1. Introduction
1.1. This website, www.altron.com, (the “Website”) is owned and operated by Altron Limited, a company registered in South Africa with company registration number 1947/024583/06 and its subsidiaries and affiliates (hereinafter collectively referred to as “ALTRON”).
1.2. The following terms and conditions, which include reference to ALTRON’s Privacy Statement applicable to the user’s usage of and interaction with theWebsite, (hereinafter the “T’s & C’s”) govern the relationship between the use and ALTRON in the use of the Website. The ALTRON Privacy Statement can be found by clicking on the link at the bottom of this Website. If you do not agree with any of these T’s & C’s, please discontinue use and interaction with the Website.
1.3. By using the Website, you are agreeing to comply with and be legally bound by these T’s & C’s and you provide your express consent for your personal information to be dealt with on the terms of the Privacy Statement. By using this Website, you represent and warrant that you are of legal age to consent to these T’s & C’s. If you do not meet the legal age requirements to consent to these T’s & C’s, you must discontinue use and interaction with the Website.
2. Content
2.1. The Website aims to provide general information regarding the various products and services that ALTRON provides and is not intended to, nor does it constitute, specific advice, or an invitation to invest in ALTRON’s shares. Information, ideas, and opinions expressed on this Website should not be regarded as the official opinion of ALTRON.
2.2. No opinions, research information, data or content contained on the Website (whether posted by ALTRON or a third party) should be construed as advice. Before making any decision or taking any action that might affect your business, you should seek specific, professional advice around products and services.
3. Restrictions on use
3.1. You may utilise the material contained in the Site for your own, non-commercial use.
3.2. You must not, other than as provided for in these T’s & C’s:
a. Reproduce, redistribute, alter or transmit any material or information contained in the Site;
b. Use the material for commercial purposes without first obtaining the express written authority of ALTRON;
c. Remove any copyright, trademark or other intellectual property right notice contained in the material;
d. Use the material from the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of ALTRON.
Under clause 3.3 below you indemnify ALTRON against certain claims, and this places various risks, liabilities, obligations and legal responsibilities on you.
3.3. To the extent permitted by law, you hereby indemnify ALTRON against any and all claims arising from the use by third parties of any material from the Site that they have accessed as a result of your reproduction, redistribution, alteration or transmission of that material in contravention of these T’s & C’s.
4. Registration and cancellation
4.1. S4.1. Some areas of the Website may not be freely accessible. You may be asked to complete a form of registration in order to access other areas of the Website (the “Restricted Areas”).
4.2 It may be that a charge is payable to obtain access to the Restricted Areas, and if not, ALTRON reserves the right to introduce a charge for such access at any time. If such a charge is introduced, ALTRON may deny access to the Restricted Areas if you do not pay the relevant charges and comply with any further registration requirements that ALTRON may, in its sole discretion, decide to introduce from time to time.
4.3. When you register for access to the Restricted Areas, you may be asked to provide certain personal details (“Personal Information”). ALTRON will only use the Personal Information in accordance with its Privacy Statement and the Protection of Personal Information Act 4 of 2013 (“POPIA”). The Website may use cookies to verify the identity of users who have registered to access the Restricted Areas. For further information on this use of cookies, please see the Privacy Statement.
4.4. ALTRON reserves the right to terminate your registration to the Restricted Areas and to restrict your access to the Website without notice at any time, provided that, to the extent that the exercise of such right affects your ability to receive or access any information, features or contents for which you have paid or are required to pay any consideration, ALTRON will use its reasonable endeavours to exercise such right on notice to you.
4.5. You may cancel your registration with the Website at any time by sending an email to info@altron.com.
5. Operation of the Site
5.1. ALTRON reserves the right to suspend or terminate the operation of the Website at any time for the purposes of support and maintenance or to update the information contained on the Website or for any other reason, at the sole discretion of ALTRON.
5.2. ALTRON is not obliged to give any notice of such termination or suspension nor is ALTRON obliged to give notice of any updates made to the Website.
6. Disclaimer
6.1. ALTRON endeavours to ensure the accuracy and reliability of the Website and the content, materials and products included and available on the Website, but due to the possibility of human and mechanical error and other factors, to the extent allowed by law, ALTRON does 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.
Clause 6.2 below will limit and exclude obligations, liabilities, and legal responsibilities of ALTRON, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
6.2. To the extent permitted 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 ALTRON accepts no responsibility for your unauthorised access or actions in respect of these matters.
7. Linking to and from the Site
Clauses 7.1 to 7.5 below will limit and exclude obligations, liabilities, and legal responsibilities of ALTRON, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
7.1. The Website may contain links to third party websites. These linkedwebsites are not under the control of ALTRON and, to the extent permitted by law, ALTRON accepts no responsibility for, or liability arising from, access to, or the information provided on, any web Website which is linked from the Website, or any hyperlink contained in a linked website. To the extent permitted by law, you link to any such web Website entirely at your own risk and liability and ALTRON recommends that you read the privacy policy and
any other legal information contained on any third party website to which you link.
7.2. If you wish to establish a link to the ALTRON Website, the link must include the ALTRON web address “www.altron.com”. The name to be used in the link is “ALTRON”. You may not use ALTRON’s logo without permission, which permission must be obtained in advance in writing from ALTRON Altron Campus, The Woodlands Office Park, 20 Woodlands Drive, Woodmead, 2191 and marked for the attention of the Group Executive: Legal.
7.3. Neither this Website nor any of its pages may be included in any other Website. Instead, a link to the Website is required at all times. You may not frame the Website without the prior written consent of ALTRON.
7.4. The fact that the Website contains a link to or from a third party Website does not necessarily imply that there is any affiliation between ALTRON and the third party web website or that ALTRON or its officers or employees endorse the third party webWebsite. The linking Website may not in any way imply that ALTRON or any of its officers or employees recommend or endorse any of the linked Website products or services.
7.5. ALTRON reserves the right to withdraw any permission granted, whether tacitly, verbally or in writing, to link to the Website, at any time if it is deemed by ALTRON, in its sole discretion, to be in the best interest of ALTRON.
8. Copyright and trademarks
8.1. The works of authorship contained in the Website, including but not limited to all designs, trademarks, logos, domain names, rights in get-up, data, text and images, whether registered or unregistered, and including all applications (or rights to apply for and renewals or extensions of), are the intellectual property of ALTRON, its affiliates or third parties who have supplied information to ALTRON and are protected by South African and international intellectual property laws, conventions, and/or forms of
protection which may now or in the future subsist in any part of the world.
8.2. ALTRON reserves the right to take legal action in respect of and reproduction, copying, distribution, framing, uploading to a third party,publication, adaptation, broadcast, public performance or other use or communication to the public of the information contained on the Website.
8.3. Users of the Website are not permitted to use any of the trademarks displayed on the Website without the prior written consent of ALTRON or the third party that owns the trademark.
9. Comments and feedback
9.1. If you have any questions or comments on or in connection with the Website (“Submissions”) and would like to contact ALTRON, please send your questions or comments to info@altron.com. ALTRON values your Submissions, but ALTRON shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your Submissions.
9.2. By disclosing, submitting or offering your Submissions on the Website, you agree to and hereby grant, and you represent and warrant that you have the right to grant, ALTRON a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sub-license, to use, copy, publicly perform, digitally perform, publicly display and distribute such Submissions, and to sell, modify, create derivative works from and/or to incorporate such Submissions into other works in any form, medium or technology, whether or not known or hereafter developed, in each case, without compensating you.
9.3. When disclosing, submitting, offering, or posting Submissions to the Website, you agree to do so in a responsible and ethical manner, having regard to the following guidelines (“Submission Guidelines”): –
a. You are solely responsible for any Submission and other material that you submit to, publish or display on, the Website and the views expressed therein are your individual views and do not reflect the views of ALTRON;
b. You may not provide any Submission that falsely expresses or implies that such Submission or material is sponsored or endorsed by ALTRON;
c. You may not post any Submission that infringes, misappropriates, or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or impose any obligations, on the use or further distribution thereof; and/or
d. You further agree that you will not post Submissions that are abusive, harassing, stalking, threatening or attacking others; defamatory, offensive, obscene, vulgar or depicting violence; hateful language targeting race/ethnicity, religion, gender, nationality or political beliefs; fraudulent, deceptive, misleading or unlawful; trolling (posting of inflammatory or offtopic messages with the primary intent of provoking an emotional response) or otherwise deliberately disrupting normal on-topic; spamming in nature;
upload files that contain viruses or programs that could damage the operation of other people’s computers; search technology, such as “webcrawlers” or “web-spiders”, to search and gain information from this Website, if such technology will result in slowing down this Website’s server or is a copyright infringement of any data and information available from this Website; commercial solicitation or solicitation of donations; link baiting (embedding a link in your post to draw traffic to your own Website).
9.4. ALTRON may at any time, without prior notice and in its sole discretion, remove any Submission, block any access to the Website or take any other appropriate action against any person who violates the T’s & C’s in general, and the Submission Guidelines in particular.
