1. INTRODUCTION

    • This website, accessible at https://lite.it/ (the “Website”), and related software applications is owned by Xpand IT Proprietary Limited, a company registered in South Africa with registration number 2012/060017/07 (“IT”, “we”, “us” or “our”).
    • Part A (General Terms) and Part B (Privacy Policy) (collectively these “Terms”) govern your use of the Website and the services associated with Lite.IT that are provided by us (the “Services”) and are binding and enforceable against every person that accesses or uses the Website and/or the Services (“you”, “your” or “user”). By accessing, visiting or using the Website, you explicitly acknowledge that you have read, understood and agree to be bound by Part A and Part B. If you do not agree with our Terms you should not use our Website.
    • If the person creating an Account in order to purchase Services does so on behalf of an organisation or company, then such person is agreeing to these Terms for that organisation or company and warrants that he/she has the necessary authority to bind that organisation or company to these terms. In that case “you”, “your” or “user” will refer to that organisation or company.
    • These Terms apply to all Users, including Users who may be consumers for the purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and for the purposes of the Electronic Communications and Transactions Act, 25 of 2002 as they are amended from time to time.
    • Headings in these Terms are inserted only for reference purpose and will not affect the interpretation of the Terms.

PART A – GENERAL TERMS

  1. DISCLAIMER
    • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    • We will take reasonable steps to ensure that the content of the Website is accurate and complete, however we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
    • The Website and all information provided on the Website is provided “as is”, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    • In addition to the disclaimers contained elsewhere in these Terms, Lite.IT also makes no warranty or representation, whether express or implied, that the information or files available on the Website is free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, mobile devices, hardware or software in any way. you accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Lite.IT, its employees, agents or authorised representatives. Lite.IT thus disclaims all liability for any damages, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  2. SERVICES AND YOUR ACCOUNT
    • In consideration for the charges, we will provide the Services to you as described on the Website.
    • The Services are provided on a monthly subscription basis. The charges for the Services and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your payment method at the end of each month.
    • Except as expressly stated in these Terms, Lite.IT gives no other warranties, express or implied, by operation of law or otherwise in respect of the Services.
    • Free Trials
      • Your Lite.IT Services may start with a free trial. The duration of the free trial period will be specified during sign-up and is intended to allow new users to try the service.
      • We may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your Account on hold in the event that we determine that you are not eligible.
      • At the end of your free trial period we will begin charging you for the Services unless you cancel the Services prior to the end of the free trial period.
    • Your Account
      • You must register for and maintain an active personal user account (“Account“) in order to access the Services, including:
        • purchasing, viewing or updating the Services; and
        • viewing, updating or amending your information.
      • You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Lite.IT certain personal information. You will also be required to provide a unique username and password in order to access your Account.
      • You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date information, including having an invalid or expired payment method on file, may result in your inability to access the Services.
      • As part of the Services, you may be required to submit specific content to us, including information relating to your device and remote access to your device (“User Content”). In submitting User Content to us, you grant us a license to use the User Content as required by us to provide the Services.
      • You agree that we will store data relating to the details of how you used our Services and/or Website, and data sourced from external parties, and that such data may be used by us in the provision of the Services.
      • You are responsible for all activity that occurs under Your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. If you suspect or become aware that your Account may be accessed without authorisation or a breach of security has occurred in relation to your Account, you must notify us by e-mail immediately by contacting support@lite.it. If we believe that any unauthorised access to your Account has taken or may take place, we may suspend or terminate your access to your Account immediately and without prior notice. You agree, however, that Lite.IT is entitled to assume that any activity on your Account has been authorised by You.
  1. BILLING AND CANCELLATION
    • To receive the Services you must provide an appropriate payment method to your Account. You authorise us to charge your payment method at the end of each month. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid payment method. For some payment methods, such as credit or debit cards, the issuer may charge you certain fees, such as fees relating to the processing of your payment method. Check with your credit card provider for details.
    • You can update your Payment Methods on your Account page. Following any update, you authorize us to continue to charge the applicable payment method.
    • We may change the scope of the Services and the price of the Service from time to time; however, any price changes or changes to the Services will apply no earlier than 30 days following notice to you.
    • You can cancel the Services at any time, and you will continue to have access to the Service through the end of the month in which you cancelled the Services. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial Service periods.
  2. CHANGES TO THESE TERMS
    • IT may, in its sole discretion, change any of these Terms at any time. It is your responsibility to regularly check these Terms and make sure that you are satisfied with the changes. Should you be unsatisfied with the terms and conditions please refrain from using the Website in any manner.
    • Any such change will only apply to your use of this Website after the updated Terms are published on the Website. If you use the Website after such amended Terms have been displayed on the Website, you will be deemed to have accepted such changes.
  3. PRIVACY
    • All personal information provided by you to us will be processed in accordance with our privacy policy below.
  1. GOVERNING LAW AND JURISDICTION
    • These Terms and the relationship between you and Lite.IT and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of South Africa and the exclusive jurisdiction of the courts of South Africa.
    • Nothing in these Terms limit Your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  2. NOTICES
    • LITE.IT information: Physical address for receipt of legal service: 2nd Floor, Block E, The Pivot, 1 Montecasino Boulevard, Fourways, 2021
    • IT may change the address set out above from time to time by updating these Terms.
    • All notices sent in terms of these Terms must be delivered either by hand or prepaid registered post and must be in English.
  1. INTELLECTUAL PROPERTY RIGHTS OWNERSHIP AND COPYRIGHT
    • Intellectual Property Rights
      • Intellectual Property Rights” means all intellectual property rights of whatsoever nature including, corporate identification, trademarks, trade names, service marks, designs, brand names, logos, slogans, emblems copyright, patents, inventions, designs, know-how, improvements, processes, get-ups, specialised technical information or expertise (whether registered or not).
