Terms of Use

THE USE OF THE THINK iT SOLUTIONS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS. ACCESSING AND USING THE THINK IT WEBSITE OR ANY PART THEREOF IMPLIES THAT YOU (“USER”) AGREE TO THE TERMS AND CONDITIONS BELOW.

For ease of reference, the breakdown of the applicable Terms and Conditions (click on any of the following headings to be transferred to the specific clause):

  1. Definitions
  2. About us
  3. Allowed Use
  4. Intellectual Property
  5. Further Disclosures
  6. Privacy and protection of personal information
  7. Security
  8. Limitation of Liability
  9. Agreement and eCommunications
  10. Refund / Cancellation Policy
  11. Termination
  12. Breach
  13. General
  14. Law and Jurisdiction


1. DEFINITIONS


  1.1 “the THINK iT website” means the THINK iT website and all its pages and content, owned and operated by THINK iT and located at http://thinkit.co.za ;
 
  1.2 “THINK iT” means EOH MTHOMBO (PTY) LTD trading as THINK iT Solutions with registration number 1998/000103/07;
 
  1.3 “content” means, but not limited to text, graphics, icons, links and other similar material on the website;
 
  1.4 “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
 
  1.5 “Intellectual Property” means copyright (including but not limited to literary-, artistic-, musical- work, photograph, sound recording, computer programs, artistic works), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets.
 


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2. ABOUT US


  2.1 Company name: EOH MTHOMBO (PTY) LTD trading as THINK iT Solutions;
 
  2.2 VAT number: 4320 172 499
 
  2.3 Directors : Asher Bohbot, Michael le Plastrier, Lucky Khumalo, Dion Ramoo, Jane Thomson, John King;
 
  2.4 Physical Address : 2nd Floor, Rivonia Village, Rivonia, Johannesburg, 2128;
 
  2.5 Postal Address: PO Box 2269, Rivonia, Gauteng, 2128, South Africa;
 
  2.6 Tel : 0861 iTHINK (484 465);
 
  2.7 Fax : 0866 218 727;
 
  2.8 Please use the following email address should you have any questions regarding this email legal notice: legal@thinkit.co.za
 
  2.9 2.9 Website address : http://thinkit.co.za ;
 
  2.10. Type of Business : Provision of services with a focus on managed IT solutions for customers in South Africa, including but not limited to delivering best of breed technologies from various worldwide partners which include the likes of CA, Cisco, Citrix, EMC, Fortinet, Microsoft, NetApp Oracle and Quest;
 

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3. ALLOWED USE OF THE THINK iT™ WEB SITE


3.1 THINK iT hereby grants the User a non-exclusive, non-transferable license, subject to the conditions below, to:


  3.1.1 View / browse the THINK iT website;
 
  3.1.2 Use content for personal and non-commercial purposes in accordance with the terms and conditions below;
 
  3.1.3 Copy, download and print the content of the THINK iT website for purposes of executing - or with the intention to execute a transaction between the User and THINK iT or any of its agents;
 

3.2 License conditions:


  3.2.1 Other than as agreed to above, the User may not use, copy, adapt, redistribute or modify the content or any part thereof or frame, "mirror", data-mine or cache the THINK iT website or reverse engineer, copy, modify, download, distribute, decompile or create a derivative work of the software, or any part thereof without prior written permission from THINK iT. For any re-use or distribution of the content, you must make clear to others the terms and conditions applicable to the content available from the website;
 
  3.2.2 User may not sublicense any of the content available from the website. User must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;
 
  3.2.3 User may not assign, transfer or sublicense the rights pursuant to this Agreement;
 
  3.2.4 User agrees to supervise all usage by minors (younger than 18 years of age) of this website under User’s name or account;
 
  3.2.5 In all of the aforesaid Licensed Rights, THINK iT must be acknowledged as the source of the material and the THINK iT contact details must be reflected accordingly;
 
  3.2.6 User is not allowed to make false, speculative or fraudulent booking request(s);
 
  3.2.7 User may not use the THINK iT website’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that are obscene, defamation, racist or offensive of nature or may result in the infringement of intellectual property;
 
  3.2.8 The User’s fair use and other rights are in no way affected by the above;
 

3.3 Hyperlinks to and from THINK iT website


  3.3.1 This Web site may contain links to other websites operated by third parties. THINK iT do not endorse, or approve of the operators and / or owners of Third Party Web Sites, or operate or control in any respect any of the information, graphics and material on those Third Party Web Sites or guarantee that the website will be operation at all times;
 
  3.3.2 Links to third party websites are included solely for the convenience of Users. The User therefore assumes sole responsibility for the use of a third party website;
 
  3.3.3 THINK iT makes no warranties or representations:
 
    3.3.3.1 regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of Third Party Web site content or products or services available through Third Party Web Sites; or
 
    3.3.3.2 that Third Party Web Site content does not infringe the intellectual property rights of any person. THINK iT is not authorising or endorsing or otherwise condoning the reproduction of Third Party Web Site content by linking to it.
 
