Perpro Terms and Conditions

The access to and continued use of Perpro’s Software Platform (the “SaaS Website” – Software as a Service Website), as is available on various web browsers, constitutes your acceptance of and compliance with the following provisions contained herein. You must familiarise yourself with these provisions and if you do not agree with it, you should immediately discontinue the use of this SaaS Website. The last revision date for these terms and conditions is set forth below.

Last revised: 01 December 2023

Perpro reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the SaaS Website and on the Perpro Terms and Conditions website and it is your obligation to periodically check these terms and conditions at the link provided on the Perpro website or http://www.perpro.co.za/terms for changes and updates. Your continued use of the SaaS Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including such changes and updates.

DEFINITIONS

SaaS Website: Perpro’s Software Platform (the “SaaS Website” – Software as a Service Website)

The Supplier: Perpro, the provider and licensor of the SaaS application. Perpro is responsible for delivering the SaaS Website application, providing support and maintenance, and ensuring the application meets the agreed-upon service levels and specifications outlined in this Agreement.

The Customer: The individual or legal entity that has entered into this Agreement with PerPro for the use of the SaaS application. The Customer may include the entity's employees, agents, contractors, or any other individuals authorized to access and use the SaaS application on behalf of the Customer. The Customer is responsible for ensuring that all such authorized users comply with the terms of this Agreement.

1. RESERVED RIGHTS AND GRANT OF LIMITED LICENCE

Perpro owns the intellectual property rights, including copyright, for the contents of the SaaS Website ( the “Information”). You are granted a limited license to access and to use Perpro. Perpro will not be responsible for any consequential damages resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form.
Perpro reserves the right to modify, suspend or terminate the permission or license granted by it in terms hereof and/or to restrict the use of and access to the SaaS website and web portals.

2. SOLICITATION

No part of the SaaS Website or web portals should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the SaaS App or web portals may only be available in certain areas or jurisdictions.

3. PAYMENT AND SUBSCRIPTIONS

You agree to pay all fees associated with your subscription in a timely manner. Failure to pay may result in the suspension or termination of your account.

4. ADVICE OR WARRANTIES
The Information on the SaaS Website or web portals including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information at the SaaS Wesbite or web portal without seeking the advice of a professional. Perpro is not responsible for any content or information that you may find undesirable or objectionable as all content is maintained by the SaaS App licensee to which Perpro licenses the SaaS Website.

5. LIABILITY
Perpro will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the SaaS Website or web portals or in reliance on the information available on the SaaS Website or web portals, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.

6. TRADEMARKS
Certain words, phrases, names, designs or logos used on the SaaS Website or web portals may constitute trademarks, service marks or trade names of Perpro or other entities. The display of any such marks or names on the SaaS App or web portals does not imply that a license has been granted by Perpro or other entities for use thereof.

7. CONFIDENTIALITY

Either Party may need to provide, collect, use, store or process Personal Information of the other Party. Each Party hereby authorises such collection, use, storage and processing where the need arises.
Each Party shall only provide, collect, use, store or process Personal Information:
1. in compliance with the South Africa Protection of Personal Information Act ( POPI);
2. as is necessary for the purposes of this agreement; and
3. in accordance with the lawful and reasonable instructions of the Party providing the Personal Information.
All Perpro Platform’s Data is currently housed in a SmaterASP.Net Hosting Environment in Europe. Your acceptance of these terms confirms that you consent to your data being stored and backed-up in this environment
Both Parties shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage.
The Supplier shall follow its archiving procedures for Customer Data as set out in its Back-Up Policy available at the website as may be notified to the Customer from time to time, as such document may be amended by the Supplier in its sole discretion from time to time. In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavors to restore the lost or damaged Customer data from the latest back-up of such Customer data maintained by the Supplier in accordance with the archiving procedure described in its Back-Up Policy. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub- contracted by the Supplier to perform services related to Customer Data maintenance and back- up).
The Supplier shall, in providing the Services, comply with its Privacy and Security Policy relating to the privacy and security of the Customer Data available at such website address as may be notified to the Customer from time to time, as such document may be amended from time to time by the Supplier in its sole discretion.
If the Supplier processes any personal data on the Customer’s behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
1. The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer’s behalf;
2. the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
3. the Supplier shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time; and
4. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
5. Computer Viruses. Every effort is made to ensure that all information provided at the SaaS App or web portals does not contain computer viruses, you should however take reasonable and appropriate precautions to scan for viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your system.

8. CONFORMANCE WITH LAW
Your use of the SaaS Website or web portals shall not violate any local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

9. APPLICABLE LAW
The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Perpro makes no representations or warranties of any kind, express or implied, as to the operation of this SaaS Website or web portals or the information, content, materials or products included on this SaaS App or web portals. You agree that the use of this SaaS Website or web portals is at your sole risk. You should not assume that the SaaS Website or web portals will be error-free or that the SaaS App or web portals will operate without interruption. Perpro does not warrant that this SaaS Website or web portals, its servers, or e-mails sent from it are free of viruses or other harmful code. Perpro will not be liable for any damages of any kind arising from the use of this SaaS App or web portals, including, but not limited to direct, indirect, incidental, punitive and / or consequential damages.

11. SYSTEM SECURITY

Perpro is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data save as for provided in the POPI Act.
The Customer is responsible for maintaining the confidentiality of all usernames, passwords, and other security credentials used to access the SaaS application.
The Customer agrees to immediately notify Perpro of any unauthorized use of their account, password, or any other breach of security.
The Customer is fully responsible for all activities that occur under their account, including any actions taken by individuals whom the Customer has authorized to access the SaaS application.
The Customer must take appropriate measures to ensure the security of their systems and networks when accessing and using the SaaS application.

12. SYSTEM COMMUNICATIONS
Some or all parts of the Perpro Platform will deliver content in the form of, but not limited to, Messages, Emails, News, By accepting these terms you agree to receive such communications.

13. SERVICE FEE
Perpro does not warrant the availability of the SaaS Website or web portals or such service and shall not be liable in any respect for the temporary or permanent disruption in usage.

14. TERMINATION

Perpro reserve the right to terminate or suspend your account at any time for violation of these Terms and Conditions.

BY REGISTERING ON THIS SAAS WEBSITE OR WEB PORTALS AND / OR USING ANY SERVICES OFFERED ON THIS SAAS WEBSITE OR WEB PORTALS, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMER.