STANDARD TERMS OF SERVICE
Last updated: 01 June 2024
1. INTRODUCTION
Vallivo (Pty) Ltd t/a Novo42 duly incorporated under the laws of the Republic of South Africa under registration number 2024/167596/07 ("Novo42") is the proprietor of this platform, as well as related platforms such as mobile websites (each a "Novo42 Platform").
By using this Platform as well as the products and services provided by us from time to time, you acknowledge that you have read these terms and conditions (the "Terms") and agree to be bound by them.
Your access to and use of the Novo42 Platform is governed by these Terms as read with the privacy policy located here (the "Privacy Policy") and any other agreement entered into between you and Novo42 from time to time, and which is incorporated in these Terms by reference as if fully set out herein.
Any references to "Novo42", "we", "us" or "our" in these Terms will be to Vallivo (Pty) Ltd t/a Novo42, and will include, where applicable, our affiliates and subsidiaries. References to "you" or "your" will be to you as a customer of Novo42. We are the "Parties" and each a "Party" as determined by the context.
These Terms contain provisions that require you to indemnify Novo42, which limit Novo42's liability towards you, or which may require you to assume responsibility for a risk or liability. These provisions will be in the same style as this paragraph. By using the Novo42 Platform and/or our services, you acknowledge that you have read, accept, and will be bound by these Terms.
2. PROCESSING OF PERSONAL DATA
To facilitate your access to and use of the Novo42 Platform we may be required to process some of your personal data and to share some of this personal data with certain third parties, such as our duly appointed service providers.
Please read our Privacy Policy to understand the types of personal data we collect about you, where we collect it from, who we may need to share it with, how long we retain it for, whether it leaves the country in which we collected it, and how you can request access to and/or deletion of your personal data.
3. SUSPENSION AND CHANGES
Novo42 reserves the right to suspend your access to the Novo42 Platform and/or any Novo42 products and/or services (whether wholly or in part) where any amounts payable by you to Novo42 remain unpaid for a period exceeding 30 days and following written notice by Novo42 to remedy such non-payment within a further 7 days. Novo42 shall also be entitled:
3.1 to reasonably change the technical specification of the Novo42 Platform; and
3.2 to suspend the Novo42 Platform for operational reasons including for repair, maintenance, or improvement.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the fullest extent permitted in terms of applicable law, the Novo42 Platform is provided on an 'as is' basis, without any warranty that the Novo42 Platform will be free from defects or errors and without warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement.
In no event shall Novo42 or its affiliates, officers, directors, employees, service providers, contractors or agents be liable for any special, consequential, indirect, or incidental damages arising out of, or related to, the Novo42 Platform or the information contained therein, whether arising in contract, negligence, delict, under statute, at law or otherwise.
Our total aggregate liability towards you shall, to the fullest extent permitted in terms of applicable law, be limited to 100% of the total amount paid by you to us during the 12 months immediately preceding the date on which the event giving rise to the liability occurred.
5. TERMS OF USE AND INTELLECTUAL PROPERTY
We retain all rights (including all intellectual property rights) not expressly granted herein to the Novo42 Platform and the content we make available on or via the Novo42 Platform. We retain all rights to our own intellectual property, and we shall continue to do so. You retain all rights to your own intellectual property, and you shall continue to do so. We shall only use your intellectual property to the extent required for us to perform our services to you, and in any event in accordance with your instructions.
For this purpose, "intellectual property" and "intellectual property rights" means all current and future intellectual property rights of any kind whatsoever and however embodied which may subsist or be capable of protection wheresoever in the world, including patents, trade marks, present and future rights of copyright, rights in and to designs, rights in and to inventions, topography rights, moral rights, rights in and to the materials, rights in and to trade secrets, rights in and to trade names, business names, domain names and logos, the right to keep information confidential and private, rights in and to know-how, rights in and to databases (including rights of extraction), and all rights and forms of protection of a similar nature or having equivalent effect to any of them which may subsist or be capable of protection anywhere in the world, whether or not any of these is registered and including applications for any such rights or registration thereof, and any goodwill related to or arising from such rights.
You may use the Novo42 Platform and our services only for purposes that are legal, and you must not (nor will you allow or cause any third party to) engage in any of the following in relation to the Novo42 Platform and our services:
5.1 tamper with, disassemble, edit, reverse engineer, decompile, attempt to derive the source code of or modify it (wholly or in part);
5.2 sublicense, distribute, export, or resell it (wholly or in part) or otherwise transfer any rights therein;
5.3 use or exploit it (wholly or in part) for commercial gain under any circumstances whatsoever or copy it (wholly or in part); and/or
5.4 exercise any other right to it (wholly or in part) not specifically granted in these Terms.
Without limiting the foregoing, you agree not to circumvent, disable or otherwise interfere with security related features of the Novo42 Platform or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Novo42 Platform or the content therein.
