The Terms may be amended from time to time and shall be effective from the date on which you first access the Website. These Terms apply to your use of the Website and related services.
Links to Other Websites
The Website may contain links to other websites operated by third parties (“Third-Party Websites”). Any such links are provided for convenience only and solely accessed at your own risk. We do not endorse, approve of or recommend those Third-Party Websites and we are not responsible for the information, graphics and material they contain (“Third Party Material”).
All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third-Party Website operator. Insofar as offers and statements are made on the Website, such offers and statements relating to Third Party Websites are made by Pivotal on behalf of the Third-Party Website operator. We will under no circumstances be held responsible or liable for the offers and statements by Third-Party Websites.
Subject to any rights at law which cannot be excluded, we make no warranties or representations about the quality, accuracy, merchantability or fitness for purpose of the Third Party Material, products and/or services available through Third-Party Websites; or that Third Party Material does not infringe the intellectual property rights of any person.
Copyright and all intellectual property rights related to the Website that are made available to the user, including all materials, graphics, drawings, icons and texts, etc and these are all owned by Pivotal.
Even though we linking the Material to Third Party Material, we do not authorise the reproduction of Third Party Material. If you download software from a Third-Party Website, use of that software may be subject to a licence agreement between you and the Third-Party Website operator. To the extent permitted by law, Pivotal accepts no responsibility or liability for that software or the use thereof. We may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third-Party Website from our Website.
Product Information and Supply
The Material may contain general information and unless expressly stated otherwise, this information:
- is not intended to be advice and does not take into account any user’s objectives, financial situation, obligations or needs;
- all information is subject to change without notice;
- we recommend that you seek independent advice before acting upon Material on the Website or Third-Party Material; and
- unless expressly agreed otherwise, products and services referred to on the Website will be provided to South African residents only. These products and services are generally not available to non-South African residents because they may not comply with laws outside of South Africa.
Limitation of Liability
Subject to any rights implied by law which cannot be excluded, we are not liable to you, whether in contract, delict (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to:
- Your use of the Website;
- Material on the Website;
- Your use of Third-Party Websites; or
- Third Party Material.
Your use of and access to the Website may be terminated at any time by Pivotal without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Pivotal will survive termination.
Unless otherwise stated, the information on the Website is provided in compliance with South African law and is only intended for persons within South Africa. The Website may not be applicable to laws of countries other than South Africa and is not directed at nor should it be relied upon by persons in any other country. Disputes arising or in connection with this legal notice shall be subject to the non-exclusive jurisdiction of South Africa.
Copyright and Trade-Marks
Copyright in the Material on the Website is owned by or licensed to Pivotal.
Privacy and the Use of the Website
We do not collect any personal information about you when you use the Website unless:
- You provide it to us by completing an online application or online form or supplying us with your email address;
- You log on and use the services available on the Website; or
- The information collected is de-identified and for research purposes only;
We may also use third parties to collect statistical information to measure the effectiveness of our online advertising. Any third party involved in this process will not collect your personal information.
Our Use of “Cookies”
“Cookies” are small files of data that reside on your computer and allow us to recognise you as a customer if you return to the Website using the same computer and browser. We send a “session cookie” to your computer if and when you log in to your account by entering your email address and password. We use these cookies to recognise you if you visit multiple pages in our site during the same session, so that you don’t need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.
We also use longer-lasting cookies to display certain information on our form so you don’t have to retype the information each time you log in to your account. Our cookie files are encoded so that your email address and other information can only be interpreted by us. We may, however, share cookie information with certain merchants with whom we have an official co-marketing relationship regarding whether a user identified by the merchant is already registered with us, provided that we have your express consent to do this.
Linking to the Website
Please contact our Marketing Department if you would like to place a link to any part of our Website. You must not provide a link to our Website without our express consent.