Website Terms of Use
1. Introduction
Ovation Solutions is a business solutions services company based in South Africa, specialising in solving business challenges using technology. Combining the values of mutually beneficial relationships, common sense and maturity, and the realisation that in order to be truly successful one must know how to make others successful, Ovation Solutions provides an unparalleled customer-centric service that is focused on helping our clients succeed.
Our sales approach is consultative, our engagement model is collaborative, and we incentivise our personnel based on client success. We do not just talk about our values; we continually challenge ourselves to exceed them.
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”) Act 25 of 2002 we to the extent that we are a supplier of goods and services offered for sale hire or exchange by way of electronic transaction make the following information available to users (Consumers).
1.1. We are OVATION SOLUTIONS PROPRIETARY LIMITED.
1.2. A private limited company duly registered under the Laws of South Africa, having registration number 2019/086477/07 and where we trade as Ovation Solutions.
1.3. Our VAT registration number is 4370287353.
1.4. Our contact details are obtainable by browsing to the Contact page of this website.
2. General
2.1. IMPORTANT NOTICE: This Terms of Use Agreement (“the Agreement”) sets out the terms and conditions under which you are authorised to access and use this website. The Agreement is established between Ovation Solutions Proprietary Limited (“Ovation Solutions”) and you.
2.2. Unless otherwise stated, this website is operated by Ovation Solutions, based in the Republic of South Africa. References to the terms “our”, “us”, and “we” are references to Ovation Solutions.
2.3. By accessing and using this website, you agree to be bound by the following terms and conditions without limitation or qualification, which you are deemed to have read and understood by accessing and using this website.
2.4. If any part of the Agreement is held by a court to be invalid, unreasonable or inapplicable then the other parts shall be severable and shall still apply in their entirety.
3. Access and Use
3.1. You agree to access and use this website for lawful purposes only. It is your responsibility to comply with the laws of the jurisdiction from which you are accessing and using this website, and you agree that you will not access or use this website in violation of such laws.
3.2. The following activities are expressly prohibited:
3.2.1. Any action or use whereby a disproportionately large or unreasonable amount of data is submitted to this website, or otherwise interfering with the proper or timely delivery of data to or from this website;
3.2.2. Any action or use that intentionally interferes with the proper functioning of this website;
3.2.3. Any attempt to gain unauthorised access to this website or any related system or network, and;
3.2.4. Reverse-engineering this website for any reason without the prior written consent of Ovation Solutions.
4. Intellectual Property
4.1. Unless otherwise stated, this website and its contents are the property of Ovation Solutions or its content suppliers and is protected by South African and international copyright laws. This website’s contents may include, but are not limited to, audio, CSS code, HTML code, images, JavaScript code, text, video, and their arrangement.
4.2. Nothing contained in this website shall be construed as conferring, by implication or otherwise, any license or right to any copyright, patent, trademark, or other proprietary interest of Ovation Solutions or any third party.
4.3. No part of this website may be stored, reproduced, or transmitted in any way, except as expressly provided for herein, without the prior written consent of Ovation Solutions. You are hereby authorised to download and display one unaltered copy of this website for your personal, non-commercial use, on any computer. You are further authorised to print one copy of this website for your personal, non-commercial use, provided that you do not modify any part of its contents in any way, and that you keep intact all copyright, trademark, and proprietary notices.
4.4. Any trademarks used or referenced in this website are the property of their respective owners.
5. Confidential and Proprietary Information
5.1. By submitting information through this website, you represent that you have the lawful right and legal entitlement to submit such information.
5.2. Any information submitted by you through this website shall be deemed non-confidential. We recommend that you do not submit any information that you consider confidential.
5.3. Any information submitted by you through this website shall be deemed non-proprietary. We recommend that you do not submit any information that you consider proprietary.
5.4. Ovation Solutions cannot and does not treat as confidential, any idea submitted outside of documented pre-existing business relationships (“Unprotected Idea”). Accordingly, please do not communicate Unprotected Ideas to Ovation Solutions in any way. Any Unprotected Idea disclosed to Ovation Solutions is not confidential and Ovation Solutions may therefore research, develop, disclose, publish, and/or productise similar ideas without compensating or crediting you, or providing account to you.
5.5. Any Unprotected Ideas or information which you submit grants Ovation Solutions a non-exclusive, royalty free, perpetual (everlasting), irrevocable (irreversible) fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such information throughout the world in any media, and including the right to use your name if we so choose. Further, we may edit any information posted to public pages and we take no responsibility and assume no liability for information posted by you. Unprotected ideas and information may be stored as long as it is used by us.
5.6. Where we are served with due legal process requiring delivery of protected ideas or information we may by legal duty abide by that demand and will do so and you will have no claim for our so acting.
5.7. Unprotected ideas and information may be stored as long as it is used by us.
5.8. Subject to the Regulation of Interception of Communications Act (“RICA”) Act 70 of 2002 you agree that we may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to us, our employees or directors and/or agents and you submit your consent to the extent required by Electronic Communications and Transactions Act (“ECTA”) Act 25 of 2002 or RICA for the consent in writing as defined.
6. Amendment, Suspension, and Termination
6.1. Ovation Solutions reserves the right to amend this website at our discretion without notice.
6.2. Ovation Solutions reserves the right to suspend this website at our discretion without notice.
6.3. Ovation Solutions reserves the right to terminate this website at our discretion without notice.
6.4. Ovation Solutions reserves the right to amend this Terms of Use Agreement at our discretion without notice. Your continued access and use of this website is subject to the Terms of Use Agreement as amended and in force at the time of your access and use of this website.
6.5. We may make changes to this website at any time and without notice to you.
6.6. Nothing contained in the Agreement shall grant you a licence or any right unless clearly so specified.
7. Disclaimer
7.1. This website may contain links to websites and services not operated by Ovation Solutions. Ovation Solutions takes no responsibility for any such other website or service, nor does Ovation Solutions in any way endorse any website or service linked to by this website.
7.2. This website and its contents are provided “as is” and Ovation Solutions makes no representation or warranty of any kind with respect to this website, its contents, or any website or service accessible through this website. Ovation Solutions expressly disclaims all express and implied warranties including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
7.3. Your access and use of this website is entirely at your own risk. You assume full responsibility and risk of loss arising out of or in connection with this website, its contents, or any website or service accessible through this website.
7.4. In no event will Ovation Solutions be liable to any third party for any consequential, direct, exemplary, incidental, indirect, punitive, special, or any other damages whatsoever without regard to the form of action and whether in contract, negligence, tort, or otherwise, arising out of or in connection with this website, its contents, or any website or service accessible through this website, or any displaying, downloading, printing, or use thereof.
7.5. All of the aforegoing disclaimers are subject to the provisions of Section 43 (5) and Section 43 (6) of ECTA to the extent that we supply goods or services.
8. Governing Law and Jurisdiction
8.1. You agree that this Terms of Use Agreement, and any legal action or proceeding relating to this website shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Gauteng High Court.
8.2. You agree that if you attempt to bring any legal proceeding against Ovation Solutions that Ovation Solutions is at liberty to decide the jurisdiction of our preference for where such action against us may be held, irrespective of where in the world you are located, or from where in the world you accessed and used this website.
This Terms of Use Agreement was amended: 24 February 2020.