Novo42, its valid licensor or the relevant proprietor, owns all right, title and interest in and to the Novo42 Platform and all information, documentation and proprietary products made available via the Novo42 Platform.
You may not duplicate or reproduce in any way the Novo42 Platform or the information, documentation and/or the proprietary products made available via the Novo42 Platform without the express prior written permission of Novo42, its valid licensor or the relevant proprietor.
By communicating with Novo42, you grant Novo42 a royalty-free, perpetual, irrevocable, non-exclusive licence to use, modify, reproduce, publish, edit, distribute, perform, translate, and display the communication, content, or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, for any purpose.
6. CONFIDENTIAL INFORMATION
You agree to keep confidential and not to disclose to any person any Confidential Information you may learn pursuant to your contractual relationship with Novo42. Correspondingly, we agree to keep confidential and not to disclose to any person any Confidential Information we may learn pursuant to our contractual relationship with you.
For this purpose, "Confidential Information" means any information (however recorded or preserved) disclosed by or on behalf of a Party or which otherwise becomes known to the other Party, including technical data, know-how, research, products, business plans, analysis and conversion methodologies, software source code, object code, services, development, inventions, manufacturing processes, production techniques, designs, purchasing, accounting, financial information, assembly drawings, flow charts, engineering, marketing, merchandising, pricing and/or any customer information and any similar information of a third party which is in either Party’s possession on a confidential or proprietary basis. Confidential Information also includes information disclosed by a Party’s affiliates, directors, employees, officers, agents, contractors, representatives, consultants, accountants, or advisors acting on the disclosing Party’s behalf to the receiving Party, in any manner whatsoever, including directly or indirectly.
We may disclose your Confidential Information to our officers, directors, subcontractors, employees, consultants and professional advisors, provided that such disclosure will always be on a need-to-know-basis and only to persons who are aware that the Confidential Information should be kept confidential and who have undertaken to do so.
7. LINKS TO THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
If you click on links to third-party websites, you will leave the Novo42 Platform.
We are not responsible for the content of third-party websites or for the security of your information when you use third-party websites. These third-party service providers and third-party websites may have their own terms and conditions and policies that you may be subject to.
By using the Novo42 Platform, you agree that we are not liable for the following:
7.1 the ownership or right of use of any licensor of any software provided through any third-party platform;
7.2 the content, operation, use, security, accuracy or completeness of any third-party platforms or the products or services that may be offered or obtained through them or the accuracy, extensiveness, or dependability of any information obtained from a third-party platform;
7.3 any content featured on a third-party platform that is accessed through the links found on a Novo42 Platform; and/or
7.4 any failure that affects the products or services of a third-party platform, for example any telecommunication service provider or internet service provider.
8. MISCELLANEOUS
These Terms are governed by the laws of South Africa.
All proceedings, which may arise out of, or in connection with, the Novo42 Platform and/or our services provided to you will be brought solely in the appropriate court in South Africa.
Our failure to exercise or enforce any provision of these Terms will not constitute a waiver of such right or provision.
It is not intended that any part of these Terms contravene any provision of any legislation which may apply. Therefore, all the provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of applicable legislation are complied with.
These Terms, as read with the Privacy Policy and any other agreement you may have entered into with Novo42 in respect of your use of Novo42's products and services, contain all the provisions applicable between yourself and Novo42 with regard to the Novo42 Platform and our services, and supersede and novate in their entirety any previous understandings or agreements in respect thereof. The terms of the Privacy Policy and the terms of any other agreement you may have entered into with Novo42 in respect of your use of Novo42's services are incorporated into these Terms by reference as if fully set out herein. To the extent of any inconsistency between these Terms and the terms of any other agreement you may have entered into with Novo42, the terms of that agreement shall prevail to the extent of the inconsistency.
Novo42 may modify or amend these Terms as well as the Privacy Policy at any time with the minimum notice permitted by applicable law or, if allowed by applicable law, without notice. Your use of the Novo42 Platform and Novo42's services signifies your acceptance of these Terms, as amended from time to time.
If any provision of these Terms is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect as if these Terms had been executed with the invalid, illegal or unenforceable provision eliminated. In the event of any such severance, the Parties shall negotiate in good faith with a view to replacing the provisions so severed with legal and enforceable provisions that have similar economic and commercial effect to the provisions so severed.
9. HOW TO CONTACT US
If you have any questions about these Terms, please contact us at info@novo42.com with "Novo42 Terms" in the subject line.
