Terms of Use
This Website is a service made available by the Company and it may only be used under the following terms and conditions, which shall constitute an agreement between the Company and the User (“this Agreement”). The User’s use of this Website, whether or not the User explicitly accepts this Agreement, constitutes the User’s agreement to be bound hereby.
Definitions and interpretation:a. “Content” shall include but not be limited to text, submissions, images, audio and/or video, PDF’s in whole or in part;
b. "Submissions" shall include but not be limited to notes, images, creative materials, ideas, suggestions concepts, communications including any data, questions, comments and other information submitted in the Website via transmission by electronic mail or otherwise;
c. “The Company” means GrowBPO (Pty) Ltd (registration number 2022/321082/07).
d. “User” means any person who enters, uses or accesses the Website, notwithstanding the fact that such a person only visited the home page of the Website;
e. “The Website” means the website located at http://www.growbpo.ch and includes all of its contents and features, and any part or element thereof;
In this Agreement unless it appears to the contrary, the singular shall include the plural and visa versa, any reference to any gender shall also include the opposite gender and any reference to a natural person, shall include legal person and visa versa.
1. Website license:i. As a User of this Website, the User is granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website and Content in accordance with this Agreement. The Company may terminate this license at any time and for any reason.
2. Important notice:i. This Agreement applies to Users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
ii. The User’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
iii. If there is any provision in this Agreement that the User does not understand, it is the User’s responsibility to ask the Company to explain it to the User before accessing the Website again or continuing to use the Website, failing which, the User must leave the Website.
iv. The Company permits the use of this Website subject to this Agreement. By using this Website in any way, the User shall be deemed to have accepted this Agreement unconditionally. The User must not use this Website if the User does not agree to this Agreement.
3. Trade mark, copyright and restrictions on use:i. The Content on this Website is for the User’s personal use only and not for commercial exploitation.
ii. The User is strictly prohibited from creating works that are based on the Content found on this site. The prohibition applies regardless of whether the Content is sold, negotiated or given away and/or further alienated in any manner whatsoever.
iii. The User, with the inclusion but not the limitation of the following, may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or dis-enable, display, or distribute or in any way exploit any of the Content, except in so far that the User may download or print one copy of the Content on any single computer for the User's personal, non-commercial use only. Provided that all propriety notices and restrictions attached onto the Content are kept intact, unless expressly permitted by the site, or unless prior written consent from the Company has been obtained.
iv. Users may not de-compile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license or create derivative works from this Website or Content.
v. Users may not use any network monitoring or discovery software to determine the site architecture or extract information.
vi. Users may not use any robot, spider, web crawlers, other automatic software or device, or manual process to monitor, search or copy this Website or the Content without the Company's prior written permission.
vii. Users may not use this Website to transmit any false, misleading, fraudulent or illegal communications.
viii. Users may quote small and reasonable amounts of Content available from the Website only if such quote is placed in inverted commas and acknowledged.
ix. Users may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above.
x. No person may frame the Website, in any manner whatsoever, without the prior written consent of the Company.
xi. The Company 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 obtained any Content from the User.
xii. Hyperlinks to the Website from any other source shall be directed at the home page of the Website. The Company shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of Content from the Website if such Content was accessed through a hyperlink which was not directed at the home page of the Website. Persons that wish to link to Content beyond the home page of the Website shall do so at their own risk and indemnify the Company against any loss, liability or damage that may result from the use of Content from the Website. The Company’s non-liability for deep linking is based on the fact that deep links may bypass this Agreement.
4. Intellectual property rights and domain name use:i. All intellectual property on the Website, including but not limited to Content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to the Company and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User herein, all other rights to intellectual property on the Website are expressly reserved.
ii. “GrowBPO” may, now or in the future, constitute a registered trademark and Users agree not to use such trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so, a User shall immediately cease to use such domain name and transfer it to the Company at the cost of the User.
5. Changes and amendments:i. The Company expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
a. change this Agreement;
b. change the Content and/or services available from the Website;
c. discontinue any aspect of the Website or service(s) available from the Website; and/or;
d. change the software and hardware required to access and use the Website.
6. Privacy policy:i. The Company 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 2 of 2000 (“PAIA”). The Company's PAIA Manual can be downloaded using the following link:
www.growbpo.ch/downloads/paia-manualii. The Company may electronically collect, store and use the following personal information of Users:a. name and surname;b. birth date;c. gender;d. address;e. contact numbers;f. non-personal browsing habits and click patterns;g. e-mail address;h. IP address;i. User selected password
iii. The Company may collect, store and use the abovementioned information for the following purposes:
a. providing support and services to the User;
b. subject to the User’s consent, inform the User of facts relating to his/her access and use of the Website;
c. subject to the User’s consent, inform the User about competitions and special offers from the Company and/or its partners / affiliates; and
d. to compile non-personal statistical information about browsing habits, click-patterns and access to the Website.
iv. The Company may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:
a. The Company shall not disclose personal information from Users unless the User consents thereto;
b. The Company shall disclose information without the User’s consent only through due legal process; and
c. The Company may compile, use and share any information that does not relate to any specific individual.
v. The Company owns and retains all rights to non-personal statistical information collected and compiled by the Company.
vi. This privacy statement describes how the Company collects and uses the personal information provide to it by its Users. It also describes the choices available to the User regarding the Company’s use of the User’s personal information and how the User can access and update this information. The Company is committed to protecting the privacy of Users of this Website and its services. To better inform the User of the Company’s policy concerning User privacy, the Company has adopted the following terms, which adhere to the General Data Protection Regulation (GDPR) and Protection of Personal Information Act (POPIA) 4 of 2013.
vii. It is possible, either now or from time to time, that for the Company to enable its Users to access the Website, its services and all and any functionalities, that the Company may collect, amongst other things, information concerning internet protocol addresses, usernames and passwords, or other authentication methods, names, postal address, email address and transactional information.
viii. In connection with any submissions made on this Website, the Company may collect any number of different data which falls within the scope of either the GDPR or POPIA.
ix. The Company will use its best endeavours to limit the types of personal information it processes. However, to the extent necessary, a User’s agreement to this Agreement constitutes consent as contemplated in section 69 of POPIA and/or Article 7 of the GDPR (whichever is applicable).
x. The Company will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with the User’s specific consent (provided herein or otherwise) or in the circumstances permitted by law.
xi. The Personal Information that the Company collects from Users shall only be accessed by the Company’s employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
xii. The Company may also collect certain non-personally identifiable information, such as the type of browser used by the User (e.g. Firefox, Internet Explorer, Chrome), the type of operating system used by the User (e.g., Windows or Mac IOS), and the domain name of the Internet service provider used by the User.
xiii. The Company may also collect personally identifiable information through correspondence sent to it by the User.
xiv. The Company does not knowingly collect personally identifiable information from anyone under the age of 16. If it is discovered that the Company has collected such information, it will promptly delete that information.
a. Data Integrity & Use of the Information
1. The Company uses the personal information collected in ways that are compatible with the purposes for which it was intended to be used, such as:
A. to enable the use of this Websites and services, and to allow the Company to render services not provided directly through this Website, such as the sourcing of South African professionals render services remotely to Swiss companies and for Swiss companies to find such South African professionals;
B. to respond to a User’s inquiries;
C. for system administration, customer support and troubleshooting purposes;
D. for new product announcements and product updates;
E. for service announcements;
F. for sending newsletters;
G. to improve the design of this Website;
H. to enable the Company to enforce this Agreement;
I. to track and analyse site usage.
2. The Company will take reasonable steps to ensure that personally identifiable information is relevant to its intended use, accurate, complete, and current. If a User wishes to opt out of the Company’s use of personally identifiable information, it may do so. Additionally, a User (or Data Subject) shall have the following rights in respect of the Company, all of which shall require the Company to respond without undue delay and at the latest within one month: (i) To obtain confirmation of whether or not his/her personal data are being processed; (ii) To access the data (or a copy thereof); (iii) To be provided with supplemental information about the processing. If the User feels that his/her data are incorrectly processed, he/she has the right to object and demand clarification on the processing activities of the Company, and/or ask for restriction on the processing of his/her data until the issue is resolved.
b. Use of Cookies and Behavioural Targeting
1. The Company may elect to use "cookie" technology. Cookies are small pieces of text that are stored on the User’s computer and act as a tool for controlling certain system variables and storing system configuration information in the “www” environment. From time to time, the Company may use cookies to store user preferences for viewing the Website, regional and geographical information connected to an IP address, and to store submission and authentication information. The Company does not use cookies to identify what other sites a User has visited. However, the Company may use certain tools to understand the flow of traffic to and from this Website. A User can control the use of cookies at the individual browser level, but if a User chooses to disable cookies, it may limit the User’s use of certain features or functions on this Website or its services.
2. As with most websites, the Company may gather certain information automatically and store it in log files. This information may include IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or click-stream data. The Company may link this automatically collected data to other information that it may collects about a User.
3. While some cookies are used to control basic functions of the site, some cookies store basic user information in certain ways. Some cookies that are essential to a User’s use of this Website may have already been set. The User may delete and block all cookies from this Website, but it may not work without cookies. From time to time, the Company may use the following types of cookies:
A. Session Cookies: These cookies may be used to maintain a so-called 'session state' and only last for the duration of a User’s use of this Website. A session cookie expires when a User closes the browser, or if the User have not visited the server for a certain period of time. Session cookies may be required for the Website to function optimally, but are not used in any way to identify a User personally.