  3.3.4 THINK iT expressly disclaims acting in any respect on behalf of Third Party Web Site operators and / or owners. Please note that third party sites may be subject to their own terms of use and privacy policies different from those of this site;
 
  3.3.5 Hyperlinks to the THINK iT Web Site will be allowed, subject to the following conditions:
 
    3.3.5.1 Submit request to hyperlink to THINK iT, reflecting the details of your organisation and particular website that will host the hyperlink to Web site;
 
    3.3.5.2 On acceptance of the User’s request the User will receive a Linking Agreement to be signed and submitted to THINK iT. On receipt of this agreement we will forward the requester the necessary hyperlinks and logo(s);
 
    3.3.5.3 All hyperlinks to link to the Web site must link to the Homepage. Links beyond the THINK iT home page may only be used with Think IT Solution’s prior written consent;
 
    3.3.5.4 Authorisation to link to the THINK iT Web site shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form between the you and THINK iT nor authorise you to incur any liability on behalf of THINK iT;
 

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4. INTELLECTUAL PROPERTY RIGHTS


  4.1 The Intellectual Property available on the THINK iT website or obtained via the interaction between itself and the Users are the property of - or license to THINK iT and may not be utilized outside the licensed terms as set out under these terms and conditions;
 
  4.2 E-mail addresses, names, telephone numbers and fax numbers published on the THINK iT website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from THINK iT to utilise same.
 
  4.3 THINK iT would be pleased to consider requests for permission to disseminate or use THINK iT content outside the scope of the license terms set out under above, provided that our written approval is obtained in advance. To obtain approval please contact us at: legal@thinkit.co.za or on
0861 iTHINK (484 465).
 

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5. ADDITIONAL INFORMATION TO YOU AS CONSUMER


  Further disclosure requirements to the User as consumer:
 
  5.1 Full price of goods or services available from THINK iT: Access is free;
 
  5.2 Product / Service Prices
 
    5.2.1 The main service under the THINK iT website is to introduce the User to the services and products available from THINK iT;
 
    5.2.2 No prices for services or products are quoted on the website, however for more information on pricing the User can go to Contact Us;
 
    5.2.3 The terms and conditions applicable to each service and / or product available from Think IT are available on request;
 
  5.3 To view the services available from THINK iT website – click here;
 
  5.4 Users may lodge complaints concerning the Web site with THINK iT at e-mail: webmaster@thinkit.co.za, or use the contact details available on the THINK iT website under ‘Contact Us’ to inform us of your complaint.
 

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6. PRIVACY AND PROTECTION OF PERSONAL INFORMATION


6.1  We value your personal information and intend to give you as much control as possible over your personal information;
 
6.2  The purpose of this statement is to set out how we use Personal information that we may obtain about you. By either registering as a User of any services
  provided by THINK iT on the THINK iT website and by using the THINK iT website generally you agree to the following use:-
 
6.3  Use of your Personal Information
 
  6.3.1 When you register on THINK iT website, utilise the services or use / browse the THINK iT website we may collect, store and use your personal information or any other additional information for purposes as set out below;
 
  6.3.2 We may use personal information or any other requested information that the User provides or that is obtained by us:
 
    6.3.2.1 To submit information about our services / products to the User;
 
    6.3.2.2 To fulfil our agreement with User;
 
    6.3.2.3 To register User with our website and to administer our website services;
 
    6.3.2.4 To identify User when accessing and utilising the THINK iT website;
 
    6.3.2.5 To ensure that User’s requested services are delivered;
 
    6.3.2.6 for assessment and analysis of non-personal statistical information to enable us to review, develop and improve the services which we offer that will enable us to communicate with User and other customers such relevant information;
 
  6.3.3 If the User do not wish to receive information of such products and services as per clause above, the User must tick the opt-out box provided when registering on the THINK iT website or click on the ‘unsubscribe’ hyperlink when the User receives THINK iT’ communications;
 
  6.3.4 THINK iT retains all rights to non-personal information collected and compiled by THINK iT.
 
6.4   Disclosure of User Information
 
  6.4.1 We may give information about the User to the following, who may use it for the same purposes as set out above, excluding direct communications with you as set out under clause for assessment and analysis of non-personal statistical information to enable us to review, develop and improve the services which we offer that will enable us to communicate with User and other customers such relevant information:
 
    6.4.1.1 to employees and agents of THINK iT to administer the website and communications to you by THINK iT;
 
    6.4.1.2 agents or THINK iT franchisees who (on our behalf) profile your data so that we may tailor the goods/services we offer to your specific needs;
 
    6.4.1.3 to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
 
    6.4.1.4 if we have a duty to do so or if the law allows us to do so.
 
