Terms & Conditions

1.1 By accessing the Octopi Smart Solutions website, web pages or any part thereof for any reason whatsoever, the User agrees to the terms and conditions as set out below and of Octopi Smart Solutions when accessing the website.

2.1 “Website” means www.octopismart.co.za, operated and owned by Octopi Smart Solutions, including any page, part of element thereof.
2.2 “Octopi Smart Solutions” means Octopi Smart Solutions (Pty) Ltd, a company duly registered in terms of the South African Company Laws with registration number 2010/004184/07, including its subsidiaries, shareholders, group companies and business units.
2.3 “User” means any person whoever accesses or uses the Octopi Smart Solutions website, notwithstanding that such a person only visits the Octopi Smart Solutions website home page.

Acceptable Use
3.1 This website is intended to provide the User only with information regarding Octopi Smart Solutions and the services it offers. Octopi Smart Solutions does not warrant the accuracy or correctness of any information published herein and shall not be liable for any losses pursuant thereto.
3.2 Content from the Octopi Smart Solutions website may not be used or exploited by Users for any commercial and non-private purposes without prior written consent of Octopi Smart Solutions, which consent Octopi Smart Solutions may withhold at its sole and absolute discretion.
3.3 Users may not use the Octopi Smart Solutions website for:
3.3.1 Illegal purposes.
3.3.2 Harmful purposes
3.3.3 The creation, storage and sending of unsolicited commercial communications.
3.4 Should any User use content from the Octopi Smart Solutions website in breach of the provisions detailed herein, Octopi Smart Solutions, without prejudice to any other rights which it may have:
3.4.1 reserves the right to claim damages from the User.
3.4.2 reserves the right to institute criminal proceedings against the User; and
3.4.3 shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who may have obtained consent from the User.
3.5 Hyperlinks to the Octopi Smart Solutions website from any other source shall be directed at the home page of the Octopi Smart Solutions website. Links beyond the Octopi Smart Solutions home page may only be used with Octopi Smart Solutions’ prior written consent.
3.6 Octopi Smart Solutions shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Octopi Smart Solutions website, if such content, products or services were accessed through a hyperlink not directed at the home page of the Octopi Smart Solutions website. Persons that wish to link to pages beyond the home page of the Octopi Smart Solutions website without Octopi Smart solutions’ prior written consent shall do so at their own risk and indemnify Octopi Smart Solutions against any loss, liability or damage that may result from the use of such hyperlinks. Octopi Smart solutions’ non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
3.7 Apart from bona fide search engine operators and use of the search facility provided on the Octopi Smart Solutions website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Octopi Smart Solutions website for any purpose whatsoever, without the prior written consent of Octopi Smart Solutions. No modification and/or reverse engineering whatsoever of any content of this website is permitted.
3.8 E-mail addresses, names, telephone numbers and fax numbers published on the Octopi Smart Solutions website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Octopi Smart Solutions website may be used to communicate unsolicited communications to Octopi Smart Solutions and all rights detailed in section 45 of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act).

Intellectual Property Rights
4.1 All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, logos, hyperlinks, private information, and designs are the property of and/or licensed to, Octopi Smart Solutions, and as such, are protected from infringement by domestic and international legislation and treaties. Intellectual property on this site are expressly reserved.

Electronic Communications
5.1 By using this web site or communicating with Octopi Smart Solutions by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications should be “in writing” as per the definition contained in the Electronic Communications and Transactions Act 25 of 2002.

Changes and Amendments
6.1 Octopi Smart Solutions expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this website without prior notice or justification; and
6.2 Octopi Smart Solutions reserves the right to change and amend without further notice the information quoted as well as the terms and conditions on this website.

Privacy Policy and conditions for lawful processing of personal information in terms of Chapter 3 of the Protection of Personal Information Act 4 of 2013
7.1 Octopi Smart Solutions shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (”POPI”).
7.2 OCTOPi Smart Solutions may collect, store and use the following personal information of Users:
7.2.1 Name and surname
7.2.2 Identity number
7.2.3 Octopi Smart Solutions account number
7.2.4 Street and postal address
7.2.5 Contact numbers
7.2.6 Non-personal browsing habits and click patterns
7.2.7 E-mail address; and
7.2.8 IP address
7.3 Octopi Smart Solutions collects, stores and uses the abovementioned information for the following purposes;
7.3.1 to communicate requested information to the User
7.3.2 to provide services to the User as requested by the User
7.3.3 to authenticate the User
7.3.4 to provide the User with access to restricted pages on this website
7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the Octopi Smart Solutions website.
7.4 The Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save User information for web site. Cookies ensure that Octopi Smart Solutions is able to continually improve its website. Octopi Smart Solutions utilise “first party cookies” (originating from us) to simply track the User’s visits between sessions and deliver a more personalised experience. Octopi Smart Solutions also utilise “third party cookies” (not originating from us) to provide traffic analysis and tracking.
7.4.1 Octopi Smart Solutions may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions: Octopi Smart Solutions shall not disclose personal information from Users unless the User consents thereto. Octopi Smart Solutions shall disclose personal information without the User’s consent only through due legal process Octopi Smart Solutions may compile, use and share any information that does not relate to any specific individual.
7.4.2 Octopi Smart Solutions owns and retains all rights to non-personal statistical information collected and compiled by the Octopi Smart Solutions.
7.4.3 This clause serves as a notification to the User to be aware that Octopi Smart Solutions will be collecting the above mentioned personal information.
7.5 Information Sharing and Disclosure
7.5.1 Octopi Smart Solutions sends personally identifiable information about the User to other companies or people when; we have the User’s consent to share the information; or it is appropriate to comply with law.
7.6 By using this website, the User consents to the following:
7.6.1 Octopi Smart Solutions and its commercial partners may use the Users’ personal information to communicate with the User from time to time. Users unsubscribe if they do not wish to receive such communications with express notification.
7.6.2 Octopi Smart Solutions may use the User’s information for general and particular statistical purposes.