10. INFORMATION ABOUT NOVO42
Full name: Vallivo Proprietary Limited t/a Novo42
Legal status: Private Company
Registration number: 2024/167596/07
Directors: Erica Bester
Physical address: The Refinery, 4 Darter Road, Gardens, Cape Town, South Africa
Website address: www.novo42.com
Email: info@novo42.com
Last updated: 01 June 2024
1. INTRODUCTION
Vallivo (Pty) Ltd t/a Novo42 duly incorporated under the laws of the Republic of South Africa under registration number 2024/167596/07 ("Novo42") is the proprietor of this platform, as well as related platforms such as mobile websites (each a "Novo42 Platform").
By using this Platform as well as the products and services provided by us from time to time, you acknowledge that you have read these terms and conditions (the "Terms") and agree to be bound by them.
Your access to and use of the Novo42 Platform is governed by these Terms as read with the privacy policy located here (the "Privacy Policy") and any other agreement entered into between you and Novo42 from time to time, and which is incorporated in these Terms by reference as if fully set out herein.
Any references to "Novo42", "we", "us" or "our" in these Terms will be to Vallivo (Pty) Ltd t/a Novo42, and will include, where applicable, our affiliates and subsidiaries. References to "you" or "your" will be to you as a customer of Novo42. We are the "Parties" and each a "Party" as determined by the context.
These Terms contain provisions that require you to indemnify Novo42, which limit Novo42's liability towards you, or which may require you to assume responsibility for a risk or liability. These provisions will be in the same style as this paragraph. By using the Novo42 Platform and/or our services, you acknowledge that you have read, accept, and will be bound by these Terms.
2. PROCESSING OF PERSONAL DATA
To facilitate your access to and use of the Novo42 Platform we may be required to process some of your personal data and to share some of this personal data with certain third parties, such as our duly appointed service providers.
Please read our Privacy Policy to understand the types of personal data we collect about you, where we collect it from, who we may need to share it with, how long we retain it for, whether it leaves the country in which we collected it, and how you can request access to and/or deletion of your personal data.
3. SUSPENSION AND CHANGES
Novo42 reserves the right to suspend your access to the Novo42 Platform and/or any Novo42 products and/or services (whether wholly or in part) where any amounts payable by you to Novo42 remain unpaid for a period exceeding 30 days and following written notice by Novo42 to remedy such non-payment within a further 7 days. Novo42 shall also be entitled:
3.1 to reasonably change the technical specification of the Novo42 Platform; and
3.2 to suspend the Novo42 Platform for operational reasons including for repair, maintenance, or improvement.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the fullest extent permitted in terms of applicable law, the Novo42 Platform is provided on an 'as is' basis, without any warranty that the Novo42 Platform will be free from defects or errors and without warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement.
In no event shall Novo42 or its affiliates, officers, directors, employees, service providers, contractors or agents be liable for any special, consequential, indirect, or incidental damages arising out of, or related to, the Novo42 Platform or the information contained therein, whether arising in contract, negligence, delict, under statute, at law or otherwise.
Our total aggregate liability towards you shall, to the fullest extent permitted in terms of applicable law, be limited to 100% of the total amount paid by you to us during the 12 months immediately preceding the date on which the event giving rise to the liability occurred.
5. TERMS OF USE AND INTELLECTUAL PROPERTY
We retain all rights (including all intellectual property rights) not expressly granted herein to the Novo42 Platform and the content we make available on or via the Novo42 Platform. We retain all rights to our own intellectual property, and we shall continue to do so. You retain all rights to your own intellectual property, and you shall continue to do so. We shall only use your intellectual property to the extent required for us to perform our services to you, and in any event in accordance with your instructions.
For this purpose, "intellectual property" and "intellectual property rights" means all current and future intellectual property rights of any kind whatsoever and however embodied which may subsist or be capable of protection wheresoever in the world, including patents, trade marks, present and future rights of copyright, rights in and to designs, rights in and to inventions, topography rights, moral rights, rights in and to the materials, rights in and to trade secrets, rights in and to trade names, business names, domain names and logos, the right to keep information confidential and private, rights in and to know-how, rights in and to databases (including rights of extraction), and all rights and forms of protection of a similar nature or having equivalent effect to any of them which may subsist or be capable of protection anywhere in the world, whether or not any of these is registered and including applications for any such rights or registration thereof, and any goodwill related to or arising from such rights.
You may use the Novo42 Platform and our services only for purposes that are legal, and you must not (nor will you allow or cause any third party to) engage in any of the following in relation to the Novo42 Platform and our services:
5.1 tamper with, disassemble, edit, reverse engineer, decompile, attempt to derive the source code of or modify it (wholly or in part);
5.2 sublicense, distribute, export, or resell it (wholly or in part) or otherwise transfer any rights therein;
5.3 use or exploit it (wholly or in part) for commercial gain under any circumstances whatsoever or copy it (wholly or in part); and/or
5.4 exercise any other right to it (wholly or in part) not specifically granted in these Terms.
Without limiting the foregoing, you agree not to circumvent, disable or otherwise interfere with security related features of the Novo42 Platform or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Novo42 Platform or the content therein.
