SW Solutions Website Terms and Conditions

1. Introduction

Welcome to the SW Solutions website (the “Website”). These terms and conditions (“Terms”) govern your use of the Website, so please read them carefully. By accessing or using the Website, you agree to be bound by these Terms, including any additional terms and conditions that apply to certain parts of the Website.

2. Use of the Website

2.1. You may use the Website only for lawful purposes and in accordance with these Terms.

2.2. You agree not to use the Website:

(a) in any way that violates any applicable federal, state, local, or international law or regulation;

(b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

(d) to impersonate or attempt to impersonate SW Solutions, a SW Solutions employee, another user, or any other person or entity;

(e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by SW Solutions, may harm SW Solutions or users of the Website, or expose them to liability.

2.3. SW Solutions reserves the right to terminate your use of the Website for violating any of these prohibited uses.

3. Intellectual Property Rights

3.1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by SW Solutions, its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

3.3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately, and you must, at SW Solutions’ option, return or destroy any copies of the materials you have made.

4. Disclaimer of Warranties

4.1. SW SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OR INFORMATION PROVIDED ON THE WEBSITE. THE CONTENT AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

4.2. SW SOLUTIONS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, ITS SERVER, OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5. Limitation of Liability

5.1. SW SOLUTIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SW SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.2. IN NO EVENT WILL SW SOLUTIONS’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EXCEED THE GREATER OF R10,000 OR THE AMOUNT YOU PAID TO SW SOLUTIONS, IF ANY, IN THE PAST 12 MONTHS FOR ACCESSING THE WEBSITE.

5.3. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

6. Indemnification

You agree to defend, indemnify, and hold harmless SW Solutions, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

7. Termination

SW Solutions may terminate or suspend your access to all or part of the Website, without notice, for any reason or no reason, including without limitation your breach of these Terms or any other policies or guidelines referenced herein. Upon termination, you must immediately stop using the Website and destroy any downloaded or printed materials.

8. Governing Law and Jurisdiction

These Terms and your use of the Website will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the courts of the Republic of South Africa.

9. Miscellaneous

9.1. These Terms constitute the entire agreement between you and SW Solutions regarding your use of the Website.

9.2. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which shall remain in full force and effect.

9.3. No waiver by SW Solutions of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SW Solutions to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

9.4. You may not assign or transfer these Terms or any rights granted hereunder, whether by operation of law or otherwise, without SW Solutions’ prior written consent, and any attempt by you to do so without such consent will be null and void.

9.5. SW Solutions may assign or transfer these Terms or any rights granted hereunder, at any time without restriction.

9.6. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

9.7. SW Solutions shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

9.8. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on SW Solutions’ behalf.

9.9. These Terms may be amended or updated by SW Solutions from time to time in its sole discretion, and your continued use of the Website following any such amendment or update shall be deemed acceptance of such changes.

9.10. The provisions of Sections 4, 5, 6, 7, and 8 and this Section 9 shall survive any termination or expiration of these Terms.