge for administration costs provided no license has
been activated for the ordered Software. Plexware reserves the right to
cancel an order for which payment has already been received. Should Plexware
exercise this right, the User will receive a full refund with no deductions.
Electronic Communications
By using this Website or communicating
with Plexware by electronic means, the user consents and acknowledges that
any and all agreements, notices, disclosures, or any other communication
satisfies any legal requirement, including but not limited to the requirement
that such communications should be in writing.
Privacy: Casual Surfing
The User may visit the Website without
providing any personal information. The Website servers will in such instances
collect the IP address of the User computer, but not the email address or any
other distinguishing information. This information is aggregated to measure the
number of visits, average time spent at the Website, pages viewed, etc. Plexware
uses this information to determine use of the Website, and to improve Content
thereof. Plexware assumes no obligation to protect this information, and may
copy, distribute or otherwise use such information without limitation.
Updating of these Terms and Conditions
Plexware reserves the right to change,
modify, add to or remove from portions or the whole of these Terms and
Conditions from time to time. Changes to these Terms and Conditions will become
effective upon such changes being posted to this Website. It is the User's
obligation to periodically check these Terms and Conditions at the Website for
changes or updates. The User's continued use of this Website following the
posting of changes or updates will be considered notice of the User's acceptance
to abide by and be bound by these Terms and Conditions, including such changes
or updates.
Copyright and Intellectual Property Rights
Plexware provides certain
information at the Website. Content currently or anticipated to be displayed at
this Website is provided by Plexware, its affiliates and/or subsidiary, or any
other third party owners of such content, and includes but is not limited to
Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph
Films, Sound and Television Broadcasts, Program-Carrying Signals, Published
Editions and Computer Programs ("the Content"). All such proprietary works, and
the compilation of the proprietary works, are copyright Plexware, its
affiliates or subsidiary, or any other third party owner of such rights ("the
Owners"), and is protected by South African and international copyright laws.
Plexwares reserve the right to make any changes to the Website, the Content,
or to products and/or services offered through the Website at any times and
without notice. All rights in and to the Content is reserved and retained by the
Owners. Except as specified in these Terms and Conditions, the User is not
granted a license or any other right including without limitation under
Copyright, Trademark, Patent or other Intellectual Property Rights in or to the
Content.
Limited License to General Users
Plexware grants to the User, subject
to the further terms of these Terms and Conditions, a non-exclusive,
non-transferable, limited and revocable right to access, display, use, download
and otherwise copy the current and future Content for personal, non-commercial
and information purposes only. This Website and the Content may not be
reproduced, duplicated, copied, resold, visited or otherwise exploited for any
commercial purpose without the express prior written consent of Plexware. The
license does not allow the User to collect product or service listings,
descriptions or other information displayed here, and does not allow any
derivative use of this Website or the Content for the benefit of another
merchant. The User may not frame nor use framing technologies to enclose the
Plexware Website or the Content nor any part thereof without the express written
consent of Plexware. Plexware and the Owners do not offer products or services
to minors. If you are under the age of 18, you may not respond to or otherwise
accept or act upon any offers in the Website. Plexware and the Owners, their
affiliates or subsidiary reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion. Any
unauthorised use terminates this license.
Limitation of liability
The Website
and all Content on the Website, including any current or future offer of
products or services, are provided on an "as is" basis, and may include
inaccuracies or typographical errors. The Owners make no warranty or
representation as to the availability, accuracy or completeness of the Content.
Neither Plexware nor any holding company, affiliate or subsidiary of Plexware,
shall be held responsible for any direct or indirect special, consequential or
other damage of any kind whatsoever suffered or incurred, related to the use of,
or the inability to access or use the Content or the Website or any
functionality thereof, or of any linked website, even if Plexware is expressly
advised thereof.
Choice of Law
This Website is controlled, operated and administered by Plexware from its
offices within the Republic of South Africa. Access to the Website from
territories or countries where the Content or purchase of the products sold on
the Website is illegal is prohibited. The User 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. These Terms and Conditions shall be governed
by the laws of the Republic of South Africa, and the User consents to the
jurisdiction of the Witwatersrand High Court in the event of any dispute. If any
of the provisions of these Terms and Conditions are found by a court of
competent jurisdiction to be invalid or unenforceable, that provision shall be
enforced to the maximum extent permissible so as to give effect to the intent of
these Terms and Conditions, and the remainder of these Terms and Conditions
shall continue in full force and effect.
Entire Agreement
These Terms and
Conditions constitute the entire agreement between Plexware and the User
with regard to the use of the Content and this Website.
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