Novo42, its valid licensor or the relevant proprietor, owns all right, title and interest in and to the Novo42 Platform and all information, documentation and proprietary products made available via the Novo42 Platform.
You may not duplicate or reproduce in any way the Novo42 Platform or the information, documentation and/or the proprietary products made available via the Novo42 Platform without the express prior written permission of Novo42, its valid licensor or the relevant proprietor.
By communicating with Novo42, you grant Novo42 a royalty-free, perpetual, irrevocable, non-exclusive licence to use, modify, reproduce, publish, edit, distribute, perform, translate, and display the communication, content, or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, for any purpose.
6. CONFIDENTIAL INFORMATION
You agree to keep confidential and not to disclose to any person any Confidential Information you may learn pursuant to your contractual relationship with Novo42. Correspondingly, we agree to keep confidential and not to disclose to any person any Confidential Information we may learn pursuant to our contractual relationship with you.
For this purpose, "Confidential Information" means any information (however recorded or preserved) disclosed by or on behalf of a Party or which otherwise becomes known to the other Party, including technical data, know-how, research, products, business plans, analysis and conversion methodologies, software source code, object code, services, development, inventions, manufacturing processes, production techniques, designs, purchasing, accounting, financial information, assembly drawings, flow charts, engineering, marketing, merchandising, pricing and/or any customer information and any similar information of a third party which is in either Party’s possession on a confidential or proprietary basis. Confidential Information also includes information disclosed by a Party’s affiliates, directors, employees, officers, agents, contractors, representatives, consultants, accountants, or advisors acting on the disclosing Party’s behalf to the receiving Party, in any manner whatsoever, including directly or indirectly.
We may disclose your Confidential Information to our officers, directors, subcontractors, employees, consultants and professional advisors, provided that such disclosure will always be on a need-to-know-basis and only to persons who are aware that the Confidential Information should be kept confidential and who have undertaken to do so.
7. LINKS TO THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
If you click on links to third-party websites, you will leave the Novo42 Platform.
We are not responsible for the content of third-party websites or for the security of your information when you use third-party websites. These third-party service providers and third-party websites may have their own terms and conditions and policies that you may be subject to.
By using the Novo42 Platform, you agree that we are not liable for the following:
7.1 the ownership or right of use of any licensor of any software provided through any third-party platform;
7.2 the content, operation, use, security, accuracy or completeness of any third-party platforms or the products or services that may be offered or obtained through them or the accuracy, extensiveness, or dependability of any information obtained from a third-party platform;
7.3 any content featured on a third-party platform that is accessed through the links found on a Novo42 Platform; and/or
7.4 any failure that affects the products or services of a third-party platform, for example any telecommunication service provider or internet service provider.
8. MISCELLANEOUS
These Terms are governed by the laws of South Africa.
All proceedings, which may arise out of, or in connection with, the Novo42 Platform and/or our services provided to you will be brought solely in the appropriate court in South Africa.
Our failure to exercise or enforce any provision of these Terms will not constitute a waiver of such right or provision.
It is not intended that any part of these Terms contravene any provision of any legislation which may apply. Therefore, all the provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of applicable legislation are complied with.
These Terms, as read with the Privacy Policy and any other agreement you may have entered into with Novo42 in respect of your use of Novo42's products and services, contain all the provisions applicable between yourself and Novo42 with regard to the Novo42 Platform and our services, and supersede and novate in their entirety any previous understandings or agreements in respect thereof. The terms of the Privacy Policy and the terms of any other agreement you may have entered into with Novo42 in respect of your use of Novo42's services are incorporated into these Terms by reference as if fully set out herein. To the extent of any inconsistency between these Terms and the terms of any other agreement you may have entered into with Novo42, the terms of that agreement shall prevail to the extent of the inconsistency.
Novo42 may modify or amend these Terms as well as the Privacy Policy at any time with the minimum notice permitted by applicable law or, if allowed by applicable law, without notice. Your use of the Novo42 Platform and Novo42's services signifies your acceptance of these Terms, as amended from time to time.
If any provision of these Terms is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect as if these Terms had been executed with the invalid, illegal or unenforceable provision eliminated. In the event of any such severance, the Parties shall negotiate in good faith with a view to replacing the provisions so severed with legal and enforceable provisions that have similar economic and commercial effect to the provisions so severed.
9. HOW TO CONTACT US
If you have any questions about these Terms, please contact us at info@novo42.com with "Novo42 Terms" in the subject line.
10. INFORMATION ABOUT NOVO42
Full name: Vallivo Proprietary Limited t/a Novo42
Legal status: Private Company
Registration number: 2024/167596/07
Directors: Erica Bester
Physical address: The Refinery, 4 Darter Road, Gardens, Cape Town, South Africa
Website address: www.novo42.com
Email: info@novo42.com
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