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Terms and Conditions

Last updated: 2023-08-29

GLOBETOM WEBSITE TERMS AND CONDITIONS

 

Preamble

The use of the Globetom website is subject to these terms and conditions. The terms and conditions apply to www.globetom.com and any other transactional portals that Globetom may launch and operate from time to time under the domain <portal>.globetom.com where <portal> provides a public cloud service portal in one of the Globetom market solution areas.

 

For ease of reference, the breakdown of the applicable Terms and Conditions:

 

Table of Contents

  1. Definition
  2. About Us
  3. License and Conditions
  4. Intellectual Property
  5. Further Disclosures
  6. Privacy and protection of personal information
  7. Security
  8. Limitation of Liability
  9. Agreement and eCommunications
  10. Refund/Cancellation Policy
  11. Termination
  12. Breach
  13. General
  14. Law and Jurisdiction

 

 

1 Definitions

 

1.1 “the Globetom website” means this website and all its pages and content, owned and operated by Globetom and located at www.globetom.com;

 

1.2 “Globetom” means Globetom International (Pty) Ltd and its group of companies listed in Section 2.

 

1.3 “Content” means, but not limited to text, graphics, icons, links and other similar material on the website;

 

1.4 “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;

 

1.5 “Intellectual Property” means copyright (including but not limited to literary-, artistic-, musical- work, photograph, sound recording, computer programs, artistic works), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets;

 

1.6 “POPIA” means the The Protection of Personal Information Act, Act No. 4 of 2013 (POPIA)

 

 

2 About Us

 

2.1 “Globetom Innovation (Pty) Ltd”

Registration Number: 2005/043241/07

Incorporation: A privately held company incorporated in terms of the company laws of the Republic of South Africa

Directors: Philip Stander and Marne Meades

Physical Address: Click here

Contact Details: Click here

Subject Business: International Information and Communications Technology Investment Holding

Shareholding: Privately held investment

 

2.2 “Globetom International (Pty) Ltd”

Registration Number: 2018/559331/07

Incorporation: A privately held company incorporated in terms of the company laws of the Republic of South Africa

Directors: Philip Stander, Marne Meades, Henning Viljoen and Jacques Karsten

Physical Address: Click here

Contact Details: Click here

Subject Business: Information and Communications Technology Investment Holding

Shareholding: Privately held investment

 

2.3 “Globetom Trading (Pty) Ltd”

Registration Number: 2002/008988/07

Incorporation: A privately held company incorporated in terms of the company laws of the Republic of South Africa

Directors: Philip Stander and Carl Thobane

Physical Address: Click here

Contact Details: Click here

Subject Business: South African ICT sector trading entity

Shareholding: Globetom Trading is a wholly owned subsidiary of Globetom Innovation as a South African ICT sector trading entity

 

2.4 “Globetom LLC”

Delaware File Number: 6558114

Incorporation: A Limited Liability Company incorporated in terms of the company laws of the United States of America, State of Delaware

Directors: John Brooks and Philip Stander

Physical Address: Click here

Contact Details: Click here

Subject Business: Information and Communications Technology Investment Holding

Shareholding: Privately held investment

 

 

3 License and License Conditions

 

3.1 Globetom and its subsidiaries (where subsidiary Content is available on the Globetom website) hereby grant the User a non-exclusive, non-transferable license, subject to the conditions below, to:

3.1.1 View / browse the Globetom website;

3.1.2 Use content for personal and non-commercial purposes only;

3.1.3 Copy, download and print the content of the Globetom website for purposes of   executing – or with the intention to execute a transaction between the User and Globetom or any of its agents

3.1.4 Use the software made available on the Globetom website only for purposes of obtaining content from the Globetom website;

 

3.2 License conditions:

3.2.1 Other than as agreed to above, the User may not use, copy, adapt, redistribute or modify the content or any part thereof or frame, “mirror”, data-mine or cache the Globetom 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 Globetom. 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 Globetom website;

3.2.2 User may not sublicense any of the content available from the Globetom website. User must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;

