The following definitions apply to these Terms:
1.1. “Applicable Data Protection Laws” shall mean all legislation, regulations or guidance notes in the Republic of South Africa protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the Processing of Personal Information, including South Africa’s Protection of Personal Information Act 4 of 2013 (POPIA) and the Promotion of Access to Information Act 2 of 2000 (“PAIA”);
1.2. “Consent” shall mean any voluntary, specific, and informed expression of will to be bound by these Terms. Such expression may be tacit through Your continued use of the Website, however when submitting Personal Information, Your consent is explicit through clicking “I accept” or “I Agree” on any prompt to these Terms;
1.3. “Electronic Signatures” shall mean data attached to, incorporated in. or logically associated with other data and which is intended by the user to serve as a signature, as defined in the Electronic Communications and Transactions Act 25 of 2002;
1.4. “Greyboat” shall mean Greyboat Software Solutions CC, a closed corporation incorporated in accordance with the laws of the Republic of South Africa.
1.5. “Intellectual Property” shall mean copyrights, all rights conferred under statute, common law or equity in relation to all inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, circuit layouts, trade secrets, and confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including all rights to apply for any of the above;
1.6. “Personal Information” shall mean information relating to an identifiable, living, natural person and where it is applicable, to an identifiable, existing juristic person, including but not limited to information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- information relating to the education or the medical, financial, criminal or employment history of the person;
- an identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other particular assignment to the person;
- the biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about the person; and
- the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.
1.7. “Services” shall mean the Services offered by Greyboat and detailed in the Services tab of the Website;
1.8. “Terms” shall mean these Terms and Conditions of Usage relevant to the Greyboat Website;
1.9. “Third-Party/ies” shall mean any other natural or juristic person that is not You, the User, or Ourselves.
1.10. “User” shall mean You, the visitor to the Website;
1.11. “Website” shall mean the Greyboat Website available at https://greyboat.io
2. USE OF THE WEBSITE
2.1. Your usage of the Website constitutes Your acceptance of these Terms and Your resultant obligations towards Greyboat, the owner of the Website. If You do not agree to the Terms, You are not authorised to use the Website. You are encouraged to contact Our Information Officer at email@example.com should You have any questions regarding these Terms.
2.2. By accessing these Terms and using the Website, You represent that You are over the age of 18 (eighteen) and have the legal capacity to accept these Terms Yourself or on behalf of any party You represent in connection with Your use of the Website.
2.4. You may not use the Website for any purpose that is unlawful or prohibited by these Terms, any applicable amended Terms & Conditions, or any other conditions or notices that are made available on the Website. Unauthorised use of this Website may result in Greyboat instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
2.5. You may terminate these Terms by ceasing use of the Website if You do not agree to the Terms or any alteration thereto. Your continued use of the Website after amended Terms & Conditions are effective is evidence of the fact that You have read, understood and agreed to those amended Terms & Conditions.
2.6. Greyboat reserves the right to withdraw or amend the Website without notice.
3. ELECTRONIC SIGNATURES
4. ACCEPTABLE USE
4.1. Your usage of the Website constitutes Your acceptance of these Terms and Your resultant obligations towards Greyboat, the owner of the Website. If You do not agree to these Terms, You are not authorized to use the Website. You are encouraged to contact Our Information Officer should You have any questions regarding these Terms. We encourage open communication with You in all respects concerning Your Personal Information.
4.2. To the best of Our knowledge, We do not Process Personal information of children and this Website is not intended for use by children. Therefore, by accessing these Terms and using the Website, You warrant that You are over the age of 18 (eighteen) and have the legal capacity to accept these Terms Yourself or on behalf of any party You represent in connection with Your use of the Website.
4.3. By accessing these Terms and using the Website, You warrant that You are the person to Whom the Personal Information relates, which information is collected through Your use if this Website.
4.5. You may not use the Website for any purpose that is unlawful or prohibited by these Terms, any applicable amended Terms & Conditions, or any other conditions or notices that are made available on the Website. Unauthorized use of this Website may result in Greyboat instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
4.6. You may terminate these Terms by ceasing use of the Website if You do not agree to the Terms or any alteration thereto. Your continued use of the Website after amended Terms & Conditions are effective is evidence of the fact that You have read, understood and agreed to those amended Terms & Conditions.
4.7. Greyboat reserves the right to withdraw or amend the Website without notice.
4.8. Every effort is made to ensure that the Website is operational. However, We take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond Our control.