B. Permanent Cookies: These cookies permanently store a unique code on a User’s computer or smart device hard drive in order to identify a User as an individual user. No personal information is stored in permanent cookies. A User can view permanent cookies by looking in the cookies directory of the browser installation. These permanent cookies may not be required for the Website to work, but may enhance a User’s browsing experience.
C. Third Party Cookies: Third party service providers may use cookies to make it easier for the User to navigate the Company’s site, but those cookies are not covered by this privacy policy. The Company does not have access or control over these cookies, if used. Different cookies serve different purposes.
c. Widgets
1. This Website may include social media features from time to time, such as the Facebook Like button and Widgets such as any ‘Share This’ button or interactive mini-programs that run on this Website ("Features"). These Features may collect a User’s IP address, which page the User is visiting on the Website, and may set a cookie to enable the Features to function properly. Features are either hosted by a third party or hosted directly on the Company’s Website. A User’s interactions with these Features are governed by the privacy policy of the company providing the relevant Feature.
d. Onward Transfer of Information
1. The Company may work with other organizations that provide specific services to it. The Company will provide only the personal information necessary for the third party to provide these services for it. These organizations may not use personal information except for the purpose of providing these services.
2. The Company may also transfer personally identifiable information to third parties, including third parties located internationally, such as applicable publishers, other content providers, and libraries, who can better assist with User inquiries, to facilitate order fulfillment and to enable them to inform Users of services provided by the Company and/or the third parties' products and services that may be of interest, if applicable. The Company shall require that these parties agree to process such information based on its instructions and in compliance with this privacy policy, and any other appropriate security measures.
3. In relevant cases, the amount of data transmitted is limited to the minimum required. This privacy policy is consistent with the POPIA & GDPR.
4. The Company does not sell or share personal information about or the purchasing history of individual Users, except as set forth above and in the following circumstances:
5. In certain situations, the Company may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. The Company will do so if required to by law, or if the Company believes, in good faith, that such action is necessary to comply with the law or a legal proceeding, or to protect against violations of this Agreement, or to protect and defend the Company’s rights and property or the rights and property of rights holders whose content is made available through this Website and its services, or with service providers with whom the Company has entered into agreements to assist it with its business operations;
6. In addition, the Company may share general usage data in aggregated form so that no personal information is identifiable to participating institutions, content providers, researchers, and the general public. The Company will provide the User with all of the User’s retained personal information provided via the Website, where applicable, on request.
e. Consent
1. By using this Website, the User consents to the collection and use, in accordance with this Agreement, of the information that the User provide to the Company. The Company will remove a User’s personally identifiable information from its records or refrain from using same in connection with certain services on request, if the User should so contact the Company. This may prevent a User from accessing this Website and its services if the Company requires this information in order to perform properly.
2. The Company shall be entitled to process a User’s personally identifiable information in South Africa. The Client hereby expressly authorizes the transfer of same to the Company in South Africa for processing, as and when required to perform its services. By agreeing to this Agreement, the User and the Company agree to be bound by the Standard Contractual Clauses for data transfers between EU and non-EU countries. The governing law shall be law of the member state in which the User is resident. The aforementioned Clauses shall be updated and/or amended from time to time in accordance with any changes to the applicable data protection law and/or any updates to the technical and organisational security measures implemented by the Company.
f. Security
1. The Company protects Users’ personal information from unauthorized access and disclosure through the use of passwords and physical and software security measures. Nonetheless, the Company recognize that third parties may obtain access to information through unlawful actions, and thus do not promise that a User’s information will always remain private, despite the Company’s efforts and the importance it places on maintaining a User’s privacy. Additionally, the Company does not claim any responsibility for information collected by or from websites linking to or from this Website.
2. In the event that the Company discovers or is notified of a security breach where personal information is at risk, it will notify the User electronically if the Company has a User’s email address. If the User do not wish to be notified via email in the event of a breach, please contact the Company and notify it accordingly.
g. Access, Erasure, and Correction
1. Upon request, the Company will provide a User with information about whether it holds any of a User’s personal information. If a User would like to review, delete or update such information, the User may contact the Company. The Company will permit the User to correct, amend, or delete information that is demonstrated to be inaccurate. The Company will respond to such request within a reasonable time frame. Please note, because of the way that the Company maintains certain services, after a User deletes or amends such information, residual copies may take a period of time before they are deleted from the Company’s active servers, if applicable, and may remain in the Company’s backup systems.