3.2.3 User may not assign, transfer or sublicense the rights pursuant to this Agreement;

3.2.4 User agrees to supervise all usage by minors (younger than 18 years of age) of this website under User’s name or account;

3.2.5 In all of the aforesaid licensed rights, Globetom must be acknowledged as the source of the material and the Globetom contact details must be reflected accordingly;

3.2.6 User may not use the Globetom website’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that are obscene, defamatory, racist or offensive of nature or may result in the infringement of intellectual property;

3.2.7 The User’s fair use and other rights are in no way affected by the above;

 

3.3 Hyperlinks to and from Globetom website

3.3.1 This Globetom website may contain links to other websites operated by third parties. Globetom does not endorse, or approve of the operators and/or owners of third party websites, or operate or control in any respect any of the information, graphics and material on those third party websites or guarantee that the website will be operation at all times;

3.3.2 Links to third party websites are included solely for the convenience of Users.  The User therefore assumes sole responsibility for the use of a third party website;

3.3.3 Globetom makes no warranties or representations:

3.3.3.1 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

3.3.3.2 that third party web site content does not infringe the intellectual property rights of any person.  Globetom is not authorising or endorsing or otherwise condoning the reproduction of third party web site content by linking to it.

3.3.4 Globetom expressly disclaims acting in any respect on behalf of third party web site operators and / or owners. Please note that third party sites may be subject to their own terms of use and privacy policies different from those of this site;

3.3.5 Hyperlinks to the Globetom Web Site will be allowed, subject to the following conditions:

3.3.5.1 Submit request to hyperlink to Globetom, reflecting the details of your organisation and particular website that will host the hyperlink to Globetom website;

3.3.5.2 On acceptance of your request you will receive a Linking Agreement to be signed and submitted to Globetom.  On receipt of this agreement we will forward you the necessary hyperlinks, logo(s), slogans etc.;

3.3.5.3 The Linking Agreement will stipulate the following terms and conditions:

3.3.5.3.1 The User will be authorised to link to, but not replicate, content contained in the Globetom’s web site;

3.3.5.3.2 The User may not present misleading or false information about Globetom’s – or any of its subsidiaries’ services or products;

3.3.5.3.3 The User may not imply that Globetom or any of its subsidiaries are endorsing or sponsoring the User’s website, or any services or products available from the web site containing the hyperlink;

3.3.5.3.4 The User may not use Globetom’s or any of its subsidiaries logos or trademarks without prior written permission from Globetom;

3.3.5.3.5 The User’s web site may not contain content that could be obscene, libellous, defamatory, pornographic of nature or inappropriate for all ages or contain materials that would violate any law;

3.3.5.3.6 Must agree that the link may be removed at any time upon Globetom’s or any of its subsidiaries request pursuant to Globetom’s reserved rights to rescind its consent to allow the link.

3.3.5.4 Authorisation to link to the Globetom website shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form between the User and Globetom or any of its subsidiaries nor authorise the User to incur any liability on behalf of Globetom or any of its subsidiaries;

 

 

4 Intellectual Property Rights

 

4.1 Intellectual Property on the Globetom website

a. The Globetom Intellectual Property (and that of its subsidiaries) available on the Globetom website may not be utilized outside the license terms as set out in section 3 under the website terms and conditions;

b. Intellectual Property of Globetom partners on the Globetom website may only be used according to the terms explicitly defined together with that Intellectual Property of the partner.

 

4.2 E-mail addresses, names, telephone numbers and fax numbers published on the Globetom 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 Globetom to utilise same.

 

4.3 Globetom would be pleased to consider requests for permission to disseminate or use Globetom 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) 12 003 0200 or info@globetom.com.

 

 

5 Additional Information to the User as Consumer

 

Further disclosure requirements to the User as consumer:

5.1 Prices of products and services:

5.1.1 No prices for services or products are quoted on the website, however for more information on pricing the User can go to Contact Us;

5.1.2 Access to the Globetom website is free

 

5.2 Platforms/Solutions

5.2.1 The main purpose of the Globetom website is to introduce the User to the Solutions and Platforms available from Globetom;

5.2.2 Platforms and Solutions available: click on ‘Platforms’ and ‘Solutions’ to view same;

5.2.3 The terms and conditions applicable to each service and / or product presented on the globetom website are available on request;

 

 

6 Privacy and Protection of Personal Information

 

Please refer to our Privacy and POPIA page for more information.