  6.4.2 No log-in names or passwords will be disclosed to any third party, except those third parties responsible for the execution of the THINK iT website log-in facility;
 
  6.4.3 Occasionally third parties may provide storage services to THINK iT. In those circumstances those third parties shall be required to enter into a Non Disclosure Agreement on no less stringent terms than found in this privacy statement and to process and protect your data solely in accordance with our instructions;
 
  6.4.4 The user has a right to see its personal information that we keep about the User, either via the THINK iT User account access or upon receipt of a written request and payment of a fee (See Promotion of Access to Information Act 2 of 2000). If the User is concerned that any of the information we hold on him/her is incorrect please contact THINK iT immediately.
 
6.5   Cookies
 
  6.5.1 Cookies may be used by us to understand the Users of our website better. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our website. Depending on the type of cookie we use, cookies also allow us to make our website more user friendly, for example, permanent cookies allow us to save the User’s password so that the User does not have to re-enter it every time the User visits our website;
 
  6.5.2 The User can usually adjust its browser so that the User’s computer does not accept cookies. If the User does this, the User will still be able to browse around the site but the functions that allow the User to access an existing account or page that requires a username or password, will not be available;
 
  6.5.3 Alternatively the User can adjust its browser to tell the User when a website tries to put a cookie on the User’s computer. How the User adjust its browser to stop it accepting cookies or to notify the User of them, will depend on the type of internet browser programme the User’s computer uses;
 
  6.5.4 Please remember, cookies do not contain confidential information such as the Users’ home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers;
 
  6.5.5 The User’s browser also generates other information, including which language the site is displayed in, and your Internet Protocol address ("IP address"). An IP address is a set of numbers which is assigned to the User’s computer during a browsing session whenever the User log on to the Internet via the User’s internet service provider or the User’s network (if you access the Internet from, for example, a computer at work). The User’s IP address is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use the User’s IP address to identify the User personally;
 
  6.5.6 We only keep cookies for the duration of the User’s visit to our website, except where the User save his/her login name as referred to above.
 
6.6   Security
 
  6.6.1 We endeavour to take all reasonable steps to protect the User’s personal information. However, we cannot guarantee the security of any data the User disclose on-line. The User accepts the inherent security risks of providing information and dealing on-line over the Internet and will not hold THINK iT, its directors, employees or agents responsible for any breach of security unless this is due to our gross negligence or wilful misconduct;
 
  6.6.2 Please take note that THINK iT may send User emails from time to time but we would never send an email asking for the User’s log on details or bank details, or direct User to a web page that asks for this information.
 
6.7   General
 
  6.7.1 Please be aware that our site may link to other websites which may be accessed through the THINK iT website. We are not responsible for the data protection - or privacy policies or procedures or the content of these linked websites;
 
  6.7.2 How can I get my name removed for the thinkit.co.za mailing list? If you want to be removed from our mailing list, please send an email to webmaster@thinkit.co.za with the words 'UNSUBSCRIBE' in the subject line and the email address that you wish to be removed within the email. Please note that it may take up to 20 days to action your request. In addition, each electronic mailing we send you will contain details of how you can un-subscribe;
 
  6.7.3 Contact Us If you have any comments or queries in connection with our privacy statement, please us at legal@thinkit.co.za or write to THINK iT (see postal address above).

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7. SECURITY


  7.1 Although THINK iT is not obliged to provide security on the THINK iT website we feel it is important that Users information or any communication between Users and THINK iT is dealt with in the most secure manner reasonable possible, however because of the nature of the internet THINK iT can not warrantee that the User’s communications with THINK iT via the website is completely secure;
 
  7.2 To provide adequate security to all Users of the website and to monitor activities prohibited under section 86 of the ECT Act the User hereby agrees to THINK iT right to intercept, monitor, block, read, delete or accesses all data sent to the website or any other THINK iT communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;
 
