WEBSITE TERMS OF USE

Last updated: October 4, 2021

THIS IS AN IMPORTANT LEGAL DOCUMENT. PLEASE READ IT CAREFULLY.

These terms of use (“Terms of Use”) shall apply to the access and use of Data Prophet Proprietary Limited and its subsidiaries’ (each hereinafter, “we”, “us”, “our” or “DataProphet”) website (“Website”) and should be interpreted together with the Privacy Policy and PAIA Manual.

1. INTERPRETATION
   1. In these Terms of Use, the words set out hereunder will have the following meanings:
      1. “PAIA” – the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);
      2. “PAIA Manual” – the PAIA manual of DataProphet from time to time, as published on the Website;
      3. “Personal Information” – has the meaning specified in POPIA;
      4. “POPIA” – the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);
      5. “Privacy Policy” – the DataProphet’s privacy policy from time to time, as published on the Website; 
      6. “Processing” – has the meaning specified in POPIA, and “Process” shall have a corresponding meaning; and
      7. “South Africa” – the Republic of South Africa.
2. INTRODUCTION
   1. DataProphet, through its respective group entities, provides AI-as-a-Service and other machine learning solutions across several markets. The Website, as regulated by these Terms of Use, therefore serves to provide general information regarding DataProphet and its business.
3. ACCEPTANCE
   1. By accessing or using the Website, you agree to, and accept, these Terms of Use. If you have any objection to these Terms and Conditions, then you must not access or use the Website.
4. WEBSITE USE
   1. The information on the Website is intended to serve as general information regarding DataProphet and its business and is made available for non-commercial and personal use only.
   2. No information on the Website shall be deemed to constitute any form of advice, or solicitation, offer or invitation to do business, unless specifically stated otherwise. 
   3. You may not, in any manner whatsoever, compromise or interfere with the Website (including the access or use thereof) or take any action which seeks to do so. You must refrain from any illegal activity in connection with the Website, and only access or use the Website as provided for in these Terms of Use and as permitted by the applicable laws.
   4. We reserve the right to limit, suspend or terminate any Website access or use, at any time.
5. OWNERSHIP
   1. The information, data, and content on the Website (including, all materials, resources, and publications) is subject to copyright vesting in, or licensed to, DataProphet and may not be used, copied, or reproduced in any manner, save for the purpose of non-commercial and personal informational use. All DataProphet’s rights in this regard are reserved.
   2. You may not infringe any intellectual property or rights of DataProphet, or the relevant licensor, in connection with the Website (whether by copy, reproduction distribution, reverse-engineering, licence, sale or otherwise), which you acknowledge is subject to protection by law. 
6. THIRD PARTY WEBSITES
   1. Third party links or applications (“Third Party Websites”), which are accessible on the Website, are only for convenience and do not signify any affiliation or endorsement by the DataProphet, and no responsibility is assumed by DataProphet in respect thereof.
   2. The access or use of any Third Party Websites is entirely at your own risk, and we will not be liable for any loss or harm arising from, or in connection with, your access or use thereof.
7. NO WARRANTIES
   1. DataProphet provides no warranties, and makes no representations, whether express or implied in connection with the Website or the information or data associated therewith, or the use, suitability, quality, integrity, accuracy, or completeness thereof.
   2. DataProphet, despite reasonable efforts, cannot guarantee the availability of the Website, or that the Website (or the information or data in respect thereof) will be free of any interference, interception, compromise, or corruption which may take various forms including, but not limited to, viruses, hacking, phishing, spoofing, trojans, ransomware or other forms.
8. YOUR REPRESENTATIONS
   1. You warrant and represent that: (i) you are who represent to be; (ii) any information or data provided by you is true and accurate; and (iii) you are not engaging in any illegal activity in connection with the Website.
9. PRIVACY
   1. Your privacy is important to us. We will Process the Personal Information provided by you in accordance with our Privacy Policy, which you consent to by accessing or using the Website.
10. LIMITATION OF LIABILITY
    1. DataProphet (including its directors, employees, contractors, or agents), to the fullest extent permissible by law, will not be liable for any claims, damages or losses arising from or in connection with the Website, including any use thereof or the reliance on any information published thereon. DataProphet disclaims and excludes any liability and responsibility.
11. INDEMNITY
    1. Without prejudice to any rights or remedies of DataProphet pursuant to these Terms of Use or at law, you hereby indemnify DataProphet for any claims, damages, or losses (including costs and expenses) of whatsoever nature arising from, or in connection with, your use or access of the Website or any Third Party Websites.
12. USE OF COOKIES AND OTHER TECHNOLOGIES
    1. We may use cookies on the Website to ensure the proper functioning thereof, and to monitor performance and analytics, to provide enhanced functionality, targeting and marketing content, to collect data, save preferences, and to improve your future visits and general usage experience. These cookies are downloaded on, and read from, your device.
    2. You may refuse to accept cookies by changing your browser settings or otherwise denying cookie access, this may, however, prevent you from fully accessing the Website functionality.
    3. We may use other technologies, including web beacons and JavaScript, which sometimes work together with cookies and other means with our Website and mobile apps to uniquely identify your device, provide analytics or facilitate an enhanced engagement experience. These other technologies help enable and improve features on our Website and within our mobile apps. 
13. PAIA MANUAL
    1. Any requests for access to information in connection with DataProphet will be subject to our PAIA Manual, a copy of which is available on the Website or on written request. 
14. GROUP ENTITIES & OTHER JURISDICTIONS
    1. These Terms of Use will apply in respect of the relevant DataProphet group entity which makes the Website available and any reference to “DataProphet” shall be construed accordingly. If the Website is made available by a DataProphet group entity incorporated in any jurisdiction, other than South Africa, then these Terms of Use shall (save to the extent of any irreconcilable conflict) be construed in accordance with the laws of such jurisdiction and any DataProphet policies enacted in respect thereof from time to time.
15. CHANGES
    1. We reserve the right to amend these Terms of Use from time to time, and a copy of any such amended Terms of Use will be published on the Website. The version of these Terms of Use accessible on the Website from time to time will apply to you, and if you continue to engage with us or access the Website you will be deemed to have accepted such updated Terms of Use. 
16. GOVERNING LAW
    1. The access and use of the Website will in all respects be governed by, and construed in accordance with, the laws of South Africa, and you hereby submit yourself to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Division for all matters arising from or in connection herewith. 
17. GENERAL
    1. These Terms of Use constitute the entire agreement between you and DataProphet in relation to the subject matter hereof, and we will not be bound by any undertakings, representations, stipulations, warranties, promises, guarantees or the like not recorded herein. 
    2. Any provision in these Terms of Use, which is or may become illegal, invalid, or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance hereof, without invalidating the remaining provisions of these Terms of Use.
    3. No indulgence or extension of time which may be granted by us in respect hereof shall constitute a waiver of or, whether by estoppel or otherwise, limit any existing or other rights.
    4. Our contact information is available on the Website.