Agreements in Terms of Section 21 of the Electronic and Communications and Transaction Act 25 of 2002
8.1 No information or data on this web site constitutes an offer to do business, but is merely an invitation to do business.
8.2 No agreements shall be concluded merely by sending a data message to this web site or its owners. Valid agreements will require a written acceptance of a written offer by Octopi Smart Solutions.
8.3 No e-mail message shall be deemed to have been received by Octopi Smart Solutions until a response has been issued from Octopi Smart Solutions. An automated response, from Octopi Smart Solutions, shall not satisfy this requirement.

Searching Technology
9.1 The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this web site is not permitted. If such technology will result in slowing down this web site’s server or copyright infringement of any data and information available from this web site.

Links to Third Party Sites
10.1 Octopi Smart Solutions may provide links to other web sites only as a convenience to the User and the inclusion of any link does not imply Octopi Smart solutions’ endorsement of such sites.
10.2 Linked web sites or pages are not subject to the control of Octopi Smart Solutions. Octopi Smart Solutions shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site.

Security of Information
11.1 Octopi Smart Solutions shall take all reasonable steps to secure a User’s information.
11.2 Users undertake not to divulge their User name and passwords to any other person.
11.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorized access to any information on this web site. It is also forbidden to deliver or attempt to deliver any unauthorized, damaging or malicious code to this web site.
11.4 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Octopi Smart Solutions website or the server and computer network that support the Octopi Smart Solutions website.
11.5 Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that Octopi Smart Solutions should suffer any damage or loss, civil damages will be claimed.

Disclaimer and limitation of liability
12.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, OCTOPi Smart Solutions shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Octopi Smart Solutions makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free.
12.2 This web site is supplied on an “as is” basis to the extent permitted by law, 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 Octopi Smart Solutions, that the service available from and through this web site will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.
12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Octopi Smart Solutions.

Neither Octopi Smart Solutions nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any information and/or services on this web site.

Offensive e-mail content
14.1 Our employees using the e-mail system are subject to policies that prohibit:
14.1.1 the obscuring, suppressing, or replacing another User’s identity on an e-mail (pretending to be someone else);
14.1.2 the use of Octopi Smart solutions’ information and communications systems for the exercise of the employee’s right to free speech;
14.1.3 sexual, religious, political and racial harassment;
14.1.4 profanity, obscene, offensive, derogatory or defamatory remarks; and
14.1.5 otherwise unlawful communication via e-mail.
14.2 Accordingly, if an e-mail sent by a Octopi Smart Solutions breaches any of these provisions, that e-mail is sent in that person’s personal capacity and Octopi Smart Solutions is not liable for such messages. Octopi Smart Solutions will take appropriate disciplinary action against any person breaching these provisions and the User can report any such breach to  Legal@octopismart.co.za

15.1 These Terms of Use constitute the entire agreement between Octopi Smart Solutions and the User of this web site. Any failure by Octopi Smart Solutions to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
15.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

Applicable and Governing Law
16.1 This web site is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use this web site and these terms and conditions.

Domicilium Citandi Et Executandi
17.1 If the User has any questions, queries or wishes to request permission to use any part of this website, including, linking, framing, or searching, please contact Octopi Smart Solutions at:
Address: 15 Water Lilly Crescent, Riverside Industrial, Mbombela, 1200.
Attention: Legal Department
Email: Legal@octopismart.co.za

18.1 No indulgence which Octopi Smart Solutions may grant to the User shall constitute a waiver of, whether by estoppel or otherwise, limit any of the existing or future rights of Octopi Smart Solutions in terms hereof, save in the event and to the extent that Octopi Smart Solutions has signed a written document expressly waiving or limiting such right.

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