myPERI Portal Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MYPERI PORTAL

1. What are in these terms?

1.1. These terms and conditions are between you and PERI Formwork Scaffolding Engineering (Pty) Ltd (PERI) and apply to your access to the MyPERI Portal (MyPERI). These terms and conditions apply in addition to PERI’s Privacy Policy which also applies to your use of the MyPERI Portal. PERI’s general website terms and conditions also apply.

1.2. The terms of any service agreement between PERI and you (or the person on whose behalf you are accessing the MyPERI Portal, such as your employer) will apply to your access to the MyPERI Portal and your use of the material that you access on it.

1.3. These terms and conditions do not apply to any other products, services or software provided by PERI.

1.4. By using the MyPERI Portal, you confirm that you accept these terms and agree to comply with them. If you do not agree with these terms, you must not access or use the MyPERI Portal.

1.5. You are also responsible for ensuring that all persons who access the MyPERI Portal under your authority or through your internet connection, such as your employees and agents, are aware of and comply with these terms and any other applicable terms and you will be responsible for any such person’s breach of such terms. Equally, if you are accessing the MyPERI Portal on behalf of someone else (for example your employer), you must ensure that you are authorised to do so and must comply with these terms when doing so.

2. Who we are and how to contact us

2.1. These are our contact and other relevant details. Please submit any query in respect of these Terms and Conditions to us using one of these contact methods:

2.1.1. Company Name: PERI Formwork Scaffolding Engineering (Pty) Ltd

2.1.2. Registration Number: 2009/005054/07

2.1.3. Directors: JJJ Vermeulen, JH van der Merwe, FVR Coetzee, DJ Lubbe, E Eksteen

2.1.4. Tel: +27 (0)21 880 7777

2.1.5. E-mail: info@peri.co.za

2.1.6. Physical Address: 15 Range Road, Blackheath, Western Cape, South Africa, 7580

2.1.7. Registered Address: 15 Range Road, Blackheath, Western Cape, South Africa, 7580

3. We may make changes to these terms or the MyPERI Portal

3.1. We amend these terms from time to time. Every time you wish to use the MyPERI Portal, please check these terms, which can be found on our website, to ensure you understand the terms that apply at that time.

3.2. We may update and change the MyPERI Portal from time to time to reflect changes to the information and services available through the MyPERI Portal, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

4. We may suspend or withdraw the MyPERI Portal

4.1. The MyPERI Portal is made available free of charge but may contain data from services that are charged for.

4.2. We do not guarantee that the MyPERI Portal, or any content on it, will always be available or be uninterrupted or error-free or compatible with any third-party software or equipment. We may suspend or withdraw or restrict the availability of all or any part of the MyPERI Portal for business and operational reasons such as planned maintenance. We will try to give you reasonable notice of any suspension or withdrawal where possible.

4.3. We reserve the right at our sole discretion and with or without cause to disable or withdraw your access to the MyPERI Portal at any time, without liability to you or prejudice to our other rights or remedies.

5. Your obligations

5.1. You are responsible for configuring your information technology, computer programmes and platform to access the MyPERI Portal. In particular, you must make your own arrangements for suitable and adequate internet access in order to access the MyPERI Portal.

5.2. Currently, a web browser is required to access the MyPERI Portal. In addition, drawings that are made available via the MyPERI Portal are made available in DWG format and you must make your own arrangements to purchase or licence appropriate software to be able to access and view such drawings.

5.3. You may not:

5.3.1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the MyPERI Portal in any form or media or by any means; or

5.3.2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the MyPERI Portal or any content available via the MyPERI Portal, including any myPERI Portal Drawings made available via the MyPERI Portal; or

5.3.3. access all or any part of the MyPERI Portal in order to build a product or service which competes with the MyPERI Portal; or

5.3.4. use the MyPERI Portal to provide services to third parties that are equivalent or similar to, or which compete with, the MyPERI Portal; or

5.3.5. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the MyPERI Portal available, to any third party except your employees and agents who are authorised to use the MyPERI Portal (Authorised Users); or

5.3.6. attempt to obtain, or assist third parties in obtaining, access to the MyPERI Portal, except the Authorised Users.

5.4. You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the MyPERI Portal and, in the event of any such unauthorised access or use, you must promptly notify us.

5.5. We are permitted to monitor and audit your use of the MyPERI Portal from time to time for compliance with these terms and as otherwise reasonably required or beneficial to the performance and development of the MyPERI Portal.

6. You must keep your account details safe

6.1. To access the MyPERI Portal you will need to create an account on our website, or we will create one on your behalf. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms or any other applicable terms.

6.3. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us by sending an email to info.myperi@peri.co.za.

