DATA USE AGREEMENT

This agreement entitles you, upon payment of the relevant fees, where applicable, to use the Data Services supplied on www.tivvit.com, and or its versions (tivvit.co.za, tivvit.mobi, tivvit.info, tivvit.tv, tivvit.net, tivvit.biz) hereafter referred to as Tivvit, provided that you abide by the terms and conditions as set out below.

Tivvit means the website, its owner and operator, Tivvit Solutions (Pty) Ltd, a subsidiary of Knowledge Factory Pty Ltd and any affiliates and subsidiaries. Any mention of Tivvit in this Data Use Agreement will include Tivvit Solutions (Pty) Ltd and any affiliates and subsidiaries.

DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATION AND TRANSACTIONS ACT 25 OF 2002 (ECTA)

You have the rights detailed in Chapter 7 of the ECTA and Tivvit Solutions has the duty to disclose the following information in addition to the information disclosed elsewhere in these Terms of Use:

- Full name and legal status: Tivvit Solutions (Pty) Ltd, a company duly registered in terms of the Companies Act;
- Telephone number: +27 11 955 9115
- Website address: www.tivvit.com
- Registration number and place of registration: 94/01765/07, Pretoria, South Africa
- Names of office bearers: P. Jewell, W. Van Schalkwyk, M. Areff, T. Ahier, C. Corte
- Physical address for receipt of legal service: 16 Ackerman Street, Witpoortjie, Roodepoort, South Africa
- Main business: Software and data solutions

Terms of Agreement

This Agreement shall endure for a fixed period from the commencement date as specified during the registration process and the payment due shall be paid on or before the commencement date, where applicable. The fees payable, where applicable, for the use of the data and or services specified in this Agreement will be the amount specified on the website or indicated by representatives acting on behalf of the owner and operator.

Limits on Usage

You may use the Data Set/s and Data Maintenance Services solely for purposes of your own personal use or for use in your business. You may not, whether for reward or not, provide any person (other than your bona fide employees) with access to, the means to access, or copies of the Data and or Services or any material part thereof (in electronic format or otherwise). Neither may you, in any format whatsoever sell the right of use of the Data and or Services or any material part thereof to any other party without the prior written consent of Tivvit.

You may not cede or assign any rights under this Agreement without the prior written consent of Tivvit.

Obligations of the User

You shall be obliged to ensure that the Data and Services contained within and derived from Tivvit are available only to those employees who are permitted to have access thereto and that all steps necessary to prevent unauthorised use, access to and copying of the Data or any part thereof are implemented. You shall further restrict access to any and all access codes provided by Tivvit to you only to employees you have authorised to have access thereto. You shall not modify the software provided by Tivvit or attempt to circumvent the access code provided by Tivvit, attempt to decompile or otherwise alter the Data and/or data access software in order to circumvent the access code to preserve any portion of the Data and or Services for use by Customer or the any other person after the date of termination of this Agreement.

Upon termination of this Agreement, you shall delete from your hardware and electronic archive system all copies of the Data and shall not utilise the Data for any purpose whatsoever. Furthermore you hereby acknowledge that Tivvit is the owner of the Data and Services and that you have no proprietary rights in regard thereto, save as recorded in this Agreement.

Warranties

Tivvit does not warrant that the Data will be accurate or fit for your intended purpose. You hereby waive all warranties, guarantees, conditions or liabilities, express or implied, arising by law or otherwise, including without limitation, any loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use the Data whether or not occasioned by Tivvit’s negligence (gross or otherwise) or any act or omission on its part.

Your use of the Site further indemnifies Tivvit against any claim from any third party in respect of the use of any information contained within the Data by you. Notwithstanding the foregoing, you agree that in all circumstances where the Data supplied may be found to be defective, the liability of Tivvit shall be limited to the replacement and/or correction of the Data only.

Should section 44 of the ECTA Act be applicable, or should section 16 of the Consumer Protection Act apply, you are entitled to cancel without reason and without penalty this agreement, within 5 (five) business days after the date of the conclusion of the agreement, subject to the exclusions in section 42 (2) of ECTA and the CPA.

Updated: 12 September 2012
Please direct enquiries with respect to these Terms & Conditions to legal@tivvit.com