SCP TERMS OF USE AGREEMENT FOR WEBSITE

MARCH 2021

1          Consent

1.1            The user is requested to read this Supply Chain Partner group of companies (SCP) website Terms of Use Agreement (this/the Agreement) before using the SCP Website (the website). This Agreement must be read together with the SCP Protection of Personal Information Policy Summary (SCP Popi Summary). Use of the website is subject to the user accepting and agreeing that communication between SCP and the user is governed by this Agreement and the SCP Popi Summary.

1.2            Although a user may specifically be requested to acknowledge and consent to this Agreement, by using the website, the user acknowledges that the user has read and accepts that this Agreement and the Popi Summary govern communication between SCP and the user, and that the user consents to the collection, processing and use of the user’s personal information by SCP for research, reporting, marketing, sales, and general business purposes. “Processing of information” means the automated or manual collecting, recording, organising, storing, updating, distributing and removing or deleting of a user’s personal information.

1.3            A non-consenting user must stop using the website immediately.

This website is hosted by Squarespace. Squarespace collects personal data when the user visits this website, including:

information about the user’s browser, network and device

web pages visited by the user prior to coming to this website

the user’s IP address

Squarespace needs the data to run this website, and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.

 

2                 Content

2.1       The content on the website is not an offer to provide services. It does not constitute a binding contract, and is subject to and conditional on the conclusion of a subsequent valid contract between SCP and the user. The content on the website is not a commitment, promise or legal obligation to deliver any intellectual property, solution capability, code or functionality.

 

3          Copyright and Intellectual Property Ownership

3.1       All content on the website made by SCP, whether in text or graphic format, belongs solely to SCP, and is protected by local and international intellectual property laws, including copyright. Content by a third party belongs to the third party. Ownership of intellectual property in content created by SCP for a user shall belong to SCP.

3.2       Unauthorised use, alteration, copying, transmission, or dissemination of the content on the website is prohibited. The user and/or a third party is not granted permission or a licence to use any content on this website unless prior written consent has been given by SCP. The user shall not permit any other person to use intellectual property owned by SCP without the prior written consent of SCP.

3.3       The user agrees that if the user breaches the terms of this clause 3, SCP will have the right to claim damages from the user, which will include the right to claim special, incidental, consequential or indirect damages. SCP will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.

3.4       SCP shall not be liable for any direct or indirect consequences to the user or a third party resulting from a breach of this clause 3 by the user.

3.5       This clause excludes any end user license agreement (EULA) of a third party supplier or vendor. A EULA is independent from these terms and conditions and establishes a separate legal relationship with the user.

 

4          Communication and records

4.1       When the user accesses the website or sends an email to SCP, the user accepts that SCP may communicate with the user electronically. Records sent to SCP may be stored electronically and with third parties. These electronic records shall be prima facie proof of the records. Any electronic communication sent to the user will be deemed to have been received by the user when it is transmitted online by SCP.

4.2       E mails will contain the user’s screen name and email address, as well as any additional information included in the message.

4.3       SCP takes all reasonable steps to protect the user’s personal information and maintain confidentiality of communications by the user when they are under the control of SCP. However, SCP does not guarantee the security or integrity of any information transmitted by the user online and the user agrees that such transmission is at the user’s own risk.

4.4       SCP retains personal information on SCP systems, for the purpose for which it was collected, or if/when required by law. The user may request to be unsubscribed from SCP’s records at any time. When requested, and provided that it is practical and commercially feasible to comply with the request and there is no legal or regulatory requirement for SCP to keep the information, SCP will delete identifying information from its systems, provided that SCP may keep limited information to comply with the unsubscription request.

5          Cookies, Web Beacons, Pixels

This website collects personal data to power our website analytics, including:

information about the user’s browser, network, and device

web pages visited by the user prior to coming to this website

the user’s IP address

 

This information may also include details about the user’s use of the website, including:

clicks

internal links

pages visited

scrolling

searches

timestamps

SCP shares this information with Google Analytics, our website analytics provider, to learn about website traffic and activity.

5.1      Cookies are small text files that are sent from the website to a user’s computer by the websites that the user visits. They are used to make websites work, or work more efficiently, as well as to provide information to the owners of the website. Cookies may be permanent or temporary. There are different types of cookies:

5.1.1    necessary cookies: These cookies are necessary for website functionality and cannot be switched off without blocking features on the website. They are usually set in response to user actions on the website, such as logging in;

5.1.2    analytics cookies: These cookies allow the website owner to gather analytics on performance and functionality of the website. These analytics can include measurements on the popularity of a page, and browsing patterns.  SCP may aggregate the data for review but may in addition collect information on content a user has viewed. The user can opt-out of having the user’s browsing history on the websites recorded by analytics cookies; and

5.1.3    customisation cookies: These cookies allow customisation and packaging of information for individual users.

 

6          Marketing

SCP may send marketing emails to the user. A user can unsubscribe by clicking the link at the bottom of the email. SCP shares user contact information with Squarespace, SCP’s email marketing provider, so they can send these emails on SCP’s behalf.

6.1       Where SCP is legally required to obtain explicit consent to provide the user with marketing materials, SCP will only provide the user with such marketing materials if the user has consented.

 

7          Links to third party websites

7.1       The website contains links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of SCP and SCP privacy policies may not apply. SCP is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.

7.2       SCP will not be held liable for any content received from third parties, including SCP’s business partners and associated service providers.

7.3       SCP provides links for convenience, and the user agrees that the inclusion of links does not imply an endorsement by SCP of the linked website, their business, or any association with its operators unless such relationship is explicitly stated by SCP.

7.4       The user should contact third parties directly about queries arising from transactions the user concludes with such third parties.

7.5       SCP will not be liable for the quality or performance standards of any recommendations, reports, software, hardware or systems supplied by a third party to the user and which are used for the provision of the services by SCP.

 

8          Unauthorised requests for information

8.1       SCP will not send a user unsolicited or unauthorised requests for personal information and these requests should be deleted.

 

9          Disclaimer

9.1       The website and all information, content, tools and materials are provided by SCP on an “as is” and “and available” basis.

9.2       SCP content is provided “as is”, without warranty of any kind either express or implied, including, but not limited to warranties of non-infringement, future events, including cost to the user, profitability, or sustainability. SCP does not make any representation or warranties, express or implied, statutory or otherwise, regarding SCP content, including its merchantability, suitability, originality, or fitness for a particular use or purpose, non-infringement, or results to be derived from the use of or integration with any services, or that the operation of any services will be secure, uninterrupted or error free.

9.3       SCP does not guarantee that: the website; the content, tools or links included on the website; the SCP servers; or that any electronic communications sent by SCP are free from viruses or other harmful components. SCP will not be liable for any damages arising from the user’s use of the website, including for direct, incidental, punitive and/or consequential damages.

9.4       SCP is not responsible for: any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of SCP; or any inaccurate, incomplete or inadequate information obtained from the website. The user uses the website at the user’s own risk.

9.5       SCP is not responsible for any direct or indirect loss or damages that may arise from:

9.5.1    any of the events described in this paragraph or the paragraphs in clause 9.4 above

9.5.2    the user’s actions or omissions that result in a breach of this user agreement;

9.5.3    any links to other websites from the website;

9.5.4    exclusion by SCP if the user is conducting activities that are illegal, or unethical; or

9.5.5    the user’s reliance on any content from the website.

 

10        Indemnity             

10.1     The user indemnifies SCP, its directors, and employees against any claim, loss or damages which the user may incur or suffer as a result of use of the website by the user.

10.2     The user indemnifies SCP, its directors, and employees, from any errors or inaccuracies or incomplete information made available by SCP or a third party on the website.

10.3     SCP will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from use of this website by the user.

 

11        Changes to this User Agreement

11.1     SCP may change the terms and conditions of this Agreement at any time. The user is requested to regularly access and read the Agreement.

11.2     The most updated version of this Agreement will apply each time that a user accesses and uses the website.

 

12        User access and obligations

12.1     The user must keep access details (including username and password) confidential and not allow other people to use it. The user accepts liability for all activities that occur under the user’s access details or password and accepts responsibility for sharing its username and password. The user may be given an access number, username, password and/or personal identification number (PIN). The user must not disclose the username, access card, password and/or PIN to third parties.

12.2     The following actions shall be material breaches of these terms and conditions by the user:

12.2.1  signing in as, or pretending to be, another person;

12.2.2  transmitting material that violates, or could violate any applicable law, including the intellectual property rights of others or the privacy of others.

12.2.3  using interactive services in a way that is intended to harm, or could result in harm, to the user or to other users of the website; or

12.2.4  gathering information about others without obtaining their prior written consent.

12.3     The user guarantees that all user information provided to SCP is true, accurate, current and correct and the user undertakes to update the information as and when required.

 

13        Applicable law

13.1     By accessing and using the website, and notwithstanding the Territory of origin or operation of the user or SCP, the user agrees that the laws of the Republic of South Africa will govern this Agreement, and the user consents to arbitration in South Africa respect of any dispute which may arise from this Agreement.

 

14        General Provisions

14.1     The headings of the clauses in this Agreement are for convenience and ease of reference only, and will not be used to interpret, modify this Agreement.

14.2     If any provision of this Agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this Agreement.

14.2     No failure or delay by SCP to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this Agreement.