  7.3 It is our policy to virus check documents and files before they are posted on this website. However, THINK iT cannot guarantee that documents or files downloaded from this website will be free from viruses and THINK iT do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for the User’s own protection, the User must use virus-checking software when using this website. Further, the User shall not post or provide to THINK iT via this website, any document or file that may contain a virus. The User must virus check any document or file which the User intend to post or provide to us via this website. The User hereby indemnify THINK iT, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this website or the THINK iT or its service provider’s infrastructure;

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8. LIMITATION OF LIABILITY


  8.1 THINK iT website and all materials found on the website are intended for information purposes and provided "as is" without any warranty, representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, software or services;
 
  8.2 THINK iT further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the THINK iT website. THINK iT may make changes / amendments to the THINK iT website, the policies, information described in the materials or content of these Terms and Conditions, at any time without notice. THINK iT reserve the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website. THINK iT makes no commitment to update the materials and may discontinue any part of the THINK iT website or services or certain software or version of certain software for the utilisation of the THINK iT website;
 
  8.3 THINK iT and its service providers will not be liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or data, any delays, whether in an action in contract or delict, arising out of the use or inability to use the THINK iT website or performance of the THINK iT website or non-performance of the THINK iT website, i.e. THINK iT website not available as a result of 3rd party service providers, maintenance, enhancements, events outside the control of THINK iT or force majeure events, even if THINK iT have been advised of the possibility of such damages;

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9. AGREEMENT AND ECOMMUNICATIONS


9.1   Formation and validity of this THINK iT website agreement The User agrees that:
 
  9.1.1 if the User is not a consumer, the User confirm that the User has authority to bind any business on whose behalf the User uses this website;
 
  9.1.2 the User is at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein;
 
  9.1.3 all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) of the ECT Act);
 
9.2   Time and Place of communication, dispatch and receipt
 
  9.2.1 Data Messages sent from THINK iT to the User have been sent from THINK iT’s place of business;
 
  9.2.2 Data Messages sent from THINK iT to the User is deemed to be received when complete message are outside the control of THINK iT (left the system of THINK iT);
 
  9.2.3 Data Messages from the User to THINK iT are deemed to be received by THINK iT only when THINK iT respond thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by THINK iT that it does give legal effect to the Message;
 
9.3   Expression of intent
 
  9.3.1 The User acknowledges that all agreements, authorization or request under this agreement satisfies the “writing” requirement as per section 12 of the ECT Act;
 
  9.3.2 For purposes of Electronic Communications between User and THINK iT no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates the User’s intent to be a party to this agreement;
 
9.4   Attribution of data messages to originator
 
  9.4.1 The User agrees and warrants that the data message sent, from any Computer or device that are owned by the User or the User’s employer or programmed by the User or on the User’s behalf, to THINK iT was sent by the User or a person that had authority to act on the User’s behalf in respect of the data message.

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10. REFUND / CANCELLATION POLICY


  10.1 There are no deliverables in terms of services or goods available from the THINK iT website, except the information as requested by the User by browsing the THINK iT website. Therefore, section 44 of the ECT Act does not apply (no-cooling off period).
 

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11. TERMINATION


  11.1 These Terms and Conditions and the User’s access to the website may be terminated at any time by THINK iT without notice. All restrictions, disclaimers and limitations of liability by THINK iT will survive termination, however, the User will no longer be authorised to access the website.
 

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12. BREACH


  12.1 If the User is in breach of the terms and conditions of this website, THINK iT reserves the right to, without prejudice to any rights which it may have in terms hereof or at law, to:
 
    12.1.1 order for specific performance and damages;
 
    12.1.2 terminate this Agreement and claim damages;
 
    12.1.3 Institute criminal procedures where applicable and necessary;
 
  12.2 All costs, charges and expenses of whatsoever nature which may be incurred by THINK iT in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
 

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13. GENERAL AND MISCELLANEOUS


  13.1 Sole record of agreement These Terms and Conditions constitutes the sole record of the agreement between the User and THINK iT with regard to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
 
13.2   No amendments except in writing
 
  13.2.1 No addition to, variation of, or agreed cancellation of, this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the User and THINK iT; and
 
  13.2.2 No data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by User to THINK iT shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties;
 
13.3   Waivers
 
  No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
 
13.4   Survival of obligations
 

 
Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
 
13.5   Severability
 
  If any one or more of the clauses of these terms and conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions is to be performed, including this clause:
 
  13.5.1 That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;
 
  13.5.2 The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these terms and conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.
 

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14. APPLICABLE AND GOVERNING LAW


The law of South Africa and the jurisdiction of the South African courts shall govern this Agreement.
 

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We recommend you print out a copy of these terms and conditions for your future reference.