This agreement is between Pivot Mining Consultants (Pty) Ltd (referred to as “us”, “our” or “we” in these terms, which expressions shall include, where the context so admits, any other relevant subsidiaries of Pivot Mining Consultants (Pty) Ltd or joint venture companies in which Pivot Mining Consultants (Pty) Ltd directly or indirectly holds shares) and the visitors to our website (referred to as “you” or “your” in these terms).
In consideration of our making available this website for your use, you accept the terms of this agreement by your use of this website.
1. Who we are:
This website is controlled by Pivot Mining Consultants (Pty) Ltd, a company incorporated under South African Law under company registration number 2006/030152/07.
Registered office address:
Block D ,Sommerset Office Estate
604 Kudu Street
Postnet Suite 160
Pvt Bag X09
2. Website Terms and Conditions of Use:
- If you are under the age of 18, you must obtain your parents & or legal guardians advance authorisation, permission and consent to be bound by these terms before purchasing any products or services, if applicable.
- If there is anything in these terms that you do not understand then please contact us as soon as possible. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
3. Intellectual property:
Our website and all of the related pages – including but not limited to content, software, source code/s, graphics, all designs, trademarks, logos, technology, data, systems, methods, trade names, trade secrets, styles, insignia, copyright, patents, text and images or other material contained in or electronically distributed on this website and all similar proprietary rights which may subsist in any part of the world, whether registered or unregistered are the intellectual property of us, our affiliates or third-parties – which is owned by us or licensed to us and is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of the owner is strictly prohibited.
4. Copyright and use of material:
- We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only, and not for any commercial purpose whatsoever. You are responsible for acting in compliance at all times with all applicable copyright laws.
- In particular, notwithstanding the provisions of paragraph 1 above, you may not do any of the following without obtaining prior express written permission from us:
- Reproduce, copy, redistribute, modify, adapt or vary any of the content contained on our website.
- Remove any copyright, trademark or intellectual property right notices from any copies of the content.
- Create a database in electronic or structured manual form by systematically downloading and storing all or any of the content from our website.
- The use of material from the website in any manner or for any purpose which is unlawful or in any manner which violates any right of Pivot Mining Consultants (Pty) Ltd is strictly prohibited.
- 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.
- By submitting reviews, comments and/or any other content (other than your personal information) to us for posting on the website, you automatically grant us and our affiliates a non-exclusive, loyalty free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-licence, 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 contents. Subject to this licence, you retain any and all rights that may exist in such content.
- You agree not to 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. Operation of the Website:
- We reserve the right to suspend, discontinue or terminate the operation of the website at any time for the purposes of support and maintenance or to update or improve the information contained on the website. We are not obliged to give any notice of such termination, discontinuation or suspension.
- We reserve the right to change and amend the products, prices and rates quoted on this website, if any, from time to time without notice.
- We may use the services of third parties to provide information on the website. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agree that such information is provided “as is” and that we and our 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.
6. Links to third party sites:
- The website may contain links to third-party websites. These linked websites are not under our control and, to the extent allowed by law, we accept no responsibility for or liability arising from access to, or the information provided on, any website which is linked from the website, or any hyperlink contained in a linked website.
- The above wording will limit and exclude obligations, liabilities and legal responsibilities of Pivot Mining Consultants (Pty) Ltd , and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
- The fact that the website contains a link to or from a third party website does not imply that there is any affiliation between Pivot Mining Consultants (Pty) Ltd and the third party website, nor that Pivot Mining Consultants (Pty) Ltd or its employees endorse the third party website. The linking website may not in any way imply that Pivot Mining Consultants (Pty) Ltd or any of its employees recommend or endorse any of the linked site products or services.
- You agree that we shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a link 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 this website. Any dealings that you may have with any linked websites, including advertisers, found on this website, are solely between you and the third party website.
- We do not warrant or guarantee, express or implied, any information contained on this website or on any website to which it is linked.
- We make no representations or warranties concerning the accuracy, completeness, reliability or suitability for any purpose of the information, and related graphics contained on this website or on any website to which it is linked, or that such information is up-to-date.
- We do not warrant that our website, any website to which this website may be linked, or any relevant servers, are free of computer viruses or other harmful applications.
- We do not warrant that the information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, before purchasing any products or services, if applicable.
8. Use of information:
You agree that we may collect, store and use information about you in accordance with our privacy statement.
- Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
- Your use of our services signifies your consent to us collecting and using your personal information as specified below.
- How we collect information about you
All our subscription services require a registration process that is either handled by a sales representative or online registration. During registration you will be asked for the necessary unique security information that will include your name, surname, phone number and e-mail address.
Depending on the service, additional information might be required e.g. postal address, fax number etc.