7. Intellectual Property Rights

7.1. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the MyPERI Portal, and the material published on it. Except as expressly stated herein, these terms do not grant you any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the MyPERI Portal or the material published on it.

7.2. You may print off and download content from the MyPERI Portal for your use in connection with your project(s) and you may draw the attention of others within your organisation to content posted on the MyPERI Portal.

7.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.4. Our status (and that of any identified contributors) as the authors of content on the MyPERI Portal must always be acknowledged (except where the content is user-generated).

7.5. If you print off, copy, download, share or repost any content on the MyPERI Portal in breach of these terms of use, your right to use the MyPERI Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. Our responsibility for loss or damage suffered by you

8.1. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and services to you other than the MyPERI Portal, which will be set out in the agreement with us that governs the purchase such products and services.

8.2. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the MyPERI Portal may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

8.3. Except as expressly and specifically provided in these terms and conditions:

8.3.1. you assume sole responsibility for results obtained from your use of the MyPERI Portal, and for conclusions drawn from such use. We will have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the MyPERI Portal;

8.3.2. we exclude all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law to the fullest extent permitted by applicable law; and

8.3.3. access to the MyPERI Portal is provided to you on an "as is" basis.

8.4. You acknowledge that we are not and cannot be aware of the extent of any potential loss or damage to you resulting from any failure of the MyPERI Portal.

8.5. We will not be liable to you for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, relating to or arising from:

8.5.1. your use of, or inability to use, the MyPERI Portal; or

8.5.2. your use of or reliance on any content displayed on the MyPERI Portal.

 

8.6. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.

8.7. You are solely responsible for securing and backing up your content on the MyPERI Portal. In the event of any loss or damage to the information made available via the MyPERI Portal, your sole and exclusive remedy will be for us to use reasonable commercial endeavours to restore the lost or damaged information from the latest back-up of such information maintained by us. We will not be responsible for any loss, destruction, alteration or disclosure of information caused by any third party.

9. Do not rely on information on the MyPERI Portal

We make reasonable efforts to update the content made available via the MyPERI Portal but such content, including product assembly and safety videos, is provided for general information only. You and any contractors involved in your project should not rely on such content and nothing in these terms and conditions will constitute any representation or warranty that such content is accurate, complete or will result in the successful completion of your project. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the MyPERI Portal.

10. We are not responsible for translated documents

10.1. The MyPERI Portal, its content and any services provided in relation to the same is only targeted to, and intended for use by, individuals located in South Africa.

10.2. All drawings, designs, instructions and other technical information relating to the manufacture, installation or supply of our products or services made available via the MyPERI Portal (Technical Information) will be in English and based on South African law. You must comply with all laws, regulations and practices in force in the countries in which you use our products and services.

10.3. Any Technical Information made available via the MyPERI Portal in a language other than English is provided for information only and we make no warranty that such translations are accurate or comply with the applicable laws of any country other than South Africa.

11. Third party providers

11.1. You acknowledge that the MyPERI Portal may involve, enable or assist you in accessing the website content of, corresponding with, and purchasing products and services from, or entering into contractual and other arrangements with third parties, in particular, providers of hardware devices and software programs. We make no representation, warranty or commitment and will have no liability or obligation whatsoever in relation to such access, correspondence, transactions, contracts or arrangements except as expressly agreed to in writing. Any such contract, transaction or arrangement is entered into between you and the relevant third party, and not PERI.

11.2. We will have no liability to you for any loss, damage cost or liability you may incur in relation to any such third-party contract, transaction or arrangement as a result of the termination of your access to the MyPERI Portal, however occurring and for whatever reason.

12. We are not responsible for viruses and you must not introduce them

12.1. We do not guarantee that the MyPERI Portal will be secure or free from bugs or viruses. You should use your own virus protection software.

12.2. You must not misuse the MyPERI Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the MyPERI Portal, the server on which the MyPERI Portal is stored or any server, computer or database connected to the MyPERI Portal.

13. How we may use your personal information

13.1. We will only use your personal information as set out in the Privacy Policy of PERI, copies of which are available on our website or via the MyPERI Portal.

14. How to complain about or report content

14.1. If you wish to complain about any content, please contact us by sending an email to info.myperi@peri.co.za.

15. We may transfer this agreement to someone else

15.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16. Waiver

16.1. If we do not exercise our rights or remedies against you under these terms and conditions, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

17. Severance

17.1. Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any of them is invalid, unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If any invalid, unlawful or unenforceable provision would be valid, lawful and enforceable if some part of it were deleted, the provision shall apply with whatever modification is necessary.

18. Governing law and jurisdiction

18.1. Any dispute or claim arising out of or in connection with these terms and conditions, their subject matter and their formation, will be exclusively governed by and construed in accordance with the law of South Africa.

18.2. The courts of South Africa will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions.