Terms and Conditions

1. Introduction

Welcome to Innovarte. These Terms and Conditions govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these terms, you must not use our website or services.

2. Definitions

In these Terms and Conditions:

• "Company", "we", "us", or "our" refers to Innovarte, a company operating under the laws of the Republic of South Africa.
• "User", "you", or "your" refers to any person who accesses or uses our website or services.
• "Website" refers to the Innovarte website located at innovarte.co.za and any related subdomains.
• "Services" refers to the software development, consulting, and related services provided by Innovarte.

3. Use of the Website

You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

4. Intellectual Property Rights

Unless otherwise stated, Innovarte and/or its licensors own the intellectual property rights for all material on the website. All intellectual property rights are reserved. You may access this from the website for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from the website
• Sell, rent, or sub-license material from the website
• Reproduce, duplicate, or copy material from the website
• Redistribute content from Innovarte

5. User Content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

6. Privacy and Personal Information

Your privacy is important to us. Our collection and use of personal information in connection with the website and our services are governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. We process personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA) of South Africa.

7. Limitation of Liability

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

8. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

9. Breaches of These Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

10. Variation

We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

11. Assignment

We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

12. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Entire Agreement

These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

14. Governing Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.

15. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

• Email: [email protected]
• Location: Cape Town, South Africa