Terms and Conditions of Use
This constitutes an agreement between Spitfire Inbound (Pty) Ltd (“Spitfire”), the owner and operator of https://www.spitfireinbound.com (hereinafter referred to as the “Site”), which will include any Spitfire software provided on the Site, including all content provided by Spitfire on the Site, or any of the "Service/s" provided on the Site ), and you (“User” or “You” or “you” or “Your” or “your”) a user of the Site.
The User is responsible for reviewing these Terms each time it uses the Site and Services. Spitfire reserves the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, (b) change the content and/or services available on or through the Site and/or (c) discontinue any aspect of the Site or service(s) available from the Site, and your continued access or use of this Site signifies your acceptance of the updated or modified Terms. Spitfire further reserves the right, in its sole discretion, to delete the Site.
OUR TERMS CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. The User should pay particular attention to these terms since they limit the User’s ability to recover losses which the User may incur in connection with the use of this Site.
As a condition of your use of this Site, You warrant that all information supplied by You on this Site is true, accurate, current and complete.
The language of choice of Spitfire for the Site is English, and whilst the Service may be viewed in other languages, Spitfire shall not be held liable for any incorrect translation of any language, content, information or interpretation from English to any other language.
Spitfire retains the right, at our sole discretion, to deny anyone access to this Site and/or the Services offered by Spitfire, at any time and for any reason, including, but not limited to, for violation of these Terms.
This Site, the content hereof and the Services available through this Site are the property of Spitfire, and all proprietary rights therein vest in Spitfire, or alternatively, are licensed to Spitfire. The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the Site (whether registered or not), vest in Spitfire or its licensors, and that it is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of Spitfire. The User shall not, other than for his personal and non-commercial use (a) store on his computer or print copies of extracts from this Site; (b) mirror or cache information provided via this Site on his own server or other computer or other storage facility of whatsoever nature; or (c) copy, adapt, modify or re-use the text or graphics from this Site, without the prior written consent of Spitfire.
These Terms apply to all Users of the Site. Information provided by our Users through the Site may contain links to third party websites that are not owned or controlled by Spitfire.
THE USE OF THIS SITE AND SERVICES IS AT THE USER’S OWN RISK. IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL SPITFIRE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, VIRUSES, WORMS, SPAM, WHETHER OR NOT SPITFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICES, MATERIALS OR INFORMATION, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SERVICES, MATERIALS OR INFORMATION OR ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SERVICES OR SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES FEATURE.
If You are a consumer you have certain rights under South Africa’s e-commerce legislation Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”)
If You are a consumer as defined in the ECT Act and the goods and services You are using are not excluded from protection, You may have certain rights as a consumer under Chapter VII of the ECT Act.
A consumer is defined in the ECT Act as a natural person who enters or intends entering into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier.
For more information on these rights visit Acts Online or www.acts.co.za or http://www.acts.co.za/ect_act/index.htm and refer to Chapter VII. If You need more information regarding this, please contact Spitfire. Nothing in these Terms will be interpreted to deny consumers of any of the rights given to them under the ECT Act.
Required by Section 43 of the South African Electronic Communications and Transaction Act
- The full name and legal status of the Site owner is Spitfire Inbound (Pty) Ltd (registration number: 2016/ 165091 /07) registered in South Africa.
- The full address of the Site owner is 16 Louis Road, Orchards, Johannesburg, 2192
- Membership to self-regulatory or accreditation bodies: NA
- Codes of conduct to which this Site subscribes: NA
- Legal persons: Darren Leishman
- Physical address for receipt of legal service: 16 Louis Road, Orchards, Johannesburg, 2192
- Main business: Inbound Services
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Spitfire. Spitfire cannot be held liable for illegal or unconstitutional content. The User indemnifies Spitfire from all liability in this regard:
- Subject to your compliance with these Terms, Spitfire hereby grants You permission to use the Service, provided that:
- your use of the Service as permitted is solely for your use, and You are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms;
- You shall not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium whatsoever; and
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc.
