Terms and conditions | Byte Orbit

Terms and conditions

If You don’t agree with our website terms and conditions, please stop using this website immediately.

Last updated: May 2021

Table of contents

  1. Introduction
  2. Definitions
  3. Content
  4. Restrictions on Use
  5. Third party website
  6. Intellectual property
  7. Linking, framing and crawling
  8. Security
  9. Privacy Statement
  10. Disclaimer and indemnity
  11. Jurisdiction and Disputes
  12. General
  1. Introduction
    1. This Website is owned and operated by Byte Orbit.
    2. The following terms and conditions, which include reference to Byte Orbit’s Privacy Notice (“Notice”) applicable to the User’s usage of and interaction with the Website, (hereinafter the “Terms and Conditions”) govern the relationship between the User and Byte Orbit in the use of the Website. The Notice can be found by clicking on the link at the bottom of the Website.
    3. By accessing and using the Website you agree to be bound by the Terms and Conditions, and you provide your express consent for your Personal Information (as defined in the Notice) to be dealt with on the terms of the Notice.
    4. If you do not agree to these Terms and Conditions, please do not continue browsing or use the Website.
  2. Definitions
    1. “Byte Orbit” means Byte Orbit (Pty) Ltd, with registration No: 2015/169050/07, being a company incorporated and carrying on business in accordance with the company laws of South Africa;
    2. “Website” means the website of Byte Orbit currently hosted at byteorbit.com, as Byte Orbit may choose to use from time to time; and
    3. “You” or “User” means any person who accesses and uses the Website for any reason.
  3. Content
    1. The materials published on this website are provided for general information purposes only and do not constitute professional advice. While every effort is made to update the information regularly and to offer the most current, correct and accurate information, Byte Orbit accepts no liability or responsibility whatsoever if any information is, for whatever reason, incorrect, inaccurate or dated. Byte Orbit accepts no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from access to or reliance on the information contained in these pages.
    2. Byte Orbit has also taken reasonable measures to ensure the integrity of this web site and its contents, however no warranty is given that this Website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by Byte Orbit will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component.
    3. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of the Website.
  4. Restrictions on Use
    1. You may utilise the material contained in the Website for your own, non-commercial use.
    2. You must not, other than as provided for in these Terms and Conditions:
      1. reproduce, redistribute, alter or transmit any material or information contained in the Website;
      2. use the material for commercial purposes without first obtaining the express written permission of Byte Orbit;
      3. use the materials from the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Byte Orbit.
    3. Under clause 4.4 below you indemnify Byte Orbit against certain claims, and this places various risks, liabilities, obligations and legal responsibilities on You.
    4. To the extent permitted by law, you hereby indemnify Byte Orbit against any and all claims arising from the use by third parties of any materials from the Website that they have accessed as a result of your reproduction, redistribution, alteration or transmission of that material in contravention of these Terms and Conditions.
  5. Third party websites
    1. The Website may contain hyperlinks to Websites owned or operated by third parties. Byte Orbit is not responsible for the content of such websites, and does not endorse or approve the contents thereof.
    2. The fact that a website is linked to this Website does not imply that Byte Orbit sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for that website. As such, Byte Orbit shall not be liable for the operation and content of any third party websites that may be linked to this Website (regardless of whether or not a link has been permitted by Byte Orbit).
  6. Intellectual property
    1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Website is owned by Byte Orbit, which asserts and reserves all of its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by the Company or any other party.
    2. Byte Orbit reserves the right to take legal action in respect of any 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 Site without the prior written consent of Byte Orbit.
    3. You are not permitted to use any of the trademarks displayed on the Website without the prior written consent of Byte Orbit or the third party that owns the trademark.
  7. Linking, framing and crawling
    1. The prior written authority of Byte Orbit is required before any hyperlink is created. Authority, if granted, will be subject to the condition that the party linking to this Website alerts Users to the application of these Terms and Conditions and the Privacy Notice. Requests for authority can be emailed to compliance@byteorbit.com.