4.9. We make no warranty that access to the Website will be uninterrupted. We may carry out maintenance or introduce new facilities and functions from time to time. You agree and accept that as a result, specific interruptions, and unavailability of the Website and/or service may occur.
5. IMPERMISSIBLE USE
5.1. When using the Website, Users agree not to do any of the following:
5.1.1. Use the Website in any way, or to any effect, that is fraudulent or that breaches any law or regulation. See section 10 below for more information on accessing the Website from countries other than South Africa;
5.1.2. Use or transfer content on the Website that You do not have the right to use or transfer under intellectual property, confidentiality, privacy or other Applicable Data Protection Laws;
5.1.3. Use or transfer content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that infringes any requirements, procedures, policies or regulations of networks connected to the Website;
5.1.4. Use or attempt to use another’s Personal Information in any way that You are not authorised to under the Applicable Data Protection Laws, and/or without obtaining that other person’s consent for such use;
5.1.5. To gain or attempt to gain unauthorized access to any part of the Website. This includes the use of any malicious or damaging software (such as viruses, trojans and worms) in order to gain or attempt to gain unauthorized access to any part of the Website.
5.1.6. Use any means to bypass any information security or other measures We use to restrict access or use of the Website for the purposes of ensuring the integrity and confidentiality if the Personal Information under Our control;
5.1.7. The POPIA requires Us to obtain consent to Process Personal Information directly from the Data Subject to whom the Personal Information relates. You therefore, warrant that You will not impersonate another person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity. Should You use the Personal Information of another person, You warrant that You have obtained that person’s consent to do so or that You are otherwise authorised to use the Personal Information by visiting and/or submitting such Personal Information through the Website.
5.1.8. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
5.1.9. Attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
5.1.10. Interfere with any other’s use and enjoyment of the Website.
5.1.11. Use, remove or attempt to use or remove any copyright, trademark or any other Intellectual Property on the Website.
5.2. If You breach these Terms, Your permission to use the Website terminates immediately.
6. THE WEBSITE
6.1. The Website is owned by Greyboat and is used by Us to keep You informed of Our organisation, Services and clients as well as information on how to contact Us.
6.2. The Website is divided into tabs into the following Tabs:
The homepage is the landing page You will see when first visiting the Website. On the homepage You will be informed of Our cookie notice. You may navigate Our Services, portfolio creations or navigate to other tabs. The homepage contains an “EMAIL US” button that hyperlinks to Your email provider to contact us.
6.2.2. About Us:
The About Us tab provides You with Information concerning Greyboat and who We are, including Our purpose, values and mission.
6.2.3. Our Services:
The services tab provides You with detailed information on Our Services. We also inform You of Our current technology partners.
6.2.4. Contact Us:
The Contact Us tab provides You with information on how to contact Our offices. Alternatively, You may elect to complete a contact-us form and We will respond to You.
7.2. In the event that You elect to submit Personal Information through the Website, such information will be handled in accordance with the Applicable Data Protection Laws in South Africa.
7.3. If We are required to provide a Third-Party with Your Personal Information (whether by subpoena or otherwise), then We will use reasonable means to notify You promptly of that event (on condition that We have collected and retained an email address for You) unless such notification is prohibited by law or We are otherwise advised not to notify You by legal counsel.
8. OUR INFORMATION OFFICER
8.1. The Protection of Personal information Act, 2013 (“POPIA”) places a duty on Us to appoint an Information Officer.
8.2. We have appointed Our Directors as Our Information Officer. Their contact details are:
8.3. Their duties under the Applicable Data Protection Laws are:
8.3.1. Liaising with You when You have a question about Your Personal Information;
8.3.2. Assisting You with any requests and enforcing Your rights in respect of Your Personal Information;
8.4. In the event that You wish to enforce any of the above rights, You can request this by emailing Us firstname.lastname@example.org. Furthermore, You also have the right to lodge a complaint with the South African Information Regulator.
9. INTELLECTUAL PROPERTY
9.1. All rights in the Website and the content on the Website including copyright, design rights, database rights, trade marks, patents, inventions, knowhow, source codes and any other intellectual property rights in any of the foregoing are reserved for Greyboat and/or where applicable, Our clients and technology partners including Third Party licensors.
9.2. Greyboat’s logo displayed is subject to copyright protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent.
9.3. The Website contained the logos of Our clients and technology partners. These logos are subject to copyright protection and may not be copied for commercial use or distribution, nor may they be modified or reposted on other websites without the written consent or the applicable copyright owner.
