Site Terms & Conditions of Use

1. Introduction

1.1      This web site ww.saqlik.com (the “Site") is owned and operated by QLIKVIEW SOUTH AFRICA - A DIVISION OF DEIXIS (PTY) LTD, (an EOH company) registered in South Africa with company registration number 2003/010010/07, and its holding company, subsidiaries and affiliates (hereinafter collectively referred to as “SA Qlik”).

1.2      The following terms and conditions, which include the Privacy Policy applicable to the user’s usage of an interaction with the Site, (hereinafter the “T’s & C’s”) govern the relationship between the user and SA QLIK in the use of the Site.

1.3      By using the Site, you are agreeing to comply with and be legally bound by these T’s & C’s and you provide your express consent for your personal information to be dealt with on the terms of the Privacy Policy.

2.  Content

2.1      The Site aims to provide general information regarding the consulting, technology and outsourcing products and services SA QLIK provides and is not intended to, nor does it constitute, specific advice, or an invitation to invest in SA QLIK’s shares.  Information, ideas and opinions expressed on this site should not be regarded as the official opinion of SA QLIK.

2.2      No opinions, research information, data or content contained on the Site (whether posted by SA QLIK or a third party) should be construed as advice. Before making any decision or taking any action that might affect your business, you should seek specific, professional advice around consulting, technology and outsourcing products and services.

3. Restrictions on use

3.1      You may utilise the material contained in the Site for you own, non-commercial use.

3.2      You must not, other than as provided for in these T’s & C’s:

3.2.1         Reproduce, redistribute, alter or transmit any material or information contained in the Site;

3.2.2         Use the material for commercial purposes without first obtaining the express written authority of SA QLIK;

3.2.3         Remove any copyright, trademark or other intellectual property right notice contained in the material;

3.2.4         Use the material from the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of SA QLIK.

3.3      To the extent allowed by law, you hereby indemnify SA QLIK against any and all claims arising from the use by third parties of any material from the Site that they have accessed as a result of your reproduction, redistribution, alteration or transmission of that material in contravention of these T’s & C’s.

Under the above wording you indemnify SA QLIK against certain claims, and this places various risks, liabilities, obligations and legal responsibilities on you.

4. Registration and cancellation

4.1      Some areas of the Site may not be freely accessible. You may be asked to complete a form of registration in order to access other areas of the Site (the “Restricted Areas”). It may be that a charge is payable to obtain access to the Restricted Areas, and if not, SA QLIK reserves the right to introduce a charge for such access at any time. If such a charge is introduced, SA QLIK may deny access to the Restricted Areas if you do not pay the relevant charges and comply with any further registration requirements that SA QLIK may, in their discretion, decide to introduce from time to time.

4.2      When you register for access to the Restricted Areas, you may be asked to provide certain personal details (“Personal Information”). SA QLIK will only use the Personal Information in accordance with the Privacy Policy. The Site may use cookies to verify the identity of users who have registered to access the Restricted Areas. For further information on this use of cookies, please see the Privacy Policy.

4.3      SA QLIK reserves the right to terminate your registration to the Restricted Areas and to restrict your access to the Site without notice at any time, provided that, to the extent that the exercise of such right affects your ability to receive or access any information, features or contents for which you have paid or are required to pay any consideration, SA QLIK will use its reasonable endeavours to exercise such right on notice to you.

4.4      You may cancel your registration with the Site at any time by sending an email to info@saqlik.com.

5. Operation of the Site

5.1      SA QLIK reserves the right to suspend or terminate the operation of the Site at any time for the purposes of support and maintenance or to update the information contained on the Site or for any other reason, at the sole discretion of SA QLIK.

5.2      SA QLIK is not obliged to give any notice of such termination or suspension.

6. Disclaimer

6.1      SA QLIK endeavours to ensure the accuracy and reliability of the Site and the content, materials and products included and available on the Site, but due to the possibility of human and mechanical error and other factors, to the extent allowed by law, SA QLIK does not, whether expressly, tacitly or implicitly, represent, warrant or in any other way guarantee the availability, truth, accuracy, completeness or reliability of such information or that it is always up to date or that your access to the Site will be uninterrupted or error-free.