      • All existing Intellectual Property Rights existing in and to the Services vest exclusively in Lite.IT and its licensors. These Terms do not transfer any Intellectual Property Rights to you. All Intellectual Property Rights subsisting in any Third-Party Products are the property of the licensors of such Third Party Products.
      • All Intellectual Property Rights generally developed in the provision of the Services shall vest in Lite.IT.
    • Website Content
      • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs graphics, icons, hyperlinks, private information, and service marks which are displayed on or incorporated in this Website (“Website Content“) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Lite.IT, its vendors, suppliers, advertisers and/or sponsors and/or is licensed to Lite.IT.
      • Nothing contained on this Website shall be read in a manner which allows users to acquire any right, title or interest in or to the Website or the Website Content. You are granted an access only for purposes of viewing the material contained on this Website.
      • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms, or otherwise provided for in law.
      • Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third party terms and conditions. We will take reasonable steps to inform you in the event that any third party or licensor terms and conditions are changed.
  1. THIRD-PARTY PRODUCTS AND LINKING TO THIRD-PARTY WEBSITES
    • As part of the Services, Lite.IT may provide you with access to and use of third-party products, software and/or services (collectively “Third Party Products”), such as third-party anti-virus software. Such Third Party Products will be subject to their own terms and end user licence agreements and you agree that your use of any Third Party Products will be subject to the terms applicable to that Third Party Product. Lite.IT disclaims any and all liability, including any express or implied warranties, whether oral or written, for such Third Party Products.
    • Any third-party Products are provided “as is” without warranty of any kind, either expressed or implied and such Third Party Products are to be used at your own risk.
    • The use of the Third-Party Products is done at your own discretion and risk and with agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such Third-Party Products. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any Third-Party Products, and we will not be liable for any damages that you may suffer connection with downloading, installing, using, modifying or distributing such Third-Party Products. No advice or information, whether oral or written, obtained by you from us or from this website shall create any warranty for the Third-Party Products.
    • Additionally, we make no warranty that:
      • the Third-Party Products will meet your requirements.
      • the Third-Party Products will be uninterrupted, timely, secure or error-free.
      • the results from the use of the Third-Party Products will be effective, accurate or reliable.
      • the quality of the Third-Party Products will meet your expectations.
      • if errors or problems occur in connection with a download of the Third-Party Products obtained from the links on this Website, they will be corrected.
    • This Website may contain links or references to other websites (“Third Party Websites“) which are outside of our control. These Terms do not apply to those Third-Party Websites, and Lite.IT is not responsible for the practices and/or privacy policies of those Third Party Websites.
    • You acknowledge and agree that Lite.IT has not reviewed all Third-Party Websites linked to the Website and we are not responsible for the content of any Third Party Website. All use of Third Party Websites is entirely at your own risk, and Lite.IT shall not be responsible for any loss, expense, claim or damages, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  2. LIMITATION OF LIABILITY
    • IT will not be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Lite.IT, its employees, agents or authorised representatives acting on behalf of Lite.IT.
    • IT’s total liability under these Terms in respect of the Services provided by Lite.IT shall be limited to the accumulative total of the charges paid by you in the 3 months immediately preceding the cause of action.
    • Irrespective of the cause of action, in no event shall Lite.IT be liable to you for any incidental, consequential, or any other indirect loss or damages, or for any lost profits, lost revenues, or loss of data, or for any exemplary or punitive damages.
    • You acknowledge that you will be solely responsible for ensuring that all information and data contained on any computer or device utilised by you in receiving the Services is backed-up and secure and that you will be responsible for all back-ups and storage of your data. Lite.IT will not be responsible to you or any third party for any loss of, or damage to, any data caused by your use of the Services.
    • IT shall not be liable for any damages, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked Third Party Website.
    • You hereby indemnify Lite.IT against any loss, claim or damages which may be suffered by you or any third party arising in any way from your use of this Website and/or any linked Third Party Website.
    • Without limiting the generality of the above, Lite.IT will not be liable for failure to fulfil any of its obligations or failure of the Website or any services, due to causes beyond its reasonable control, including, without limitation, any failure or delay of any supplier (including, any communications service providers); acts of God; strikes or lock outs; war (whether declared or not); terrorism; sabotage; revolution; invasion; insurrection; strike; lock-out or any other industrial action; riot; civil commotion; mob violence; blockade; embargo; boycott; the exercise of military power; acts or restrains of government including the imposition or restrictions of or embargos on imports or exports.
  3. AVAILABILITY AND TERMINATION
    • Lite.IT may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the Services, or the operation of the Website or the user’s right to use the Website or any of its contents, including for scheduled and unscheduled maintenance of the Website. If you breach any of the provisions of these Terms, Lite.IT shall be entitled, in addition to terminating or suspending your access to the Website and the Services, to exercise any rights which it may have in law against you.
  1. GENERAL
    • IT may cede, assign or otherwise transfer its rights and obligations in terms of these Terms to any third party.
    • If any term or condition contained herein is declared invalid, the remaining Terms will remain in full force and effect.
    • No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    • You agree that you will not in any way use any device, software or other instrument to interfere, or attempt to interfere, with the Services, the proper working of the Website, or any information contained in the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website, or the information contained therein, or engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, for any reason whatsoever.
    • You may not use the Services or the Website to distribute material which is defamatory, offensive, contains, or amounts to, hate speech, or is otherwise unlawful.
    • You may not in any way display, publish, copy, print, post or otherwise use the Website, and/or the information contained therein, without the express prior written consent of an authorised Lite.IT representative.
  2. ERRORS
    • We will take reasonable efforts to accurately reflect the description, price and any other relevant information of the Services contained on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error save – in the case of any incorrect prices – to the extent of refunding you for any excess amount already paid.

