Effective Date: 1 July 2023
Please read these Terms and Conditions ("Terms") carefully before using Evesis Software’s website www.evesis.com (the "Website"). These Terms govern your access to and use of the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website.
1. Use of the Website
1.1 Eligibility: By using the Website, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into a binding agreement.
1.2 Permitted Use: You may use the Website for lawful purposes and in compliance with these Terms. You agree not to use the Website for any illegal, unauthorized, or prohibited activities.
1.3 Intellectual Property: The content, design, graphics, logos, and other materials displayed on the Website are owned by or licensed to us and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent.
2. User Content
2.1 User-Generated Content: The Website may allow users to submit or post content, such as comments, reviews, or other materials ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display the User Content in connection with the Website.
2.2 Responsibility for User Content: You are solely responsible for the User Content you submit or post on the Website. You represent and warrant that you have all necessary rights to grant the above license, and your User Content does not violate any applicable laws or infringe upon the rights of any third party.
2.3 Monitoring and Removal: We reserve the right to monitor, edit, or remove User Content in our sole discretion. We are not responsible for any User Content posted by users on the Website.
3. Disclaimer of Warranties
3.1 The Website and its content are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, or availability of the Website.
3.2 We disclaim all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
4. Limitation of Liability
4.1 To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use of the Website or any content or services provided through the Website.
5. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, costs, or expenses, including attorneys' fees, arising out of or relating to your use or misuse of the Website, violation of these Terms, or infringement of any intellectual property or other rights of a third party.
6. Modifications
We reserve the right to modify or update these Terms at any time. Any changes will be effective upon posting the revised Terms on the Website. Your continued use of the Website after the changes constitutes your acceptance of the revised Terms.
7. Governing Law
These Terms and any dispute arising out of or relating to the Website shall be governed by and construed in accordance with the laws of South Africa. Any legal action or proceeding arising out of or relating to these Terms or the use of the Website shall be exclusively brought in the courts located in South Africa, and you consent to the jurisdiction of such courts.
8. Sever-ability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Website and supersede any prior or contemporaneous understandings or agreements, whether oral or written, regarding the subject matter.
10. Contact Us
If you have any questions or concerns about these Terms, please contact us at info@evesis.com.