Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the Priviso (Pty) Ltd ("Priviso", "we", "us", or "our") website located at www.priviso.co.za and any related services we provide.

By accessing or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and Priviso. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on this website.

2. Our Services

Priviso is a South African ICT consultancy specializing in:

• Privacy and data protection consulting
• POPIA (Protection of Personal Information Act) compliance
• PAIA (Promotion of Access to Information Act) compliance
• RICA (Regulation of Interception of Communications Act) compliance
• Privacy officer services
• Risk assessment and management
• Contract review and policy development
• Information security consulting
• Training and awareness programs

The specific terms for professional services will be set out in a separate service agreement or statement of work between you and Priviso.

3. Website Use

3.1 Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the website or its systems
• Use automated tools to access, scrape, or collect data from the website
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the website's functionality
• Impersonate any person or entity
• Use the website for any commercial purpose without our consent

3.2 Website Content

The information provided on our website is for general informational purposes only and should not be construed as professional legal, financial, or technical advice. While we strive to keep the information accurate and up-to-date, we make no representations or warranties about the completeness, accuracy, or reliability of the content.

3.3 Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of these external sites. The inclusion of any link does not imply endorsement by Priviso.

4. Intellectual Property

4.1 Ownership

All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Priviso or its content suppliers and is protected by South African and international copyright, trademark, and other intellectual property laws.

4.2 Trademarks

The Priviso name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Priviso. You may not use these marks without our prior written permission.

4.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the website or its contents
• Any derivative use of the website or its contents
• Any downloading or copying of account information
• Any use of data mining, robots, or similar data gathering tools

5. Professional Services Terms

5.1 Service Agreements

Professional services provided by Priviso are governed by separate service agreements, statements of work, or engagement letters. In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail.

5.2 Professional Standards

Priviso commits to providing services with due care, skill, and diligence in accordance with applicable professional standards and industry best practices.

5.3 Client Responsibilities

When engaging our professional services, you agree to:

• Provide accurate and complete information as requested
• Cooperate with our team and provide timely responses
• Make available necessary personnel and resources
• Review and approve deliverables within agreed timeframes
• Pay invoices according to agreed payment terms

5.4 Deliverables

Unless otherwise specified in a service agreement, all deliverables remain the property of Priviso until full payment is received. Upon full payment, you will receive a license to use the deliverables for your internal business purposes.

6. Confidentiality

6.1 Mutual Obligations

Both parties agree to maintain the confidentiality of any confidential information received from the other party during the course of our business relationship.

6.2 Definition

Confidential information includes, but is not limited to:

• Business strategies and plans
• Financial information
• Customer and client information
• Technical data and know-how
• Trade secrets
• Any information marked as confidential

6.3 Exceptions

Confidential information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party before disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

7. Limitation of Liability

7.1 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIVISO AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

7.2 Cap on Liability

Our total liability for any claims arising out of or related to these Terms or our services shall not exceed the total fees paid by you to Priviso in the twelve (12) months preceding the claim.

7.3 No Warranties

Our website and services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Indemnification

You agree to indemnify, defend, and hold harmless Priviso and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of a third party
• Any content or information you provide to us

9. Termination

9.1 Termination by Priviso

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

9.2 Effect of Termination

Upon termination:

• Your right to use our website and services will immediately cease
• All provisions of these Terms which should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability
• Any outstanding fees remain payable

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of South Africa, specifically the High Court of South Africa, Gauteng Division, Johannesburg.

10.1 Dispute Resolution

Before initiating any legal proceedings, the parties agree to attempt to resolve any disputes through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue legal remedies.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice by:

• Posting the updated Terms on our website
• Updating the "Last updated" date at the top of this page
• Sending notification via email for registered users (where applicable)

Your continued use of our website or services after any changes constitutes acceptance of the modified Terms.

12. Contact Information

If you have any questions about these Terms of Service, please contact us: