Disclaimer notice by Siyakhanda International Trade Concepts (Pty) Ltd – (SITC), its owners or partners:
- By using this website, you agree to the exclusions and limitations of liability stated and accept them as reasonable. Do not use this website if you do not agree that they are reasonable.
- If any of the points in this disclaimer notice are found to be unenforceable under applicable law, that will have no bearing on the enforceability of the rest of the disclaimer notice.
- SITC makes no warranty, express or implied or assumes any legal liability for the accuracy, timeliness, completeness or usefulness of any information carried under SITC’s website.
- Any consequential loss or damage suffered as a result of reliance on this information is the sole responsibility of the user.
- The use of any information on this service creates no legal obligation, affiliation or association with SITC or with third parties arising as a consequence of using information provided by this service.
All intellectual property rights in relation to this website and or software products are reserved and owned by SITC. Material on this website, including text and images, is protected by copyright law and is copyright to SITC unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use.
Links to Other websites and Products:
Links to other websites are provided for the convenience of users. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.
Law and Jurisdiction:
This disclaimer notice shall be interpreted and governed by South African law, and any disputes in relation to it are subject to its jurisdiction.
We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.
Links to external or third-party websites outside SITC or the use of trade, firm, or corporation names within SITC are for the convenience of the user. Any reference to any specific product, process or service by provider manufacturer or distributor does not constitute or imply its endorsement or recommendation by SITC or its owners or partners. When users select a link to external/third-party website and they leave the SITC website be aware that you are subject to the privacy and security policies of the owners/sponsors of the outside website.
SITC and its owners or partners are not responsible for transmissions, communications or viruses users may receive from external/third-party websites linked or referred to from SITC.
SITC and its owners or partners cannot authorise the use of copyrighted materials on linked or referred to websites. Users must request such authorisation directly from the owner of the website in question.
SITC and its owners or partners makes no representation or warranty as the financial status or accuracy of any information concerning any organisation listed under SITC’s website.
SITC and its owners or partners do not endorse any organisations sponsoring either the SITC website or any external/third-part websites referred or linked to from SITC and we do not endorse the views such sponsors may express or the products or services they offer.
SITC will not link to any website that exhibits, endorses or promotes hate, bias, or discrimination.
Furthermore, SITC reserves the right to deny or remove any link that contains misleading information or unsubstantiated claims, or conflicts with SITC’s mission or policies.
The property and copyright in all material contained in SITC website vests in SITC, unless expressly stated otherwise.
Unauthorized reproduction of any part of SITC’s website is an infringement of copyright.
From time to time, SITC may host material from outside organisations. In these instances, SITC requests written permission for all external information we host.
Website Privacy Notice
Siyakhanda International Trade Concepts (Pty) Ltd, services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Siyakhanda International Trade Concepts (Pty) Ltd (referred to in this Privacy Notice as “Siyakhanda International Trade Concepts (Pty) Ltd” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Siyakhanda International Trade Concepts (Pty) Ltd may collect, how Siyakhanda International Trade Concepts (Pty) Ltd uses and safeguards that information, and with whom we may share it.
Siyakhanda International Trade Concepts (Pty) Ltd encourages our customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Siyakhanda International Trade Concepts (Pty) Ltd by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice and agree that Siyakhanda International Trade Concepts (Pty) Ltd may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to the terms and conditions of our terms of service (the “terms of service”). if you do not agree with any part of this privacy notice or our terms of service, please do not use any of the services.
What personal information do we collect about you?
Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.
The personal information that we collect directly from those registering for the Service, includes the following categories:
- Name and contact information (e.g. address; phone number; email, fax);
- Billing Information (e.g. credit card, bank account, billing contact information)
- Order Information (e.g. current order/purchase information, purchase history, shipping details).
- Travel Information (e.g. booking numbers, passport information, flight numbers, travel details)
- Company/employer information
- Geographic or location information
- Information contained in posts you may on the public forums and interactive features of the Service.
- Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.
Collection of User Generated Content
We may invite you to post content on the Service, including your comments and any other information that you would like to be available on the Service, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Siyakhanda International Trade Concepts (Pty) Ltd You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement or content publicly on the Service.
What are the sources of personal information collected by Siyakhanda International Trade Concepts (Pty) Ltd?
When providing personal information to Siyakhanda International Trade Concepts (Pty) Ltd as described in this Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. Siyakhanda International Trade Concepts (Pty) Ltd does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used, if the information in that section is considered personal information.
Why does Siyakhanda International Trade Concepts (Pty) Ltd collect your personal information?
Subject to the terms of this Privacy Notice, Siyakhanda International Trade Concepts (Pty) Ltd uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:
- to administer the Service to you;
- to respond to your requests;
- to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
- as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
- to send to you Siyakhanda International Trade Concepts (Pty) Ltd solicitations, product announcements, and the like that we feel may be of interest to you. Please note that you may “opt out” of receiving these marketing materials
- in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary.
How do we share your Personal Information with third parties?
If you agree to this in writing, we may provide any of the described categories of personal information to Siyakhanda International Trade Concepts (Pty) Ltd employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice.
We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature which you will specifically be able to opt-out of.
In addition, we may release personal information:
- to the extent we have a good-faith belief that such action is necessary to comply with any applicable law;
- to enforce any provision of the Terms of Service , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare;
- when disclosure is required to maintain the security and integrity of the Service, or to protect any user’s security or the security of other persons, consistent with applicable laws;
- to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or
- in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.
Direct Marketing Communications
We may communicate with you using email, SMS, and other channels (sometimes through automated means) as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request through the following complaints form by using the UNSUBSCRIBE link in any email communication you may have received. Further, you may express you communication preferences by:
- Noting your preferences at the time you register your account with the Site [or our mobile application];
- Logging into your account settings and updating your preferences; Contacting us using the contact information provided below
Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with Siyakhanda International Trade Concepts (Pty) Ltd.
In addition to the communication described here, you may receive third-party marketing communications from providers we have engaged to market or promote our products and services. These third-party providers may be using communications lists they have acquired on their own, and you may have opted-in to those lists through other channels. If you no longer wish to receive emails, SMSs, or other communications from such third parties, you may need to contact that third party directly.
Retention of Data
Siyakhanda International Trade Concepts (Pty) Ltd will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
Siyakhanda International Trade Concepts (Pty) Ltd will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.
Cookies, Device Data, and How it is Used
When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. Siyakhanda International Trade Concepts (Pty) Ltd uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies:
- domain name
- browser type and operating system
- web pages you view
- links you click
- IP address
- the length of time you visit the Sites, Portals, and/or Services
- the referring URL or the webpage that led you to the Sites
We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).
South African Privacy Rights
If you are a South African resident, South Africa law may provide you with certain rights with regard to your personal information under the Protection of Personal Information Act (“POPIA”) and Promotion of Access to Information Act (“PAIA”).as well the Consumer Protection Act Throughout this Privacy Notice you will find information required by POPIA regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.
As a South African resident, the POPIA and PAIA provide you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure or action your personal information, including:
- If your personal information is collected by us
- The specific pieces of personal information collected about you
- The ability to correct or delete certain personal information collected about you
- The ability to delete all the personal information collected about you, subject to certain exceptions
- To opt-in or opt-out of direct marketing to you
- To object to processing of your personal information, or
- Appeal any rejection of access to your personal information
You may submit a request regarding your rights under POPIA or PAIA by submitting a request through the following complaints form by contacting us at one of the following: 0126541419 or Herman.deBruin@sitcsa.com
If we receive a POPIA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Siyakhanda International Trade Concepts (Pty) Ltd and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, and/or the contact information submitted to make the request).
The Siyakhanda International Trade Concepts (Pty) Ltd does not knowingly collect or process the special personal information such as your religious or philosophical beliefs, race or ethnic origins, trade union memberships, political persuasion, health or sex life, or your criminal behaviour or biometric information.
If you have a comment, question, or complaint about how we are processing your personal information, we hope that you contact us by completing complaints form in order to allow us to resolve the matter.
In addition, if you are located in the Republic of South Africa, you may submit a complaint regarding the processing of your personal information to the Information Regulator at the following link: https://www.justice.gov.za/inforeg/contact.html.
Third Party Advertisers
Information Storage and Security
We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.
Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.
The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Siyakhanda International Trade Concepts (Pty) Ltd is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.
You hereby acknowledge and agree that Siyakhanda International Trade Concepts (Pty) Ltd is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Siyakhanda International Trade Concepts (Pty) Ltd from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.
Changes to this Privacy Notice
Siyakhanda International Trade Concepts (Pty) Ltd reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Siyakhanda International Trade Concepts (Pty) Ltd will post the revised Notice on our website. This Privacy Notice was last modified as of 19 June 2021.
If you have any questions or comments about this Privacy Notice or the Service provided by Siyakhanda International Trade Concepts (Pty) Ltd, please contact us at:
93 Lyttelton Road Club View
Tel no: 012 654 1419/7351
Fax no: N/A
The maximum liability of Siyakhanda International Trade Concepts (Pty) Ltd, its partners, directors, employees and agents (hereinafter collectively referred to as Siyakhanda International Trade Concepts (Pty) Ltd) (“SITC”) for all claims arising out of software / services provided in connection with any assignment (including but not limited to any engagement/contract) shall be limited to an amount equal to the total fees charged for all services provided in connection with that assignment. This maximum liability shall be an aggregate liability for all claims from whatever source and howsoever arising whether in contract, delict or otherwise.
Where SITC renders services to the client in terms of a specific letter of engagement/contract, the scope of that assignment shall be determined by that letter of engagement/contract. Where SITC renders services otherwise than in terms of a specific letter of engagement/contract, the service rating to each tax invoice issued by SITC shall be considered a separate assignment.
SITC will not be liable to the client or cessionary or third party claiming through or on behalf of the client for punitive damages whatsoever or for consequential or other loss or damages beyond the maximum liability specified.
Any assignment performed for the client is governed by South African law and any claims will be subject to the exclusive jurisdiction of the Courts of South Africa.
Any claims, howsoever arising, must be commenced formally by service of court summons or process initiating arbitration proceedings within six (6) months after the party bringing the claim becomes aware (or ought reasonably to have become aware) of the facts which give rise to the claim and, in any event regardless of the knowledge of the claimant, by no later than one (1) year after the date of alleged breach of contact, delictual act or omission giving rise to a cause of action. This expressly overrides any statutory provision which would otherwise apply.
Any advice given by SITC shall be on the basis of information supplied by the client. SITC shall not be liable to the client or any other party for any damages suffered as a result of failing to disclose any relevant information to SITC. The advice given by SITC is for the sole use of the client and no other party.
SITC will charge at its own discretion, interest at prime rates on any invoices or portion thereof, not paid within30 days of presentation. Any interest charged whether standard or penalty interest will be without any prejudice to any rights that SITC may have in law or otherwise.
It is hereby deemed that the client has accepted that any software and or services rendered by SITC shall at all times be subject to the standard conditions of Trade / Engagement as set out above.
1.1 The Parties shall each appoint a senior executive to serve as their respective representatives under this Agreement.
1.2 In the event of a dispute arising between the Parties, the representatives of each of the parties shall meet to resolve the dispute.
1.3 The representatives will be authorised and responsible for liaison and communication between the parties during the dispute and for resolving any disagreements regarding the interpretation or implementation of this Agreement.
1.4 Should the representatives referred to in 1.2 fail to reach agreement on any matter referred to them for resolution within a period of 7 (seven) days, the chief executive officers or their duly appointed nominee of each of the parties shall meet in an attempt to resolve the dispute within a further (fourteen) day period.
1.5 Only in the event that neither the representatives nor the chief executive officers are able to resolve the dispute, will the matter be referred to the arbitration as provided for in terms of clause 2 below.
Save as otherwise set out in this Agreement, all disputes arising out of or relating to this Agreement including disputes as to the meaning or interpretation of any provision of this Agreement or as to the carrying into effect of any such provision or as to the quantification or determination of any amount or thing required to be determined or quantified in terms of or pursuant to this Agreement, will be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa Limited (or its successors), as amended from time to time, by an arbitrator or arbitrators appointed by the Foundation.
Termination for Convenience.
Customer may terminate the Contractual Agreement / Proposal for convenience with 30 days’ advanced written notice. On the date of such termination, Customer will pay SITC an early termination fee of 100 % of the remainder of the Contract and full fees for all services, including Customization Services already performed.
Effects of Termination.
1.1 Upon termination of this Agreement or License Term,
1.1.1 Customer will cease all use of the Software and delete, destroy, or return all copies of the Software, including any Documentation, in its possession or control.
1.1.2. Termination shall not relieve the customer of the obligation to pay any fees or other amounts accrued or payable to SITC through the end of the current Term. The customer shall not receive a credit or refund for any fees or payments made prior to termination.
1.1.3. The customer will retrieve its Data or copies of its Data from SITC prior to the effective termination date. Upon termination of this Agreement, the customer acknowledge and agree that SITC will delete the customer’s Data. The customer’s Data, once deleted, is not able to be recovered.
1.2 The following will survive termination or expiration of this Agreement:
1.2.1. Any obligation of Customer to pay fees incurred before termination;
1.2.2. Articles and Sections: Restrictions on Software Rights, IP & Feedback, Warranty Disclaimers, and Limitation of Liability
1.2.3. Any other provision of this Agreement that must survive to fulfil its essential purpose.