Terms of Use

Introduction

These terms of use govern your use of the Skypiom website (“website”) and / or the Knowledge Management System (“KMS”); by using the website and / or KMS, and / or by submitting your personal information to Skypiom, you will be treated as having given your permission – where necessary and appropriate – for disclosures referred to in these terms and conditions

 

License to use the website and / or KMS

Unless otherwise stated, Skypiom 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, and print pages 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:

 

  1. Republish material from this website and / or KMS (including republication on another website);
  2. Sell, rent or sub-license material from the website and / or KMS;
  3. Show any material from the website and / or KMS in public;
  4. Reproduce, duplicate, copy or otherwise exploit material on this website and / or KMS for a commercial purpose;
  5. Redistribute material from this website and / or KMS (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 and / or KMS in any way that causes, or may cause, damage to this website and / or KMS 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 or KMS 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 and / or KMS without Skypiom’s express written consent. You must not use this website and / or KMS to transmit or send unsolicited commercial communications.

 

Restricted access

Access to certain areas of this website and / or KMS are restricted. Skypiom reserves the right to restrict access to (other) areas of this website and / or KMS, or indeed this entire website and / or KMS, at Skypiom’s discretion.

 

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

 

Skypiom (Pty) Ltd may disable your user ID and password at Skypiom's sole discretion without notice or explanation.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website and / or KMS, for whatever purpose.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Skypiom or a third party (in each case under any applicable law).

 

You must not submit any user content to this website and / or KMS that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Skypiom reserves the right to edit or remove any material submitted to this website and / or KMS, or stored on Skypiom’s servers, or hosted or published on this website and / or KMS.

 

Notwithstanding Skypiom’s rights under these terms and conditions in relation to user content, Skypiom does not undertake to monitor the submission of such content to, or the publication of such content on this website and / or KMS.

 

No warranties

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

 

Without prejudice to the generality of the foregoing paragraph, Skypiom does not warrant that this website and / or KMS will be constantly available, or available at all, or that the website and / or KMS will operate error free.

 

Nothing on the website and / or KMS constitutes, or is meant to constitute, advice of any kind. Should you require advice in relation to any training or personality assessment matter you should consult an appropriate professional.

 

Limitations of liability

Skypiom 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 and / or KMS:

 

  1. To the extent that this website is provided free-of-charge, for any direct loss;
  2. For any indirect, special or consequential loss; or
  3. 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 Skypiom has been expressly advised of the potential loss.

 

Exceptions

Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these terms and conditions will exclude or limit Skypiom liability in respect of any:

 

  1. Death or personal injury caused by Skypiom’s negligence;
  2. Fraud or fraudulent misrepresentation on the part of Skypiom; or
  3. Matter which it would be illegal or unlawful for Skypiom to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website and / or KMS, 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 and / or KMS.

 

Other parties

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

 

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

 

Unenforceable provisions

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

 

Indemnity

You hereby indemnify Skypiom and undertake to keep Skypiom indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Skypiom to a third party in settlement of a claim or dispute on the advice of Skypiom’s legal advisers) incurred or suffered by Skypiom 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 Skypiom’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Skypiom may take such action as Skypiom deems appropriate to deal with the breach, including suspending your access to this website and / or KMS, prohibiting you from accessing this website and / or KMS, blocking computers using your IP address from accessing this website and / or KMS, contacting your internet service provider to request that they block your access to this website and / or KMS and / or bringing court proceedings against you.

 

Variation

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

 

Assignment

Skypiom may transfer, sub-contract or otherwise deal with Skypiom's 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.

 

Applicable Legislation

Skypiom submits exclusively to the law of the Republic of South Africa and to the exclusive jurisdiction of the courts of South Africa in respect of any dispute arising out of the use of this privacy policy or any information provided by Skypiom.