1. APPLICATION AND BINDING EFFECT OF THESE TERMS
The website and its content located at http://www.gartner.co.za (“the website”) is the property of IT Executive Events (Pty) Limited and IT Management Advisory Services (Pty) Limited, both trading as Gartner Africa (“Gartner”).
These terms and conditions
("terms") govern your use of the website. These terms constitute an
agreement between you and Gartner and each new or amended version of the terms
become binding on you each time you visit the website.
The terms of this agreement may be
applicable together with further specific terms applicable to a particular
service or product that Gartner may supply to you. If there is a conflict
between these terms and the specific terms, the specific terms will apply.
Any reference to “personal information”
includes all information that you provide when using the website, and that
falls under the definition of personal information in terms of the Protection
of Personal Information Act 4 of 2013.
2. LOGIN DETAILS, USERNAMES AND PASSWORDS
Should Gartner’s website from time to time make use of login functionality in terms of which you are required to create your own usernames and passwords, you accept responsibility for the safekeeping of those details, usernames and passwords, insofar as security is concerned (not related to breaches of security that may originate from within Gartner).
By entering your usernames and
passwords (if applicable), Gartner is entitled to assume that the person using
the websites is you.
You must familiarise yourself with
the functionality of the website. You are responsible for all internet data
usage charges required to use any service. Please check with your internet
service provider for information on internet data usage charges.
You must familiarise yourself with
and follow the security procedures communicated by Gartner from time to time as
well as such other procedures that may apply to the website.
Gartner may at any time request that
you provide, in a form satisfactory to Gartner, documentary evidence
establishing and/or confirming your identity as the registered user of the
website (if applicable).
You agree that any failure on your
part to follow the recommended security procedures may result in a breach of
the confidentiality and security of your personal information and may lead to
unauthorised access to your account and information.
In the event that you are a
business, you must ensure that only authorised employees have access to and are
allowed to use the website with your secure login details. You and/or your business are however then
responsible for any action of those individual(s) (whether authorised or not)
when they interact with our website.
You undertake to ensure the
safekeeping and confidentiality of all confidential information, and shall
particularly ensure that the confidential information is not written down and
kept where it can easily be discovered.
You are responsible to keep all of your personal information, usernames and passwords up-to-date, secure and confidential and must notify Gartner immediately if there has been any breach of or if you suspect any breach of security or confidentiality.
3. USE OF THE WEBSITE
Gartner may offer you services and/or products from time to time and reserves the right to modify, replace or discontinue any existing service without prior notice to you.
You may not cede or assign any of
your rights under any agreement with Gartner without the prior written consent
You agree that you will not at any time attempt or actually (whether alone or in conjunction with any third party):
- alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the website;
- alter, reverse engineer, modify, circumvent, disable, amend, tamper with or change any security features of the website;
- infect the websites with any software, malware or code that may infect, damage, delay or impede the operation of the websites or which may intercept, alter or interfere with any data generated by or received through the websites; and
- allow any third party to use your usernames and passwords in any manner other than as permitted by these terms.
LOSS OR DAMAGES
You hereby agree that subject to applicable law, Gartner will not be liable for:
a) any interruption, malfunction, downtime, off-line situation or other failure of the website or online services, Gartner's system, databases or any of its components, beyond Gartner's reasonable control;
b) any loss or damage with regard to your data or other data directly or indirectly caused by malfunction of Gartner's system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Gartner's system or third party systems or programming defects;
c) Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which Gartner has no direct control.
nor Gartner, nor Gartner's IT personnel, will be held liable for any failure to
perform any obligation to the other due to causes beyond your, Gartner or Gartner's
IT personnel's respective reasonable control, including lightning, flood,
exceptionally severe weather, fire, explosion, war, civil disorder, industrial
disputes, acts or omissions of persons for whom Gartner is not responsible
(including telecommunications and internet service providers) or acts of
government or other competent authorities.
You indemnify and hold Gartner harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the website, or the use of information and/or images available on the website, whether due to Gartner's negligence or not.
You agree that your sole and exclusive remedy for any dispute of any nature with Gartner in relation to your use of the website, is to stop using the website.
5. TRANSMISSION AND ACCURACY OF INFORMATION
Gartner is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
Security measures have been implemented to ensure the safety and integrity of the website. However, despite this, information that is transmitted over the Internet may be subject to unlawful access and monitoring.