- No person, business or web site may use any technology to search and gain any information from this Site without the prior written permission of Spitfire.
- The use of search technology, such as "web-crawlers" or "web-spiders", to search and gain information from the Site is not permitted.
- You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial or spam purposes. You agree not to spam, or solicit any Users of the Site.
- The design of the Site along with Spitfire created text, scripts, graphics, interactive features, the trademarks, service marks and logos contained therein are owned by Spitfire, subject to copyright and other intellectual property rights under the Republic of South Africa and foreign laws and international conventions. The Site is provided to You AS IS for your information and use only.
- Spitfire makes no warranties or representations about the accuracy or completeness of this Site’s content and assumes no liability or responsibility whatsoever. The User understands that when using this Site and/or Services, the User will be exposed to content from a variety of sources. The Site and/or Services and other services and materials could include technical or other mistakes, inaccuracies or typographical errors or offensive, indecent, or objectionable content. If the User does so object, the User should not use this Site and/or Services. The information, services and materials may be out of date, and Spitfire gives no undertaking of any manner whatsoever to update such information, services or materials. Any information contained on our Site, is intended for general information purposes only, and is not meant to be an endorsement or representation by Spitfire or any other party and should in no way be construed as professional advice. The User should refrain from making any business decisions on the basis of this information without consulting Spitfire for advice related to your specific and precise requirements. Any reliance the User places on any content is strictly at the User’s own risk.
- Spitfire may from time to time supply Users with information including but not limited statistics, comparisons and/or data collected on/by the Site, Spitfire shall not be held liable for the accuracy of this information, statistics, comparisons and/data.
- Please be aware that by submitting content to this Site, postings on this Site or otherwise, including but not limited to reviews, questions, comments, suggestions and/or ideas (“Submissions”), You grant Spitfire a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
- use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such content in any media; and
- use the name that you submit in connection with such content, posting or otherwise.
- You acknowledge and agree that Submissions are non-confidential and non-proprietary.
- The User agrees that it will only use this Site, the information contained herein and the Services in respect of the specific purposes for which it is created. In using the Site, information or Services, the User will not: (a) disrupt or interfere with any other user's enjoyment of such Services or materials or any affiliated or linked sites; (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files; (c) create a false identity; (d) use or attempt to use another's account, password, service or system without authorization from Spitfire; (e) access or attempt to access any service or content which the User is not authorized to access; (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites; (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (including the rights of privacy and publicity) of others; (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same; (k) advertise or offer to sell or buy any goods or services for any purpose; (l) violate any laws or regulations of the Republic of South Africa or any other country applicable.
- You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law,
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Spitfire;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname, addresses, phone numbers, email addresses, identity numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- Content or links to content that, in the sole judgment of Spitfire,
8.1. violates the terms and conditions of these Terms
8.2. is objectionable,
8.3. which restricts or inhibits any other person from using or enjoying the Site in any way whatsoever, or
8.4. which may expose Spitfire or its affiliates or its users to any harm or liability of any type.
- The Site is controlled and offered by Spitfire from its facilities in the Republic of South Africa. Spitfire makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set out in these Terms, and to abide by and comply with these Terms.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Spitfire without restriction.
- In the event of a dispute as to the content of these terms and conditions at any time, a certificate signed by the administrator responsible for maintaining the website shall be prima facie proof of the date of publication and content of the current version and all previous versions of these Terms.
- You agree that:
- the Site shall be deemed solely based in the Republic of South Africa;
- the Site shall be deemed a passive server that does not give rise to personal jurisdiction over Spitfire, either specific or general, in jurisdictions other than the Republic of South Africa; and
- that you agree to subject to the jurisdiction of the Republic of South Africa, more specifically the South Gauteng High Court, in the event of any legal dispute.
- These Terms shall be governed by the laws of the Republic of South Africa.
Any claim or dispute between You and Spitfire that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction, more specifically the High Court of South Africa, Gauteng Local Division.
- If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Spitfire’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.