Website Terms and Conditions | Privacy Policy

SECTION 1. INTRODUCTION AND GENERAL RULES OF USE

1. This website is owned and operated by Limi, Inc. (hereinafter referred to as "Limi", "we", "us" or "our"), a company registered in Delaware, United States of America.
2. Please read the terms and conditions contained herein carefully. Any user should refrain from using, or continuing to use this website unless he/she fully understands these terms and conditions and considers themselves bound to the provisions contained herein.
3. Your use of and access to this website is subject to all of the terms and conditions as set out hereunder.
4. These terms and conditions are enforceable and binding upon the user.
5. These terms and conditions of use may be altered from time to time without any prior notice to the user. All users have the responsibility of checking them from time to time, as the users use of this website is subject to the terms and conditions applicable on the date of use. The current terms and conditions are applicable as at December 2018.

SECTION 2. INTELLECTUAL PROPERTY RIGHTS

1. The entire content of this website (including all information, logos and other graphics) is protected by the Copyright Act No. 98 of 1978, the Trade Marks Act No. 194 of 1993, as well as all applicable national and international copyright and trademark legislation. In particular, Limi is the lawful owner of the copyright in and to the content of the website and of the trademarks contained herein.
2. You are only permitted to view, print or store electronically a copy of any information on our website solely for your personal, lawful, non-commercial use.
3. Any unauthorised use, reproduction, modification and/or distribution of any of the material contained in this website are strictly prohibited and constitute an unlawful infringement of Limi's rights, including but not limited to its intellectual property rights.
4. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website without the explicit written consent from Limi.
5. All rights not expressly specified in these terms and conditions are strictly reserved.
6. The user shall have no rights to, and may not tamper or alter Limi’s intellectual property rights or trademarks in any way whatsoever.

SECTION 3. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION

1. All reasonable steps are taken to ensure that all published information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, correct, complete and/or current.
2. It shall be the user's sole responsibility to determine the accuracy of any of the content contained herein.
3. All reasonable steps are taken to ensure that all published information on the website is accurate and up-to-date. Limi does not, however, warrant that the content or information displayed is always accurate, correct, complete and/or current.
4. It shall be the user’s sole responsibility to determine the accuracy of any of the content contained herein.

SECTION 4. LINKS TO OTHER WEBSITES

1. Any links on the Limi website may take you outside of the Limi network and Limi accepts no responsibility for the content, accuracy or completeness of any third party websites.
2. Any links will be provided for bona fide purposes and Limi cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply that Limi accepts or endorses any of the content displayed in such websites.
3. Limi makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the service, or any of the materials. As such, Limi accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or appropriateness of any information, material or other content contained in the website, nor warrants nor endorses any advertising of third parties carried on the website nor though the provision of links to that carried on other websites.

SECTION 5. ADVERTISING AND SPONSORSHIP

1. Advertising and other promotional material of third parties may appear on our website from time to time. We do not necessarily endorse such third party/ies or any of such third party/ies products and/or the services which are offered.
2. Any advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on our website complies with all relevant laws and applicable regulations.
3. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. Your reliance on any information contained in such material is entirely at your own risk.
4. If applicable, we undertake to comply with the direct marketing provisions of the Consumer Protection Act No 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing, as provided for under the provisions of the CPA.

SECTION 6. WARRANTIES AND DISCLAIMERS

1. Limi does not warrant that any technical aspects of the website or any Limi material will be free from error or that this website, Limi material or the server that makes it available are free of viruses or other harmful components.
2. Your use of this website is therefore exclusively at your sole risk.
3. Accordingly, we make no representations or warranties of any kind, whether express or implied.

SECTION 7. LIABILITY AND INDEMNITY

1. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever cause arising from the access or use of this website, or any Limi website.
2. You hereby indemnify Limi and its partners, affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on an attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the website, or from your breach of these terms and conditions, or from any such acts through your use of the website.

SECTION 8. PROHIBITED ACTIVITY

1. You are prohibited from doing any act that Limi in its sole and reasonable discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website, including but not limited to:
• Any act that would constitute a breach of these terms and conditions or any applicable law or regulation in force at the time in question;
• Using this website to defame Limi, its employees or other individuals or acting in such a way that brings into disrepute the good reputation of Limi;
• Uploading any material that may contain viruses that may cause damage to the property of Limi, or the property of any other third party;
• Any act which is unlawful in accordance with the applicable laws in force in the country in which the user of this website is situated, or the laws in place where Limi and its servers are situated.

