Terms and Conditions

INTRODUCTION

These terms and conditions govern your use of Maxtec Peripheral’s website (henceforth Maxtec); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Maxtec Peripheral’s privacy policy / cookies policy.

 

LICENSE TO USE WEBSITE

Unless otherwise stated, Maxtec  and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• Redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

 

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without expressed written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Maxtec express written consent.

 

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Maxtec reserves the right to restrict access to other areas of this website, or indeed this entire website, at Maxtec’s discretion.

If Maxtec provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Maxtec may disable your user ID and password at Maxtec ’s sole discretion without notice or explanation.

 

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied.  Maxtec  makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Maxtec does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

 

LIMITATIONS OF LIABILITY

Maxtec  will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Maxtec has been expressly advised of the potential loss.

 

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Maxtec  liability in respect of any:

• death or personal injury caused by Maxtec negligence;
• fraud or fraudulent misrepresentation on the part of Maxtec ; or
• matter which it would be illegal or unlawful for Maxtec  to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

OTHER PARTIES

You accept that, as a limited liability entity, Maxtec  has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Maxtec officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Maxtec officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Maxtec

 

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

INDEMNITY

You hereby indemnify Maxtec and undertake to keep Maxtec indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Maxtec to a third party in settlement of a claim or dispute on the advice of Maxtec legal advisers) incurred or suffered by Maxtec  arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Maxtec  other rights under these terms and conditions, if you breach these terms and conditions in any way, Maxtec  may take such action as Maxtec  deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

VARIATION

Maxtec  may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Maxtec may transfer, sub-contract or otherwise deal with Maxtec rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

ENTIRE AGREEMENT

These terms and conditions , together with DOCUMENTS, constitute the entire agreement between you and Maxtec in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Privacy Policy

Our Privacy Policy explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).

At Maxtec  (including 356 Oak Holdings and associated businesses) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

 

The Company

Maxtec  Peripherals (Pty) Ltd

The information we collect

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services accordingly.  For this purpose we will collect contact details including your name, email, telephone number and organisation.

We collect information directly from you where you provide us with your personal details.  Where possible, we will inform you what information you are required to provide to us and what information is optional.

Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.

 

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you.  In addition, where necessary your information may be retained for legal or research purposes.

For example:

• To gather contact information;
• To confirm and verify your identity or to verify that you are an authorised user for security purposes;
• For the detection and prevention of fraud, crime, money laundering or other malpractice;
• To conduct market or customer satisfaction research or for statistical analysis;
• For audit and record keeping purposes;
• In connection with legal proceedings.

 

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

• Where we have a duty or a right to disclose in terms of law or industry codes;
• Where we believe it is necessary to protect our rights.

 

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Our security policies and procedures cover:

• Physical security;
• Computer and network security;
• Access to personal information;
• Secure communications;
• Security in contracting out activities or functions;
• Retention and disposal of information;
• Acceptable usage of personal information;
• Governance and regulatory issues;
• Monitoring access and usage of private information;
• Investigating and reacting to security incidents.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

 

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require.  We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.

 

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

 

Definition of personal information

Information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Also including the following items as personal information:

• All addresses including residential, postal and email addresses.
• Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website or email legal@maxtec.africa

 

DECLARATION AND INFORMED CONSENT 

By agreeing to use this website, I/ the Data Subject confirm that my / the Data Subject’s Personal Information provided is:

• Accurate, up to date, not misleading and is complete in all respects, save where same may change and then in such an event, I/ the Data Subject undertake to advise Maxtec  of these changes.
• I, / the Data Subject, in providing the required Personal Information to Maxtec , consent and give permission to the Parties to process and further process my /the Data Subject’s Personal Information as and where required and acknowledge that I/ the Data Subject understand the purposes for which the Personal Information is required and for which it will be used.
• Furthermore, should any of the Personal Information which has been provided by myself concern or pertain to a legal entity whom I represent, I confirm that I have the necessary authority to act on behalf of such legal entity/ Data Subject and that I have the right to provide the Personal Information and / or the required consent to use said Personal Information, on behalf of the legal entity.
• Furthermore, should any of the Personal Information belong to any of my dependents and/or beneficiaries who are underage, I in my capacity as their legal guardian and competent person give the Parties the appropriate permission to process their Personal Information for the purposes for which these details were given.