    2. Permission to link to this website will be granted strictly without the assumption of any liability on the part of hr@byteorbit.com. hr@byteorbit.com reserves the right to withdraw permission granted to link to the Website at any time in the entire discretion of hr@byteorbit.com.
    3. The prior written authority of hr@byteorbit.com, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed.
    4. Save for the use of bona-fide search engine and the search facility provided on the Website for Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of Byte Orbit. Any attempt to do so, whether successful or not, is an offence as contemplated in point.
  8. Security
    1. Any person who in any manner interferes with the data or information displayed on this website in any way which causes it to be modified, destroyed or otherwise rendered ineffective or inaccurate, acts contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”)and is guilty of an offence.
    2. Any person who in any manner interferes with any third party’s access to the Website or denies access to the Website, whether partial or absolute, is guilty of an offence in terms of ECTA.
    3. Any attempt to commit or aid and abet someone in the commission of the offences referred to in 8.1 and 8.2 is guilty of an offence in terms of the ECTA.
    4. Byte Orbit will, as it may be advised, cause the prosecution and/or institute appropriate action to obtain relief against the perpetrator of the actions contemplated in in 8.1 and 8.2 and 8.3 with a view to recovering any damages that it may suffer and to protect the Website against defacement, unauthorised amendment of content and disruption of the use of the Website.
    5. While Byte Orbit takes appropriate security precautions to protect the Website against abuse by third parties, by accessing and browsing the Website you accept that no liability will lie against Byte Orbit for any damages caused to you by the malicious interference with the operation of the Website, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and browsing of the Website.
  9. Privacy Statement
    1. Byte Orbit is committed to safeguarding the privacy of the Users of this Website. Byte Orbit’s Privacy Notice, which is accessible at byteorbit.com, is incorporated by reference into these Terms and Conditions, forms part of these Terms and Conditions, and explains the personal information processing practices of Byte Orbit insofar as it relates to the Website.
    2. The processing of Personal Information which may be collected through interactive communications facilitated by this Website, are subject to the Privacy Notice published on the Website.
  10. Disclaimer and indemnity
    1. Byte Orbit expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned by your accessing and browsing of the Website or your inability to access and browse this Website, or whether caused directly or indirectly by inaccuracies, defects, errors (whether typographical or otherwise), omissions, out of date information or for any other reason, even if such loss was reasonably foreseeable and the Company had been advised of the possibility of the loss occurring.
    2. You agree to indemnify and hold harmless Byte Orbit, its employees, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney's fees and related costs, made by any third party and arising out of or in connection with the your use of or access, browsing or use of this website.
  11. Jurisdiction and Disputes
    1. These Terms and Conditions are governed by and construed in accordance with the law of the Republic of South Africa.
    2. You and Byte Orbit agree that 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 Byte Orbit either to adjudication in the High Court of South Africa, or to arbitration in terms of the Arbitration Foundation of South Africa Commercial Rules of Arbitration and such arbitration shall be held in Cape Town, South Africa and conducted in the English language.
  12. General
    1. These terms and conditions record the entire agreement between you and Byte Orbit in respect of your access, browsing and use of the Website.
    2. Byte Orbit shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms and Conditions to any third party without notice to you.
    3. To the extent permitted by law, Byte Orbit may update these Terms and conditions 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 Terms and conditions. Byte Orbit reserves the right to change or delete any information, features or contents of the pages of the Site at any time and without notice.
    4. This Website is supplied on an “as is” basis and has not been compiled or supplied to meet the User’s individual requirements.
    5. If any provision of these Terms and Conditions which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms and Conditions shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provision in any other jurisdiction.
    6. Byte Orbit’s omission to exercise any right under these Terms and Conditions will not constitute a waiver of any such right unless expressly accepted by Byte Orbit in writing.
    7. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these Terms and Conditions in terms of section 11 of ECTA, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.

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