6.2      To the extent allowed by law, you must be satisfied that you may lawfully access the Site, read the pages and/or act upon the material contained in the pages, and SA QLIK accepts no responsibility for your unauthorised access or actions in respect of these matters.

The above wording will limit and excludes obligations, liabilities and legal responsibilities of SA QLIK, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

7. Linking to and from the Site

7.1      The Site may contain links to third party web sites. These linked web sites are not under the control of SA QLIK and, to the extent allowed by law, SA QLIK accepts no responsibility for or liability arising from access to, or the information provided on, any web site which is linked from the Site, or any hyperlink contained in a linked web site. To the extent allowed by law, you link to any such web site entirely at your own risk and liability and SA QLIK recommends that you read the privacy policy and any other legal information contained on any third party web site to which you link.

The above wording will limit and excludes obligations, liabilities and legal responsibilities of SA QLIK, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

7.2      If you wish to establish a link to the SA QLIK Site, the link must include the SA QLIK web address “www.SAQLIK.com”. The name to be used in the link is “SA QLIK”. You may not use SA QLIK’s logo without permission, which permission must be obtained in advance in writing from SA QLIK.

7.3      Neither this Site nor any of its pages may be included in any other Site. Instead, a link to the Site is required at all times. You may not frame the Site without the prior written consent of SA QLIK.

7.4      The fact that the Site contains a link to or from a third party web site does not necessarily imply that there is any affiliation between SA QLIK and the third party web site, or that SA QLIK or its officers or employees endorse the third party web site. The linking web site may not in any way imply that SA QLIK or any of its officers or employees recommend or endorse any of the linked web site products or services.

7.5      SA QLIK reserves the right to withdraw any permission granted, whether tacitly, verbally or in writing, to link to the Site, at any time if it is deemed by SA QLIK, in its sole discretion, to be in the best interest of SA QLIK.

8. Copyright and trademarks

8.1      The works of authorship contained in the Site, including but not limited to, all designs, trademarks, logos, data, text and images, whether registered or unregistered, are the intellectual property of SA QLIK, its affiliates or third parties who have supplied information to SA QLIK and are protected by South African and international intellectual property laws and conventions.

8.2      SA QLIK 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 SA QLIK.

8.3      You are not permitted to use any of the trademarks displayed on the Site without the prior written consent of SA QLIK or the third party that owns the trademark.

9. Comments and feedback

9.1      If you have any questions or comments on, by, or in connection with the Site (“Submissions”) and would like to contact SA QLIK, please email info@saqlik.com. SA QLIK values your Submissions, but SA QLIK shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your Submissions.

9.2      By disclosing, submitting or offering, your Submissions on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, SA QLIK a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sub-license, to use, copy, publicly perform, digitally perform, publicly display and distribute such Submissions, and to sell, modify, create derivative works from and/or to incorporate such Submissions into other works in any form, medium or technology, whether or not known or hereafter developed, in each case, without compensation to you.

9.3      When disclosing, submitting, offering or posting Submissions to the Site, you agree to do so in a responsible and ethical manner, having regard to the following guidelines (“Submission Guidelines”): -

9.3.1         You are solely responsible for any Submission and other material that you submit to, publish or display on, the Site and the views expressed therein are your individual views and do not reflect the views of SA QLIK;

9.3.2         You may not provide any Submission that falsely expresses or implies that such Submission or material is sponsored or endorsed by SA QLIK;

9.3.3         You may not post any Submission that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or impose any obligations, on the use or further distribution thereof;

9.3.4         You further agree that you will not: post Submissions that are abusive, harassing, stalking, threatening or attacking others; defamatory, offensive, obscene, vulgar or depicting violence; hateful language targeting race/ethnicity, religion, gender, nationality or political beliefs; fraudulent, deceptive, misleading or unlawful; trolling (posting of inflammatory or off-topic messages with the primary intent of provoking an emotional response) or otherwise deliberate disrupting normal on-topic; spamming in nature; upload files that contain viruses or programs that could damage the operation of other people’s computers; search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this Site, if such technology will result in slowing down this Site's server or in copyright infringement of any data and information available from this Site; commercial solicitation or solicitation of donations; link baiting (embedding a link in your post to draw traffic to your own site).

