TERMS & CONDITIONS

RIB CCS TERMS OF USE

  1. Introduction

    1. The RIB CCS Website (https://digitlab.ribccs.com) (the “Site”) is owned and operated by Construction Computer Software (Pty) Ltd, a company registered in South Africa with company registration number 1982/007709/07 and its, subsidiaries and affiliates (hereinafter collectively referred to as “RIB CCS”).
    2. The following Terms of Use (hereinafter the “T’s & C’s”), which include the Data Privacy Policy applicable to the User’s usage of and interaction with the Site, govern the relationship between you and RIB CCS in the use of the Site.
    3. By using the Site, you are agreeing to comply with and be legally bound by these T’s & C’s and you provide your express consent for your personal information to be dealt with in accordance with the terms of the Data Privacy Policy (“Data Privacy Policy”).
    4. If you have any queries with regard to the Site or the security of this Site please contact RIB CCS by sending an email to marketing@digitlab.ribccs.com .
    5. No opinions, research information, data or content contained on the Site (whether posted by RIB CCS or a 3rd party) should be construed as advice. Before making any decision or taking any action that might affect your business, you should seek specific, professional advice around your use of the Site, registration process and the RIB CCS software solutions and services.
    6. RIB CCS will from time to time make changes to these Terms, and such changes will be posted to this page, as such it is your responsibility to periodically review this page in order to stay up to date on any modifications and/or amendments made by RIB CCS.
  2. Content

    1. The Site aims to provide specific information regarding the purchase and use of various RIB CCS software solutions provided by RIB CCS on a subscription or once off basis.
    2. These T’s and C’s do not purport to govern the whole relationship between you and RIB CCS. The relevant agreement will be concluded at the time of purchase of the specific RIB CCS software product and this agreement and the Service Level Agreement annexed to the specific RIB CCS software product will stipulate the roles and obligations of each party.
  3. Restrictions on use
    1. You must not, other than as provided for in these T’s & C’s:
      1. Remove any copyright, trademark or other intellectual property right notice contained in the Site;
      2. Use the material from the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of RIB CCS.
    2. To the extent permitted by law, you hereby indemnify RIB CCS against any and all claims arising from the use by 3rd parties of any material from the Site that they have accessed as a result of your reproduction, redistribution, alteration or transmission of that material in contravention of these T’s & C’s.
  4. Disclaimer

    RIB CCS endeavours to ensure the accuracy and reliability of the Site and the content, materials, software solutions and services included and available on the Site, but due to the possibility of human and mechanical error and other factors, to the extent allowed by law, RIB CCS does not, whether expressly, tacitly or implicitly, represent, warrant or in any other way guarantee the availability, truth, accuracy, completeness or reliability of such information or that it is always up to date or that your access to the Site will be uninterrupted or error-free.

  5. 3rd Party Websites

    The Site may contain links to websites maintained by 3rd parties. RIB CCS is not responsible for the privacy practices of such 3rd party websites and RIB CCS does not control the content or the links that may appear on those websites. RIB CCS recommends that you refer to the 3rd party’s website T’s & C’s and Data Privacy Policy prior to using the relevant 3rd party website before providing personal information. RIB CCS does not endorse or approve any 3rd party website nor does it endorse the content of any of the 3rd party website made available via this Site. RIB CCS does not, receive or store passwords for any of the 3rd party services.