 

 

7 Security

 

Please refer to our Security page for more information.

 

 

8 Limitation of Liability

 

8.1 The Globetom website and all materials found on the website are intended for information purposes and provided “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;

8.2 Globetom further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the Globetom website. Globetom may make changes / amendments to the Globetom website, the policies, information described in the materials or content of these Terms and Conditions, at any time without notice.  Globetom reserves the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website.  Globetom makes no commitment to update the materials and may discontinue any part of the Globetom website or services or certain software or version of certain software for the utilisation of the Globetom website;

8.3 Globetom 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 Globetom website or performance of the Globetom website or non-performance of the Globetom website, i.e. Globetom website not available as a result of 3rd party service providers, maintenance, enhancements, events outside the control of Globetom or force majeure events, even if Globetom has been advised of the possibility of such damages;

 

 

9 Agreement and eCommunications

 

9.1 Formation and validity of this Globetom website agreement

The User agrees that:

9.1.1 the User is 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;

9.1.2 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);

 

9.2 Time and Place of communication, dispatch and receipt

9.2.1 Data Messages (as per the ECT Act) sent from Globetom to the User have been sent from Globetom’s place of business;

9.2.2 Data Messages sent from Globetom to the User are deemed to be received by the User when complete messages are outside the control of Globetom (left the system of Globetom);

9.2.3 Data Messages from the User to Globetom are deemed to be received by Globetom only when Globetom respond thereto.  Such acknowledgement does not give legal effect to a message, unless specifically indicated by Globetom that we do give legal effect to that message;

 

9.3 Expression of intent

9.3.1 The User acknowledges that all agreements, authorization or request under this agreement satisfy the “writing” requirement as per section 12 of the ECT Act;

9.3.2 For purposes of Electronic Communications between User and Globetom no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates the User’s intent to be a party to this agreement;

 

9.4 Attribution of data messages to originator

9.4.1 The User agrees and warrants that the data message sent, from any Computer or device that is owned by the User or the User’s employer or programmed by the User or on the User’s behalf, to Globetom, was sent by the User or a person that had authority to act on the User’s behalf in respect of the data message.

 

 

10 Refund / Cancellation Policy

 

10.1 There are no deliverables in terms of services or products available from the Globetom website, except the information as requested by the User by browsing the Globetom website.  Therefore, section 44 of the ECT Act does not apply (no-cooling off period).

 

 

11 Termination

 

These Terms and Conditions and the User’s access to the website may be terminated at any time by Globetom without notice. All restrictions, disclaimers and limitations of liability by Globetom will survive termination, however, the User will no longer be authorised to access the website.

 

 

12 Breach

 

12.1 If the User is in breach of the terms and conditions of this website, Globetom reserves the right to, without prejudice to any rights which it may have in terms  hereof or at law, to:

12.1.1 order for specific performance and damages; or

12.1.2 terminate this Agreement and claim damages; or

12.1.3 Institute criminal procedures where applicable and necessary;

12.2 All costs, charges and expenses of whatsoever nature which may be incurred by Globetom 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, the User, if the above rights are successfully enforced.

 

 

13 General and Miscellaneous

 

13.1 Sole record of agreement

These Terms and Conditions constitute the sole record of the agreement between the User and Globetom 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.

 

13.2 No amendments except in writing

13.2.1 Except for Globetom’s rights as per clause 8.2 above, no addition to, variation of, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the User and Globetom; and

13.2.2 No data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by User to Globetom shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties;

 

13.3 Waivers

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.

 

13.4 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.

 

13.5 Severability

If anyone 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:

13.5.1 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;

13.5.2 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.

 

 

14 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 and the parties submit to the exclusive jurisdiction of the Magistrates Court of Pretoria.