- How we use your information
All the client information is stored on our internal user database. These details are used for internal billing and accounting functions. This information may also be used:
- to confirm receipt of reports; to validate you as a client when using our services and on contacting us;
- to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; or
- to contact you to form part of our voluntary consumer panel or various research groups.
- to distribute corporate news and website newsletters to you, if you have approved such distribution.
- How long do we keep your information for?
The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
- Disclosing your information to third parties
We may provide aggregate statistics about our sales, customers, research and other website information to third parties, but these statistics will not include any information that could identify you, unless you have consented thereto.
These cookies collect client and session information and will allow us to recognise you as a client and provide you with the service you require for the duration of the website session.
- How can you refuse or opt out of cookies?
Your browser is set by default to accept cookies, but the browser settings can be altered to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
The onus is on you to ensure that you have configured your browser as per your personal preference.
- How can you manage your privacy preferences?
The online services contain a profile management section where you can modify your own details. In cases where services are managed by a sales representative, a request will need to be raised.
- In order to ensure the security and reliable operation of the services to all our users, we hereby reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of our network and back-office applications.
- You may not utilise the website in any manner which may compromise the security of our 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 delivery 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 held criminally liable. Further, should we suffer any damage or loss, civil damages shall be claimed by us against the user.
- Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.
11. Compliance with section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
- Full name: Pivot Mining Consultants (Pty) Ltd
- Registration number: 2006/030152/07
- Physical address: Block D Sommerset Office estate , 604 Kudu street Allens nek, Roodepoort,1709
- Fax number: +27 11 679 3272
- Telephone number: +27 11 679 3331
- Website address: www.pivotmining.co.za
- E-mail address: firstname.lastname@example.org
- Names of office bearers: JL Draper ,KG Lomberg and JG Bornman
12. Limitation of liability:
- 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.
- Your use of this website is dependent on factors beyond our control, such as the network coverage or availability of your Internet Service Provider’s availability. We are not liable for any loss or damages you may suffer if a factor beyond our control arises, and you cannot access this website.
- You use this website entirely at your own risk. You are fully responsible for any loss or damage that may result from you using or not being able to use this website or any of its content, information.
- We (including our owners, agents, consultants, employees and any affiliated person) are not responsible for any loss or damages related to your direct or indirect use of this website. This includes, without limitation, any, special, incidental, consequential or punitive damages in terms of any contract, delict (breach of a duty of care), law, for any loss of profit, business, contracts or revenues and even if we were expressly told that any loss or damage was possible.
- If you enter our website, you agree that this paragraph (12) relating to limitation of liability is reasonable, and that it reflects the nature of our website.
You hereby unconditionally and irrevocably indemnify us and agree to hold us free from all loss, damages, claims and/or cost, of whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect result of your use of the website and/or breach of any of the provisions of these terms.
If any term/s of this agreement is held by any competent authority to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms of this agreement.
If we do not exercise any right under the terms of this agreement, then that shall not constitute a waiver of that right.
16. Applicable law and jurisdiction:
Your use of this website and any downloads from it, and the operation of this agreement, shall be governed by and construed in accordance with the laws of the Republic of South Africa, and any dispute arising out of or in connection with your use of this website shall be subject to the exclusive jurisdiction of the Courts of South Africa.
- Pivot Mining Consultants (Pty) Ltd (Hereinafter referred to as The Company) endeavours to ensure the accuracy and reliability of the website and the content, materials and products included and available on the website, but because of the possibility of human and mechanical error as well as other factors, to the extent allowed by law, we do not, whether expressly, tacitly or implicitly, represent, warrant or in any other way guarantee the availability, truth, accuracy, completeness or reliability of such information or that it is always up to date or that your access to the website will be uninterrupted or error-free.
- To the extent allowed by law, you must be satisfied that you may lawfully access the website, read the pages and/or act upon the material contained in the pages, and we accept no responsibility for your unauthorised access or actions in respect of these matters. The above wording will limit and excludes obligations, liabilities and legal responsibilities of The Company, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
18. Third parties:
To the extent that this website is published or hosted by a third party on our behalf, such third party will not be responsible for the accuracy of its contents.
- While Pivot Mining Consultants (Pty) Ltd has endeavoured to ensure that all information provided on the Pivot Mining Consultants (Pty) Ltd website is accurate and up-to-date, Pivot Mining Consultants (Pty) Ltd takes no responsibility for any error or omission relating to this information.
- To the maximum extent permitted by law, Pivot Mining Consultants (Pty) Ltd will not be liable for any cost, loss or damage suffered by you through your use of Pivot Mining Consultants (Pty) Ltd websites or the failure of Pivot Mining Consultants (Pty) Ltd in providing access to these websites or information updates.
20. Compliance with Laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this website.
The headnotes 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.