9.4. The Website may contain further text, images, graphics, that are subject to the copyright of Third-Parties and You agree not to use such materials in a manner that violates the rights of such Third-Parties.
9.5. You may not (and may not authorise another party to): frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a user the impression that You or a Third-Party has the right to display, publish or distribute the Website.
9.6. No license to Greyboat’s Intellectual Property or the Intellectual Property of Third-Parties has been granted to You unless otherwise indicated.
9.7. You may view, download and print content from the Website for information purposes only.
9.8. You may not modify the paper or digital copies of any materials You have printed or downloaded from the Website.
9.9. You may not use any part of materials on this Website for commercial purposes without obtaining a license from Greyboat or where applicable, Our licensors to do so.
10.1. This Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information to You. Such links do not signify that Greyboat endorses the website(s) linked to this Website. You agree that We shall have no responsibility or bear no liability in relation to the content of the linked website(s). Content hosted on Third-Party websites is the responsibility of those websites, and not of Greyboat
10.2. You may not create a link to the Website from another website or document without prior written consent from Us. We reserve the right to withdraw linking permission without notice. The website from which the link originates must comply with the content standards set out in ‘Acceptable Use’ above.
10.3. You are encouraged to read the Privacy Policies of Third-Party websites, prior to submitting Personal Information on such websites.
11.1. With the exception of the Contact Us tab, the content on this Website is provided for general information purposes. You understand that Greyboat does not provide financial, legal, technical or medical advice on or via the Website and that We make no representations about the reliability, and accuracy of the information, Services or other content contained on the Website.
11.2. As required by Section 43 of the Electronic Communications and Transaction Act, We warrant that all information concerning Our Services is an accurate representation of the Services.
11.3. You acknowledge that Your use of this Website is at Your sole risk.
12.1. Every effort is made to keep the Website up and running smoothly. This Website is however provided on an as-is and as-available basis. Greyboat takes no responsibility for, does not warrant, and will not be liable for the Website being temporarily unavailable due to technical issues beyond its control.
12.3. We do warrant that the descriptions of Our Services are accurate and allow You to make an informed decision regarding the Services. Should You require any further information on Our Services or how they might apply to You, please contact Us at email@example.com
13.1. You agree to, indemnify and hold Greyboat, its officers, directors, employees, agents and/or representatives, harmless from and against any claims, actions or demands, liabilities and settlements including (and without limitation to) reasonable legal fees, resulting from, or alleged to result from, Your use or misuse of the Website. Greyboat shall not be responsible or liable whatsoever in any manner for any content posted on the Website, excluding Service information, (including claims of infringement relating to content posted on the Website for Your use, or for the conduct of Third-Parties whether on the Website or otherwise relating to the Website).
14.1. These Terms and any dispute relating to these Terms will be construed and interpreted in accordance with the laws of the Republic of South Africa and You hereby consent to the exclusive jurisdiction of the South African courts.
15.1. Any failure by Greyboat to exercise or enforce any part of this Agreement shall not be construed as a waiver of such right to exercise or enforce any part of this Agreement.
16.1. If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
17. AMENDMENTS TO TERMS AND CONDITIONS
17.1. Greyboat may change these Terms at any time by posting the amended Terms & Conditions on the Website. All amended Terms & Conditions are immediately and automatically effective after they are posted onto the Website. Use of the Website shall be governed by such amended Terms & Conditions. You are advised to regularly check these Terms & Conditions for any amendments.
17.2. Amended Terms & Conditions shall apply to any disputes that arise after the posting of such terms on the Website.
17.3. You can easily view when these Terms were last revised by checking the date as set out above.
18. PARTICULARS OF GREYBOAT
|Full Name||Greyboat Software Solutions CC|
|Legal Status||Closed Corporation|
|Physical Address||251-4 Aintree Ave, Hoogland, Randburg, 2169|
Description of products and services offered
Software development and Cloud Services:
Greyboat develops bespoke software solutions customised to exact business requirements
Competitive pricing for hardware made available through partnerships
Digital and Technology Advisory:
Crafting digital transformation strategies to aid in using technology systems more efficiently and effectively
Software integration Services:
Our integration services include API software integration between two or more applications
Full suite of Microsoft 365 Products as well as the development of custom workflows through Power Apps and SharePoint
Website and Mobile App Development:
Creation of custom website for both external and internal use and mobile apps across all platforms and operating systems
Support clients throughout the ISO certification process and development of management systems
DevOps & Data Flow Management:
Use of industry best practice to help you deliver software projects.