9.4      SA QLIK may at any time, without prior notice and its sole discretion, remove any Submission, block any access to the Site or take any other appropriate action against any person who violates the T’s & C’s in general and the Submission Guidelines in particular.

9.5      Any person that delivers or attempts to deliver any malicious or damaging code to this Site or attempts to gain unauthorised access to any page on this Site may be prosecuted and damages may be claimed in the event that SA QLIK suffers any damage or loss.

9.6      To the extent allowed by law, you hereby indemnify SA QLIK against any and all claims arising from your Submission.

The above wording will limit and excludes obligations, liabilities and legal responsibilities of SA QLIK, and also you indemnify SA QLIK against certain claims and limit and exclude your rights and remedies and this places various risks, liabilities, obligations and legal responsibilities on you.

10. Privacy Policy

10.1    SA QLIK are committed to safeguarding the privacy of our users while providing a personalised and valuable service. SA QLIK’s Privacy Policy, which is accessible at http://www.eoh.co.za/quick-links/privacy-policy#.WD6uZ1wsx6c, is expressly incorporated by reference into these T’s & C’s and forms part of these T’s & C’s, explains the data processing practices of SA QLIK insofar as it relates to the Site.

10.2    We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control, but, to the extent allowed by law, SA QLIK assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet. Please see our Privacy Policy for further details.

The above wording will limit and excludes obligations, liabilities and legal responsibilities of SA QLIK, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

11. Consumer Protection Act

11.1    If these T’s & C’s and/or any goods and/or services provided under these T’s & C’s are regulated by the Consumer Protection Act No 68 of 2008, as amended, replaced or re-enacted from time to time ("Consumer Protection Act"), it is not intended that any provision of these T’s & C’s contravenes any provision of the Consumer Protection Act and therefore all provisions of these T’s & C’s must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

11.2    Nothing in these T’s & C’s does or purports to limit or exempt SA QLIK from liability for any loss directly or indirectly attributable to the gross negligence of SA QLIK or any person acting for or controlled by SA QLIK where the law does not allow this and this clause also does not require you to assume the risk or liability for this kind of loss where the law does not allow this.

12. Agreements in Terms of Section 21 of the Electronic Communications and Transaction Act

12.1    No information or data on this Site constitutes an offer to do business, but is merely an invitation to do business.

12.2    No agreements shall be concluded merely by sending a data message to this Site or its owners. Valid agreements will require an acceptance of an offer by SA QLIK.

12.3    No e-mail message shall be deemed to have been received by SA QLIK until a response has been issued from SA QLIK. An automated response, from SA QLIK shall not satisfy this requirement.

13. Information in terms of Section 43(1) of the Electronic Communications and Transactions Act

13.1    In the event that the user is an individual and SA QLIK offers him goods or services for sale, hire or exchange by way of electronic transactions from, by or through the Site, SA QLIK makes the following information available to the user, in terms of Section 43(1) of the Electronic Communications and Transactions Act, no. 25 of 2002 as amended (“the Act”) –

13.1.1      Full name: QLIKVIEW SOUTH AFRICA - A DIVISION OF DEIXIS (PTY) LTD (an EOH company) and its holding company, world-wide subsidiaries and affiliates;

13.1.2      Legal status: Registered private company;

13.1.3      Physical address: Block C Estuaries, 7 OxBow Lane, Century Avenue, Century City, Milnerton, 7441, 0861-754589

13.1.4      Web-site address: www.saqlik.com;

13.1.5      E-mail address: info@saqlik.com

13.1.6      Membership of any self-regulatory or accreditation bodies to which SA QLIK belongs or subscribes and the contact details of that body;

13.1.7      Code of conduct to which SA QLIK subscribes and how that code may be accessed electronically by the user: The corporate codes of conduct of SA QLIK are available on the annual reports and/or Site;

13.1.8      Registration number: 2003/010010/07;

13.1.9      Names of directors: Asher Bohbot, Davide Hanan, John William King;

13.1.10   Place of registration: Republic of South Africa.

13.1.11   Physical address where SA QLIK will receive legal service of documents: Block C Estuaries, 7 OxBow Lane, Century Avenue, Century City, Milnerton, 7441, South Africa.

