Welcome to the sparrowhawk.cloud website (the "Site"), operated by Sparrowhawk IT Services (Pty) Ltd, trading as sparrowhawk.cloud ("we", "us", or "our"). By accessing or using the Site, you agree to comply with and be bound by these Site Terms ("Terms"). If you do not agree to these Terms, please refrain from using the Site.
1. Acceptance of Terms
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you purchase any products or services from us, such transactions will be governed by our Client Agreement, which will prevail over these Terms in the event of any conflict.
2. Changes to Terms
We reserve the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after such modifications constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
3. Use of the Site
You must be at least 18 years old and have the legal capacity to agree to these Terms to use the Site.
You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the Site for personal or informational purposes only. Commercial use of the Site or its Content is strictly prohibited without our express written authorisation.
Certain features of the Site may require you to create an account. You agree to provide accurate information during registration, keep your account information updated, and maintain the confidentiality of your account credentials. You are responsible for all activities that occur under your account and agree to notify us immediately of any unauthorised use. We are not liable for any loss or damage arising from unauthorized use of user accounts if the user fails to maintain the confidentiality of their credentials.
4. Intellectual Property Rights
All content on the Site, including text, graphics, logos, images, audio clips, video clips, data compilations, and software (collectively, the "Content"), is the property of Sparrowhawk IT Services (Pty) Ltd or its suppliers and is protected by South African and international copyright laws.
You may view, download, and print content from the Site solely for personal, non-commercial use. Modifying the content or removing copyright notices without our prior written consent is prohibited. Unauthorised use of the Content may result in termination of your access to the Site and may violate applicable laws.
5. User-Submitted Information
You retain ownership of any information you submit to the Site via forms, support tickets, or live chat ("User-Submitted Information"). You are solely responsible for ensuring that your User-Submitted Information complies with applicable laws and that you have all necessary rights to submit this information.
By submitting information through our forms, support tickets, or live chat, you grant Sparrowhawk IT Services (Pty) Ltd a licence to use, store, and process your User-Submitted Information as described in our Privacy Policy.
You agree not to submit any information that is unlawful, defamatory, harassing, or otherwise objectionable. You must not submit any information that contains viruses, malware, or other harmful code.
You are prohibited from collecting personal information of other users or third parties via support tickets, live chats, or any other forms available on the Site without their explicit consent. Unauthorized collection, storage, or distribution of such information may constitute a violation of these Terms and relevant data protection laws, including the Protection of Personal Information Act (POPIA) of South Africa.
We reserve the right to remove or refuse to process any User-Submitted Information that violates these Terms or poses a risk to our users or systems, without prior notice.
6. Prohibited Activities
You agree not to use the Site for unlawful purposes, transmit harmful code, attempt unauthorised access, disrupt functionality, misrepresent your identity, engage in phishing or spamming, or restrict other users from using or enjoying the Site. Additionally, you must not use the Site in any way that violates applicable local, national, or international laws.
7. Privacy Policy
Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information. Please review our Privacy Policy carefully before using the Site.
8. Prohibition on Data Scraping, Harvesting, and Collection
You agree not to use any unauthorised automated means, including but not limited to robots, spiders, crawlers, or scraping tools, to access, extract, monitor, or collect any data or content from the Site without our express prior written consent. This includes methods used for marketing, research, or other commercial purposes. Additionally, you agree not to collect data related to our employees or staff without consent.
Collecting any data from the Site, including user data, employee or staff information, or other content for marketing, data analysis, or any commercial purpose is strictly prohibited unless you have obtained explicit permission from Sparrowhawk IT Services (Pty) Ltd.
While we understand the concept of "legitimate business interest" under certain data protection laws, this does not entitle any party to collect data from our Site without consent. All data collection activities must comply with our Privacy Policy and relevant data protection regulations, including the Protection of Personal Information Act (POPIA) of South Africa.
We reserve the right to monitor, block, and take legal action against any party engaging in data scraping, harvesting, or collection activities without authorisation.
9. Disclaimer and Indemnity
We expressly disclaim all liability for any direct, indirect, or consequential loss or damage arising from the use or inability to use this Site. We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
You agree to indemnify and hold harmless Sparrowhawk IT Services (Pty) Ltd, its employees, subcontractors, subsidiaries, and affiliates from any claims, actions, or other legal proceedings, including attorney's fees and related costs, arising out of or in connection with your use of or access to this Site, or your violation of these Terms.
10. Termination
We reserve the right to terminate or suspend your access to the Site at any time, without notice, for any reason, including violation of these Terms.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of South Africa. You agree to submit to the jurisdiction of the courts located in South Africa for resolving disputes.
12. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
13. No Waiver
If Sparrowhawk IT Services (Pty) Ltd doesn't enforce any part of these Terms, it doesn't mean we waive the right to enforce them in the future. Any relaxation, indulgence, or extension of time granted by us doesn't affect our right to strictly enforce the Terms at any other time.
14. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Sparrowhawk IT Services (Pty) Ltd may assign or transfer its rights and obligations under these Terms without your consent. Any unauthorized assignment by you will be void.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us through the appropriate department by submitting a ticket.