9.5. Any person that delivers or attempts to deliver any malicious or damaging code to this Website or attempts to gain unauthorised access to any page on this Website may be prosecuted and damages may be claimed in the event that ALTRON suffers any damage or loss.
Clause 9.6 below will limit and excludes obligations, liabilities, and legal responsibilities of ALTRON, and you also indemnify ALTRON against certain claims and limit and exclude your rights and remedies and this places various risks, liabilities, obligations and legal responsibilities on you.
9.6. To the extent allowed by law, you hereby indemnify ALTRON against any and all claims arising from your Submission.
10. Privacy Statement
10.1. ALTRON is committed to safeguarding the privacy of the users of this Website. ALTRON’s Privacy Statement, which can be found by clicking on the link at the bottom of this Website, is incorporated by reference into these T& C’s, forms part of these T’s & C’s, and explains the personal information processing practices of ALTRON insofar as it relates to the Website.
10.2 It may be necessary to capture your personal information and details which may then go into a Customer Relationship Management (“CRM”) system. You may be providing information such as your name, email address, company name, telephone number and query details, so you may get access to a document such as an ebook or White Paper, to sign up to a newsletter or to submit a query, so that an ALTRON sales or customer service representative may contact you.
10.3 Your captured details could then be used to send out newsletters, company updates via email, or to one of ALTRON’s subsidiaries or divisions in order to follow up a potential sales lead.
10.4 The CRM or forms will identify you as being someone who has opted in to get newsletters, emails and other communications from ALTRON. Clause 10.5 below will limit and excludes obligations, liabilities, and legal responsibilities of ALTRON, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
10.5. ALTRON has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the personal information under our control, but to the extent permitted by law, ALTRON assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet. Please see our Privacy Policy for further details.
11. Consumer Protection Act
11.1. If these T’s & C’s and/or any goods and/or services provided under these T’s & C’s are regulated by the Consumer Protection Act 68 of 2008, as
amended, replaced or re-enacted from time to time (“Consumer Protection Act”), it is not intended that any provision of these T’s & C’s contravenes any provision of the Consumer Protection Act and therefore all provisions of these T’s & C’s must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
11.2. Nothing in these T’s & C’s does or purports to limit or exempt ALTRON from liability for any loss directly or indirectly attributable to the gross negligence of ALTRON or any person acting for or controlled by ALTRON where the law does not permit this, and this clause also does not require you to assume the risk or liability for this kind of loss where the law does not permit this.
12. Agreements in Terms of Section 21 of the Electronic Communications and
Transaction Act 25 of 2002 (“ECTA”)
12.1. No information or data on this Website constitutes an offer to do business but is merely an invitation to do business.
12.2. No agreements shall be concluded merely by sending a data message to this Website or its owners. Valid agreements will require an acceptance of an offer by ALTRON.
12.3. No email message shall be deemed to have been received by ALTRON until a response has been issued from ALTRON. An automated response from ALTRON shall not satisfy this requirement.
13. Information in terms of Section 43(1) of the ECTA
13.1. In the event that the user is an individual and ALTRON offers him goods or services for sale, hire or exchange by way of electronic transactions from, by or through the Website, ALTRON makes the following information available to the user, in terms of section 43(1) of ECTA:
a. Full name: Altron Limited (ALTRON or the Group), worldwide including subsidiaries and affiliates
b. Legal status: Registered public company
c. Physical address: Woodlands Office Park Block F, 20 Woodlands Drive, Woodmead, Sandton, Johannesburg, South Africa, 2191.
d. Website address: www.altron.com;
e. Email address info@ALTRON.com.
f. Membership of any self-regulatory or accreditation bodies to which ALTRON belongs or subscribes and the contact details of that body: Not applicable.
g. Code of Conduct to which ALTRON subscribes and how that code may be accessed electronically by the user: The corporate codes of conduct of ALTRON are available on its integrated annual report and/or the Website.
h. Registration number 1947/024583/06.
i. Names of directors: As published in the integrated annual report and/or the Website.
j. Place of registration: Republic of South Africa.
k. Physical address where ALTRON will receive legal service of documents: Woodlands Office Park Block F, 20 Woodlands Drive, Woodmead, Sandton, Johannesburg, South Africa, 2191.
l. Description of the main characteristics of the goods or services offered by ALTRON to enable the user to make an informed decision on the proposed electronic transaction: ALTRON provides information technology related products and services over a wide range of industries and markets.
