Terms & Conditions
Please read these Terms and Conditions ("Terms") carefully before using the website at blackubuntu.co.za (the "Site"), operated by Black Ubuntu Technologies (Pty) Ltd, registration number [XXXX/XXXXXX/07] ("Black Ubuntu Technologies", "we", "us" or "our").
By accessing or using the Site you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. About the Site
1.1. The Site is an informational and marketing website for Black Ubuntu Technologies and its products, including Kemet Online, Nexus OMG, MindX and BUX (together, the "Products").
1.2. The Site does not itself provide the Products. Access to and use of any Product is governed by that Product's own terms of service, licence agreement or institutional contract, which take precedence over these Terms in the event of conflict.
1.3. Nothing on the Site constitutes an offer to contract. Product descriptions, features, pricing indications and availability are provided for information and may change without notice.
2. Eligibility and acceptable use
2.1. You may use the Site only for lawful purposes and in accordance with these Terms.
2.2. You may not:
- use the Site in any way that breaches applicable law or regulation, or infringes the rights of any person;
- attempt to gain unauthorised access to the Site, the servers on which it is hosted, or any connected system or database;
- introduce viruses, malware or other harmful code, or carry out any denial-of-service or similar attack;
- scrape, harvest or copy Site content by automated means without our prior written consent;
- use the Site to send unsolicited communications or to misrepresent your identity or affiliation.
2.3. If you access any Product via a link from the Site, your use of that Product is subject to its own terms.
3. Enquiries and submissions
3.1. Where you submit information through a contact form, demo request or similar feature, you warrant that the information is accurate and that you are authorised to provide it.
3.2. We will use the information you submit to respond to your enquiry and as described in our Privacy Policy.
3.3. Submitting an enquiry does not create a contract between you and Black Ubuntu Technologies. Any engagement will be governed by a separate written agreement.
4. Intellectual property
4.1. All content on the Site, including text, graphics, logos, product names, screenshots, illustrations, video, software code and the compilation and arrangement of all of these, is the property of Black Ubuntu Technologies or its licensors and is protected by South African and international intellectual property law.
4.2. "Black Ubuntu Technologies", "Kemet Online", "Nexus OMG", "MindX", "BUX" and associated logos are trade marks of Black Ubuntu Technologies (Pty) Ltd or its affiliates. Nothing in these Terms grants you any right to use them.
4.3. You may view, download and print Site content for your own personal, non-commercial reference, provided you keep all copyright and proprietary notices intact. Any other use requires our prior written permission.
5. Third-party links and content
5.1. The Site may contain links to third-party websites, including those of partners, funders and institutions we work with. These links are provided for convenience only.
5.2. We do not control and are not responsible for the content, privacy practices or availability of third-party sites, and a link does not imply our endorsement.
6. Disclaimers
6.1. The Site and its content are provided "as is" and "as available". To the extent permitted by law, we make no warranties, express or implied, as to the accuracy, completeness, reliability or fitness for purpose of any Site content.
6.2. We do not warrant that the Site will be uninterrupted, error-free or free of harmful components, or that defects will be corrected.
6.3. Case studies, statistics and outcomes described on the Site relate to specific implementations and are not a guarantee of results for any other institution or user.
7. Limitation of liability
7.1. To the fullest extent permitted by law, Black Ubuntu Technologies, its directors, employees and agents shall not be liable for any indirect, incidental, special or consequential loss or damage, including loss of data, revenue or business, arising out of or in connection with your use of, or inability to use, the Site.
7.2. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under South African law, including under the Consumer Protection Act 68 of 2008 where it applies.
8. Indemnity
You agree to indemnify and hold harmless Black Ubuntu Technologies against any claims, losses, damages, costs or expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Site.
9. Privacy
Your use of the Site is also governed by our Privacy Policy and Cookie Policy, which explain how we collect, use and protect personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA").
10. Changes to the Site and these Terms
10.1. We may change, suspend or discontinue any part of the Site at any time without notice.
10.2. We may revise these Terms from time to time. The revised Terms take effect when published on the Site, and the "Last updated" date will be changed accordingly. Your continued use of the Site after that date constitutes acceptance of the revised Terms.
11. Governing law and disputes
11.1. These Terms are governed by the laws of the Republic of South Africa.
11.2. Any dispute arising from these Terms or your use of the Site shall be subject to the jurisdiction of the South African courts, without prejudice to any rights you may have under applicable consumer protection law.
12. General
12.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force.
12.2. Our failure to enforce any right under these Terms is not a waiver of that right.
12.3. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding use of the Site.
13. Contact
For questions about these Terms, contact us at info@blackubuntu.co.za or write to Black Ubuntu Technologies (Pty) Ltd, 50 Long Street, Cape Town, 8001, South Africa.