13.1.12   Description of the main characteristics of the goods or services offered by SA QLIK to enable the User to make an informed decision on the proposed electronic transaction: SA QLIK provides consulting, technology and outsourcing services over a wide range of industries;

13.1.13   Full price of the goods or services, including transport costs, taxes and any other fees or costs: As provided to the user per quote / tender;

13.1.14   Manner of Payment: As advised to the user by SA QLIK in the agreement, quote or tender, or otherwise;

13.1.15   Any terms of agreement, including any guarantees, that will apply to the transaction and how these terms may be accessed, stored and reproduced electronically by the User: As advised to the user by SA QLIK in the agreement, quote or tender, or otherwise;

13.1.16   The time within which the goods will be dispatched or delivered or within which the services will be rendered: As advised to the user by SA QLIK in the agreement, quote or tender, or otherwise;

13.1.17   The manner and period within which the User can access and maintain a full record of the transaction: As advised to the user by SA QLIK in the agreement, quote or tender, or otherwise;

13.1.18   The return, exchange and refund policy of SA QLIK: As advised to the user by SA QLIK in the agreement, quote or tender, or otherwise;

13.1.19   The alternative dispute resolution code to which SA QLIK subscribes and how the wording of that code may be accessed electronically by the User: As advised to the user by SA QLIK in the agreement, quote or tender, or otherwise;

13.1.20   The security procedures and privacy policy of SA QLIK in respect of payment, payment information and personal information: The SA QLIK manual in terms of the Promotion of Access to Information Act, 2 of 2000, is downloadable from www.eoh.com under the “Quick Links” section. Further, as advised to the user by SA QLIK in the agreement, quote or tender, or otherwise;

13.1.21   Where appropriate, the minimum duration of the agreement in case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently: As advised to the user by SA QLIK in the agreement, quote or tender, or otherwise;

13.1.22   The rights of the User in terms of Section 44 of the Act where applicable:

“Section 44. Cooling-off period –

· A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply – of goods within seven days after the date of the receipt of the goods; or of services within seven days after the date of the conclusion of the agreement.

·  The only charge that may be levied on the consumer is the direct cost of returning the goods.

·                         If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.

·  This section must not be construed as prejudicing the rights of a consumer provided for in any other law.”

The User should kindly visit the SA QLIK group subsidiary company web sites for details, where he transacts electronically with that group subsidiary company..

14. General

14.1    These T’s & C’s constitute the sole record of the agreement between you and SA QLIK in relation to the subject matter hereof. Neither you nor SA QLIK shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and SA QLIK in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon SA QLIK unless agreed to in writing by SA QLIK. No indulgence or extension of time which SA QLIK may grant to you will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of SA QLIK in terms hereof, save in the event or to the extent that SA QLIK has signed a written document expressly waiving or limiting such rights.

14.2    SA QLIK 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.

14.3    To the extent allowed by law, SA QLIK may update these T’s & C’s from time to time and you are responsible for periodically reviewing the most current version on the Site. To the extent allowed by law, your continued use of the Site will be deemed your conclusive acceptance of the updated T’s & C’s.  SA QLIK reserves the right to change or delete any information, features or contents of the pages of the Site at any time and without notice.  Notwithstanding the provisions of this clause, to the extent that any such change or deletion relates to any information, features or contents for which you have paid or are required to pay any consideration, SA QLIK will use its reasonable endeavours to exercise this right on notice to you.

14.4    All provisions of these terms and conditions are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these terms and conditions shall remain of full force and effect.