SECTION 9. PRIVACY POLICY

1. The terms referred to in this privacy policy shall have similar meanings as utilised in the Protection of Personal Information Act, No. 4 of 2013 (as amended from time to time) (“POPIA”), the Promotion of Access to Information, No. Act 2 of 2000 (“PAIA”) and other data protection legislation enacted in the Republic of South Africa, as well as the General Data Protection Regulation (EU) 2016/679 of the European Parliament (“GDPR”).
2. Any personal information or material sent to the Limi website shall be subject to this privacy policy. Limi will at all times deal with personal information in accordance with the requirements of the applicable legislation.
3. Personal information which is submitted electronically by the user may be stored and used by Limi for only legitimate, lawful purposes and with your consent. Through your use of this website, you will be treated as having given Limi the permission to process and/or collect and/or store and/or use your personal information, except in instances where express/active consent is required then Limi will request your consent in accordance with the applicable legislation. If you are not in agreement with your personal information being processed and/or collected and/or stored and/or used, then do not access and/or make use of this website, opt out by selecting the option to do so, adjust your privacy preferences and/or contact us at the details provided at clause 6 below.
4. Personal information may be collected upon entering this website and upon registration on this website (if applicable) and upon the entering of any competitions, whether entered online or otherwise. All competitions will contain separate terms and conditions, which will be published on this website from time to time. It shall be the responsibility of the user to ensure that they read and fully understand the separate terms and conditions of any competition.
5. The personal information we process and/or collect and/or store and/or use enables us to carry out actions for the conclusion of and/or performance of any of Limi’s service offerings, to verify and update client and supplier details, to constantly improve our services to the public, to contact you regarding products or services which may be of interest to you, to personalise your website experience, to assist in detecting and preventing any unlawful or fraudulent activity and for marketing purposes to ensure that our products and services remain relevant. We may disclose personal information to our business partners who are involved in the delivery of products or services, and other third parties for the same purposes set out hereinabove. We ensure that our business partners and third parties handle personal information in line with this policy.
6. It is your responsibility to update the personal information provided by you to Limi, in the event that same has changed or needs to be updated. Limi cannot be held responsible for any obsolete and inaccurate personal information which you have provided. In the event that your personal information requires updating, please contact Limi on support@limicorp.com.
7. Your privacy and the security and confidentiality of information you provide shall be of the utmost importance to us. Unless obliged to do so in terms of the law, we will not release, rent or sell personal information to any third parties, without your consent. We have implemented the necessary measures to prevent the unauthorised access and use of your personal information. We will continue to review and update our security processes in order to maintain the security of your personal information.
8. We treat all your information provided to us as strictly confidential and keep your registration details and any personal information you upload to us on secure servers. We will comply fully with all applicable data protection and consumer legislation in place, including those provisions contained in the CPA (if applicable).
9. Limi will only use your personal information for the purposes set out herein.
10. If you no longer wish for Limi to process your personal information for the purposes identified above, you are entitled to withdraw your consent by reasonable notice. If you wish to withdraw your consent, please inform Limi on support@limicorp.com and we will abide by the necessary measures as set out in the applicable legislation.
11. Any personal information collected by Limi will not be retained for longer than is necessary for the purpose for which it was collected. In the premises that your personal information is no longer being used for any of the purposes set out herein, Limi will take reasonable measures to secure the deletion/disposal or de-identification thereof.
12. In the event that we wish to use your personal information for any other purpose other than the purposes provided for herein above, we will approach you in order to gain this consent. If your consent is not obtained, we will not use your information for any other purpose than defined herein.
13. Limi is obliged, upon request, to inform you if Limi holds personal information about you. Limi will, within reason, allow you access to the personal information it holds about you. If you wish to find out if Limi processes your personal information, please contact Limi on support@limicorp.com. Please note that any such access may be subject to a legally permissible fee in terms of POPIA and/or any other applicable legislation.

SECTION 10. NEWSLETTER SUBSCRIPTIONS

1. By submitting your personal details on any Limi newsletter subscription form you accept that you are giving permission to Limi to add your details to the Limi contact database. You are thereby giving Limi permission to contact you from time to time with relevant Limi content, which may contain marketing and promotional material.
2. By completing the subscription process you consent to the fact that you have opted in to the Limi database.
3. If applicable, Limi will at all times deal with the database in accordance with the requirements of the POPI and PAIA. Limi confirms that your details will not be traded or exchanged at any time.
4. Limi will only use your details for communication from Limi and its partners and affiliates only, and Limi will take reasonable measures to keep your information secure and protected from unauthorised access, loss, misuse or wrongful alteration. In the unlikely event that the security of your information is compromised, Limi will notify you of such.
5. You may opt out of the Limi database at any time. All emails / correspondence sent from Limi will include an opt-out link in the footer of the mail in compliance with POPI requirements.

SECTION 11. SYSTEM MALFUNCTION

Limi cannot guarantee continuous access to the website and / or to the services which it provides.

SECTION 12. APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you may, to the extent permitted by law and in the sole discretion of Limi, referred to arbitration at any venue or town in South Africa, and to be determined by applying the rules of the Arbitration Foundation of South Africa.