Gartner gives no guarantee of any kind concerning the content on our website. Gartner does not give any warranty (express or implied) or make any representation that any Gartner online service will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
6. SENDING AND RECEIVING ELECTRONIC MESSAGES
You hereby acknowledge that Gartner will primarily use e-mail and electronic notices on the website, as Gartner's main communication tool for all communications relating to the website, or these terms and conditions. Such communications may include the use of sms (short message services), registered mail or telephonic advice.
Gartner will take reasonable steps to exclude viruses from the website, but cannot guarantee or warrant that any material available for downloading from Gartner's website will be free from infection, viruses and/or other code that has contaminating or destructive properties and no liability is accordingly accepted for viruses.
You are responsible for and we recommended that you take your own precautions and implement sufficient procedures and virus checks (including running anti-virus software and other security checks) to satisfy your particular requirements.
8. THIRD PARTY SITES
Gartner provides certain hyperlinks to third party websites only as a convenience, and the inclusion of any hyperlinks or any advertisement of any third party on Gartner’s website does not imply endorsement by Gartner of these websites, their products, business or security practices or any association with its operators. You access those websites and use their products and services solely at your own risk.
9. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all right, title and interest in, and to, any Gartner Intellectual Property (including but not limited to any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used on the websites or the service including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to Gartner and will remain vested in Gartner under all circumstances.
You agree that you
will not at any time or under any circumstances acquire any rights of any
nature in and to the Gartner Intellectual Property.
10. WARRANTIES AND REPRESENTATIONS
Gartner makes no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of the website and/or the information and/or images contained on the website. The website and its content are thus used at your own risk.
You warrant to and in favour of Gartner that:
a) you are 18 years or older; or
b) you have the legal capacity to agree to and be bound by these terms; and
c) the terms constitute a contract valid and binding on you and enforceable against you.
Each of the warranties given by you will
i. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in the terms;
ii. continue and remain in force irrespective of whether your account is active, suspended or cancelled (if applicable);
iii. be deemed to be material.
INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATION AND TRANSACTIONS
- Website owner: IT Executive Events (Pty) Limited and IT Management Advisory Services (Pty) Limited T/A Gartner Africa (Gartner)
- Legal status: Gartner is a private company, duly incorporated in accordance with the Act;
- Registration No: [IT Executive Events – 2011/131489/07 and IT Management Advisory Services – 1995/02263/07];
- Director(s): Ms RE Jacobs and Ms MR Jacobs;
- Description of main business of Gartner: Information technology research and advisory services.
- Telephone number: +27 21 794-4569;
- E-mail address: firstname.lastname@example.org;
- Website addresses: www.gartner.co.za;
- Physical Address: Suite 3, 1st Floor, Madison Place, Alphen Office Park, Constantia Road, Constantia, Cape Town;
- Postal Address: P O Box 688, Plumstead, 7801;
- Registered Address: as above.
Any provision of
these terms which is or may become illegal, invalid or unenforceable in any
jurisdiction affected by these terms will, as to such jurisdiction, be
ineffective to the extent of such prohibition or unenforceability and will be
severed from the balance of these terms, without invalidating the remaining
provisions of these terms or affecting the validity or enforceability of such
provision in any other jurisdiction.
13. GOVERNING LAW
These terms and any matter arising from these terms, shall be governed by and interpreted in accordance with the substantive laws of South Africa.
For the purpose of all or any proceedings arising from your use of the websites,
you consent to the jurisdiction of the magistrates' court having territorial
jurisdiction, notwithstanding that such proceedings are otherwise beyond its
jurisdiction. This clause shall be
deemed to constitute the required written consent conferring jurisdiction upon
the said court pursuant to section 45 of the Magistrates' Court Act, 1944,
provided, nevertheless, that Gartner shall have the right at its sole option
and discretion to institute proceedings in any other competent court.
Failure or neglect by Gartner to enforce any of these terms, will not be construed as a waiver of its rights, nor will such failure or neglect in any way affect the validity of the whole or any part of these terms, nor prejudice the rights of Gartner to take subsequent action.
Any questions or concerns arising from these terms or the websites should be addressed to email@example.com
For all purposes of these Terms, any notice required to be in writing shall include email.
17. WHOLE AGREEMENT
These terms constitute the whole agreement between you and Gartner relating to your use of the websites.
18. NO THIRD PARTY STIPULATION
The terms create a legally binding agreement between you and Gartner. Accordingly, unless expressly stated to be the case, the terms do not create rights in favour of any third party.