14.5    This Site is created, hosted, maintained and controlled in the Republic of South Africa and as such you agree that the laws of the Republic of South Africa and the jurisdiction of the South African courts govern these T’s & C’s, any disclaimers, copyright and use statements contained in the Site, and any legal matter resulting from the use or inability to use this Site, without giving effect to any principle of conflict of laws.  Notwithstanding the foregoing, SA QLIK may seek recourse in any jurisdiction worldwide in order to restrain the unlawful use of any of the material contained in the Site.

14.6    All disputes in terms of the use of this Site or any agreement flowing therefrom, or relating to the inability to use this Site, will be referred at the sole discretion of SA QLIK either to adjudication in the High Court of South Africa, or to arbitration in terms of the Commercial Rules of Arbitration of the Arbitration Foundation of Southern Africa (AFSA) and such arbitration shall be held in Johannesburg, South Africa and conducted in the English language.

14.7    Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, SA QLIK shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, SA QLIK makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be uninterrupted and error free.

14.8    This Site is supplied on an "as is" basis 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 SA QLIK, that the service available from and through this Site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

1.Privacy Policy

1.1      SA QLIK is committed to safeguarding the privacy of the users of the Site.

1.2      SA QLIK’s privacy policy, which forms part of the Site T’s & C’s, explains the data processing practices of SA QLIK in so far as it relates to the www.SAQlik.com Site (the “Site”).

1.3      SA QLIK has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control, but, to the extent allowed by law, SA QLIK assumes no liability for any loss or damages you or anyone else may suffer as a result of interception, alteration or misuse of information transmitted over the Internet.

The above wording limits and excludes obligations, liabilities and legal responsibilities of SA QLIK, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

1.4      By using the Site, you are consenting to this privacy policy and the collection, use and disclosure of your personal information by SA QLIK as outlined in this privacy policy. If this privacy policy is not acceptable to you, please do not submit any of your personal information.

1.5      If you have any request concerning your personal information, wish to make any amendment to your personal information or have any queries with regard to these practices please contact us by sending an email to info@saqlik.com.

1.6      If we make any changes to this privacy policy, we will post them on this page.

2. Information collected

2.1      We may choose to collect personal information from you via the Site through the use of enquiry and registration forms and every time you e-mail us your details.

3. Use and disclosure of personal information

3.1      We may process personal information collected via the Site for the purposes of –

3.1.1         conducting market consultation exercises; or

3.1.2         providing you with information about new developments on or any changes to the services provided via the Site

3.2      If you do not wish to receive information about our products or services, please indicate this in the appropriate box when providing us with your details (if applicable to this Site).

3.3      We may also use information in aggregate form (so that no individual user is identified) to –

3.3.1         build up marketing profiles

3.3.2         aid strategic development;

3.3.3         manage our relationship with advertisers; and

3.3.4         audit usage of the Site.

3.4      We may disclose your personal information to third parties where:

3.4.1         we have your consent;

3.4.2         we use third parties to assist us in providing services and you have elected to receive one of those services. The third party would only be allowed to use your information for the purposes of providing that service to you; or

3.4.3         we are compelled by law or a court order to do so, or if we believe that such action is necessary for the purposes of the legitimate interest pursued by SA QLIK, to protect and defend the rights, property or safety of SA QLIK, the Site, visitors to the Site or others.

4. Law enforcement authorities

4.1      We may, in our discretion, contact law enforcement authorities if we believe that anything unlawful is occurring in connection with the Site. In this process, we may provide the law enforcement authorities with any personal information that is held by us.

5. Use of cookies

5.1      Cookies may be placed on your computer when you both visit and register on the Site. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information back from the browser. Find out more about the use of cookies on www.cookiecentral.com.

5.2      SA QLIK may use cookies to identify you when you access the Site and to build up a demographic profile. The use of cookies also allows registered users to be presented with a personalised version of the Site.

5.3      By your use of the Site you agree that SA QLIK may use cookies.

5.4      Please ensure that you read the Site T’s & C’s as well.