  6. Copyright and trademarks
    1. The works of authorship contained in the Site, including but not limited to, all designs, trademarks, logos, data, text and images, whether registered or unregistered, are the intellectual property of RIB CCS, its affiliates or 3rd parties who have supplied information to RIB CCS and are protected by South African and international intellectual property laws and conventions.
    2. RIB CCS reserves the right to take legal action in respect of any reproduction, copying, distribution, framing, uploading to a 3rd party, publication, adaptation, broadcast, public performance or other use or communication to the public of the information contained on the Site without the prior written consent of RIB CCS.
    3. You are not permitted to use any of the trademarks displayed on the Site without the prior written consent of RIB CCS or the 3rd party that owns the trademark.
  7. Comments and feedback
    1. If you have any questions or comments on, by, or in connection with the Site and would like to contact RIB CCS, please send your questions or comments to marketing@digitlab.ribccs.com. RIB CCS values your feedback, but RIB CCS will not be obliged to respond to, maintain or compensate you in any way whatsoever for your feedback.
    2. Any person that delivers or attempts to deliver any malicious or damaging code to this Site or attempts to gain unauthorised access to any page on this Site may be prosecuted and damages may be claimed in the event that RIB CCS suffers any damage or loss.
  8. Privacy Policy
    1. RIB CCS is committed to safeguarding the privacy of its users while providing a personalised and valuable service. RIB CCS’s Data Privacy Policy, is incorporated by reference into these T’s & C’s and forms part of these T’s & C’s, and explains the data processing practices of RIB CCS insofar as it relates to the Site.
    2. When you complete forms on the Site, you may be asked to provide certain personal details (“Personal Information”). RIB CCS will only use the Personal Information in accordance with the Data Privacy Policy.
    3. We have reasonable security measures in place to protect against the loss, misuse and interception by 3rd parties of the information under our control, but, to the extent permitted by law, RIB CCS assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet. To learn more about our security procedures send an email to data.privacy@digitlab.ribccs.com
    4. RIB CCS uses cookies and similar technologies in our Website, and marketing automation solutions that help us collect other information about you across other websites and online services. Find out more about cookies in our Data Privacy Policy.
  9. Consumer Protection Act
    1. If these T’s & C’s and/or any software solutions and/or services provided under these T’s & C’s are regulated by the Consumer Protection Act No 68 of 2008 of South Africa, as amended, replaced or re-enacted from time to time (“Consumer Protection Act”), it is not intended that any provision of these T’s & C’s contravenes any provision of the Consumer Protection Act and therefore all provisions of these T’s & C’s must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
    2. Nothing in these T’s & C’s does or purports to limit or exempt RIB CCS from liability for any loss directly or indirectly attributable to the gross negligence of RIB CCS or any person acting for or controlled by RIB CCS where the law does not permit this and this clause also does not require you to assume the risk or liability for this kind of loss where the law does not permit this.
  10. Agreements in Terms of Section 21 of the Electronic Communications and Transaction Act of South Africa
    No e-mail message shall be deemed to have been received by RIB CCS until a response has been issued from RIB CCS. An automated response, from RIB CCS shall not satisfy this requirement.
  11. Information in terms of Section 43(1) of the Electronic Communications and Transactions Act of South Africa
    In the event that you are an individual and RIB CCS offers you goods or services for sale, hire or exchange by way of electronic transactions from, by or through the Site, RIB CCS makes the following information available to you, in terms of Section 43(1) of the Electronic Communications and Transactions Act, no. 25 of 2002 as amended (“the Act”):