2. The User will need to provide sufficient identifying information, such as name and email address, and possible additional identifying information, as a security precaution.
h. Data Retention
1. The Company will retain a User’s information for as long as an account is active or as needed to provide the User with the services that it sought by accessing this Website, or as may be required by law. If a User wishes to cancel an account or request that the Company no longer use a User’s information to provide any services, please contact the Company accordingly. The Company will retain and use a User’s information as necessary to comply with its legal obligations, resolve disputes, and enforce any of its agreements.
i. Enforcement and Dispute Resolution
1. The Company will use its best endeavours to ensure compliance with this privacy policy. The Company encourages interested persons to raise any concerns with the company. The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this policy.
2. If a User has an unresolved privacy or data concern that the Company has not addressed satisfactorily, European Union data subjects may seek other remedies or lodge a complaint with a supervisory authority, in particular in the member state of a User’s habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the GDPR.
j. Notification of Privacy Policy Changes
1. The Company may update this privacy policy to reflect changes to its information practices. If the Company makes any changes to the manner in which it uses a User’s personal information, it will update this privacy policy. The Company encourages any User to periodically review this Agreement for the latest information on its privacy practices.
7. Hyperlinks to third party sites:i. The Company may provide hyperlinks to websites not controlled by the Company (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. The Company does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
8. Security:i. The Company shall take all reasonable steps to secure the Content of the Website however, the Company does not make any warranties or representations that Content shall be 100% safe and secure.
ii. The Company is under no legal duty to encrypt any Content or communications from and to the Website and is also under no legal duty to provide digital authentication of any page on the Website.
iii. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Website or the server and computer network that support the Website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold the Company harmless against any and all liability, damages and losses the Company and its partners or affiliates may suffer as a result of such damaging code.
iv. Users may not develop, distribute or use any device to breach or overcome the security measures of the Company, and the Company reserves the right to claim damages against any and all persons concerned with a security failure or breach.
9. Disclaimer and limitation of liability:i. The Company, its owners, employees, suppliers, partners, affiliates and agents shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
a. access to the Website;
b. access to websites linked to the Website;
c. inability to access the Website;
d. inability to access websites linked to the Website;
e. Content available on the Website;
f. services available from the Website;
g. any other reason not directly related to the Company’s gross negligence.
ii. The Company shall not be liable for any loss, claim, liability or damage of any kind resulting from the use of the Website.
iii. This Website and the Content are supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy him/herself, prior to entering into this agreement with the Company, that the Content, products and services available from and through the Website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
iv. Information, ideas and opinions expressed by the Company through electronic mail or on the Website should not be regarded as professional advice or the official opinion of the Company and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
v. The Company does not make any warranties or representation that Content and services available from the Website will, in all cases, be true, correct or free from any errors. The Company shall take all reasonable steps to ensure the quality and accuracy of Content available from the Website.
vi. The Company does not make any warranties or representations that communications with the Company will be available at all times. Users acknowledge that the Website and communications with the Company may be unavailable due to updates or other causes beyond the reasonable control of the Company, including, but not limited to virus infection, power failure or other “acts of God”.
10. Removal and correction of Content:i. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful Content available on the Website to the Company. The Company undertakes to correct and/or remove such Content or any part thereof if the person reporting such Content provided reasonable grounds to prove the alleged nature of the Content.
11. Interception of communications:i. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to the Company’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Website or its staff and employees.
ii. The User agrees and acknowledges that the consent provided by the User in terms of this Agreement satisfies the “writing” requirement.
12. Unlawful activity:i. The Company reserves the right to investigate complaints, suspicions or reported violations of this Agreement and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to the applicable authorities, regulators or third parties and disclosing and information necessary to appropriate such persons or entities.
13. Entire agreement and severability:i. This Agreement constitutes the entire agreement between the Company and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by the Company from the User.ii. In the event that any clause detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining clauses. The remaining clauses shall remain enforceable and applicable.
14. Applicable and governing law:i. Notwithstanding the “.ch” domain of this Website, the Website is controlled and operated from the Republic of South Africa and, therefore, the South African law enforced by the South African courts governs the use or inability to use the Website, its Content, services and this Agreement.
15. Termination of this Agreement:i. The use of or access to the Website constitutes the Users acceptance of this Agreement, which are binding on the User and shall take effect on the date when the User first makes use of or accesses the Website.
ii. If the User does not accept all the clauses in this Agreement in full, the User must exit the site immediately.
iii. The Company has the exclusive discretion to terminate the agreement at any time.
iv. After the User has exited the site as aforesaid, the User must destroy all content, whether content, materials or software, obtained from the site and all copies thereof.
v. In the event of the User failing to exit the site as aforesaid, the Company has the right to claim any indirect, direct, incidental, special or punitive damages caused to the Company from the Users unauthorized access and/or use of Website. The User further indemnifies the Company against any claims for damages of whatsoever nature caused to another party by the Users unauthorized use and/or access of the Website.
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