m. Full price of the goods or services, including transport costs, taxes and any other fees or costs: As provided to the user per quote, tender or otherwise.
n. Manner of Payment: As advised to the user by ALTRON in the agreement, quote, tender, or otherwise.
o. Any terms of agreement, including any guarantees, that will apply to the transaction and how these terms may be accessed, stored and reproduced electronically by the user: As advised to the user by ALTRON in the agreement, quote, tender, or otherwise.
p. The time within which the goods will be dispatched or delivered or within which the services will be rendered: As advised to the user by ALTRON in the agreement, quote, tender, or otherwise.
q. The manner and period within which the user can access and maintain a full record of the transaction: As advised to the user by ALTRON in the agreement, quote, tender, or otherwise.
r. The return, exchange and refund policy of ALTRON: As advised to the user by ALTRON in the agreement, quote, tender, or otherwise.
s. The alternative dispute resolution code to which ALTRON subscribes and how the wording of that code may be accessed electronically by the user: As advised to the user by ALTRON in the agreement, quote, tender, or otherwise.
t. The security procedures and privacy policy of ALTRON in respect of payment, payment information and personal information: The ALTRON
manual in terms of the Promotion of Access to Information Act 2 of 2000, can be downloaded from the Website under the “PAIA & POPIA Manual” section. Further, this information is as advised to the user by ALTRON in the agreement, quote, tender, or otherwise.
u. Where appropriate, the minimum duration of the agreement in case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently: As advised to the user by ALTRON in the agreement, quote, tender, or otherwise.
v. The rights of the User in terms of section 44 of ECTA where applicable: The section provides as follows:
“Section 44. Cooling-off period: (1) A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply of goods within seven days after the date of the receipt of the goods; or of services within seven days after the date of the conclusion of the agreement. (2) The only charge that may be levied on the consumer is the direct cost of returning the goods. (3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of
cancellation. (4) This section must not be construed as prejudicing the rights of a consumer provided for in any other law.” The user should kindly visit the ALTRON group subsidiary company or division websites for details, where he/she transacts electronically with that group subsidiary company or division.
14. General
14.1. These T’s & C’s constitute the sole record of the agreement between you and ALTRON in relation to the subject matter hereof. Neither you nor ALTRON shall be bound by any express, tacit, or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between you and ALTRON in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon ALTRON unless agreed to in writing by ALTRON. No indulgence or extension of time which ALTRON may grant to you will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of ALTRON in terms hereof, save in the event or to the extent that ALTRON has signed a written document expressly waiving or limiting such rights.
14.2. ALTRON shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these T’s & C’s to any third party without notice to you.
14.3. To the extent permitted by law, ALTRON may update these T’s & C’s from time to time and you are responsible for periodically reviewing the most current version on the Website. To the extent permitted by law, your continued use of the Website will be deemed your conclusive acceptance of the updated T’s & C’s. ALTRON reserves the right to change or delete any information, features or contents of the pages of the Website at any time and without notice. Notwithstanding the provisions of this clause, to the extent
that any such change or deletion relates to any information, features, or contents for which you have paid or are required to pay any consideration, ALTRON will use its reasonable endeavours to exercise this right on notice to you.
14.4. All provisions of these T’s & C’s are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these T’s & C’s which is or becomes unenforceable in any jurisdiction, whether due to non-availability, invalidity, illegality, unlawfulness or for any reason whatsoever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these T’s & C’s shall remain of full force and effect.
14.5 This Website is created, hosted, maintained and controlled in the Republic of South Africa and as such you agree that the laws of the Republic of South Africa and the jurisdiction of the South African courts govern these T’s & C’s, any disclaimers, copyright and use statements contained in the Website, and any legal matter resulting from the use or inability to use this Website, without giving effect to any principle of conflict of laws. Notwithstanding the foregoing, ALTRON may seek recourse in any
jurisdiction worldwide in order to restrain the unlawful use of any of the material contained on the Website.
14.6. All disputes in terms of the use of this Website or any agreement flowing therefrom, or relating to the inability to use this Website, will be referred at the sole discretion of ALTRON either to adjudication in the High Court of South Africa, or to arbitration in terms of the Association of Arbitrators (Southern Africa) and such arbitration shall be held in Johannesburg, South Africa and conducted in English
14.7. Subject to the provisions of sections 43(5) and 43(6) of ECTA, ALTRON shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, ALTRON makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be uninterrupted and error free.
14.8. This Website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy him or herself, prior to entering into this agreement with ALTRON, that the service available from and through this Website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.