    a.Full NameConstruction Computer Software (Pty) Ltd
    b.Legal StatusPrivate registered company
    c.Physical address22 Karee Street, Centurion, 0169, South Africa
    d.Website addresswww.digitlab.ribccs.com
    e.Email addressinfo@digitlab.ribccs.com
    f.Membership of any self-regulatory or accreditation bodies to which RIB CCS belongs or subscribes and the contact details of that bodyNot applicable
    g.Place of registrationRepublic of South Africa
    h.Physical address where RIB CCS will receive legal service of documents22 Karee Street, Centurion,0169, South Africa
    i.Description of the main characteristics of the goods or services offered by RIB CCS to enable the User to make an informed decision on the proposed electronic transactionRIB CCS markets, sells, trains and consults on our internally developed software solutions.
    j.Full price of the goods or services, including transport costs, taxes and any other fees or costsAs provided to you in the proposal, quote, tender or invoice.
    k.Manner of PaymentAs advised to you by RIB CCS in an agreement, proposal, quote, tender, invoice, or otherwise.
    l.Any terms of agreement, including any guarantees, that will apply to the transaction and how these terms may be accessed, stored and reproduced electronically by the UserAs advised to you by RIB CCS in an agreement, proposal, quote, tender, invoice, or otherwise.
    m.The time within which the goods will be dispatched or delivered or within which the services will be renderedAs advised to you by RIB CCS in an agreement, proposal, quote, tender, invoice, or otherwise.
    n.The manner and period within which the User can access and maintain a full record of the transactionAs advised to you by RIB CCS in an agreement, proposal, quote, tender, invoice, or otherwise.
    o.The return, exchange and refund policy of RIB CCSAs advised to you by RIB CCS in an agreement, proposal, quote, tender, invoice, or otherwise.
    p.The alternative dispute resolution code to which RIB CCS subscribes and how the wording of that code may be accessed electronically by the UserAs advised to you by RIB CCS in an agreement, proposal, quote, tender, invoice, or otherwise.
    q.Where appropriate, the minimum duration of the agreement in case of agreements for the supply of products or services to be performed on an ongoing basis or recurrentlyAs advised to you by RIB CCS in an agreement, proposal, quote, tender, invoice, or otherwise.
  12. General
    1. These T’s & C’s, the specific RIB CCS software product agreement and the Service Level Agreement annexed to the specific RIB CCS software product and the Data Privacy Policy constitute the sole record of the agreement between you and RIB CCS in relation to the subject matter hereof. Neither you nor RIB CCS shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These T’s & C’s together with the specific RIB CCS software or service proposal and agreement and Data Privacy Policy supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and RIB CCS in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon RIB CCS unless agreed to in writing by RIB CCS. No indulgence or extension of time which RIB CCS may grant to you will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of RIB CCS in terms hereof, save in the event or to the extent that RIB CCS has signed a written document expressly waiving or limiting such rights.
    2. RIB CCS shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these T’s & C’s to any 3rd party without notice to you.
    3. To the extent permitted by law, your continued use of the Site will be deemed to be your conclusive acceptance of the updated T’s & C’s. RIB CCS reserves the right to change or delete any information, features or contents of the pages of the Site at any time and without notice. Notwithstanding the provisions of this clause, to the extent that any such change or deletion relates to any information, features or contents for which you have paid or are required to pay any consideration, RIB CCS will use its reasonable endeavours to exercise this right of notice to you.
    4. All provisions of these T’s & C’s are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these T’s & C’s which is or becomes unenforceable in any jurisdiction, whether due to non-availability, invalidity, illegality, unlawfulness or for any reason whatsoever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these T’s & C’s shall remain of full force and effect.
    5. This Site though hosted by GoDaddy, is created, maintained and controlled in the Republic of South Africa and as such you agree that the laws of the Republic of South Africa and the jurisdiction of the South African courts govern these T’s & C’s, any disclaimers, copyright and use statements contained in the Site, and any legal matter resulting from the use or inability to use this Site, without giving effect to any principle of conflict of laws. Notwithstanding the foregoing, RIB CCS may seek recourse in any jurisdiction worldwide in order to restrain the unlawful use of any of the material contained in the Site.
    6. All disputes in terms of the use of this Site or any agreement flowing there from, or relating to the inability to use this Site, will be referred at the sole discretion of RIB CCS either to adjudication in the High Court of South Africa, or to arbitration in terms of the Commercial Rules of Arbitration of the Arbitration Foundation of Southern Africa (AFSA) and such arbitration shall be held in Johannesburg, South Africa and conducted in the English language.
    7. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act of South Africa, RIB CCS shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, RIB CCS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be uninterrupted and error free.
    8. This Site is supplied on an “as is” basis and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy him or herself, prior to entering into this agreement with RIB CCS, that the service available from and through this Site will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.

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