PART B – PRIVACY POLICY

  1. DATA COLLECTION
    • By using the Services and/or registering on this Website, and/or by clicking accept, you expressly consent to Lite.IT collecting and processing the personal information which you provide to us. All personal information which you provide to Lite.IT will be collected and processed solely for the purposes set out in these Terms or otherwise agreed with you.
    • We may collect and process the following data about you:
      • information that you provide by registering on our Website and if you report a problem with our Website or the Services;
      • information that you provide in order to allow us to provide the Services;
      • if you contact us, we may keep a record of that correspondence;
      • we may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them;
      • details of transactions you carry out through our Website and of the fulfilment of your orders; and
      • details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
  1. DATA STORAGE
    • Any personal information which you give to Lite.IT will be treated as confidential and sensitive information, and Lite.IT will not disclose it to any third party without your prior written consent.
    • We will ensure that we have in place and continue to maintain appropriate and reasonable precautions and measures in accordance with the requirements of applicable laws to protect your personal information from being unlawfully accessed or processed by any third party. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
    • Personal information which you provide to us may be stored on servers outside of Mauritius. You consent to us to transfer any personal information provided to us outside of Mauritius for the purposes of providing this Website to you.
    • Different countries have different laws and rules regarding personally information, some of which provide more protection than others.
    • Should we transfer your personal information from one country to another country, we shall take reasonable and appropriate measures to protect such personal information.
  2. USES MADE OF THE INFORMATION
    • We may use information held about you in the following ways:
      • to ensure that content from our Website is presented in the most effective manner for you and for your computer;
      • managing your Account;
      • to provide you with information about products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
      • to carry out our obligations arising from any contracts entered into between you and us; and
      • to notify you about changes to our Website.
    • Where you have opened an account with us, you may be able to access, review, revise and update, or delete, certain personal information through your account. You may request (by email) that We update any information stored by Us relating to your account.
    • Any information you choose to provide should reflect how much you want others to know about you. Should you delete your account you will not be able to transact through the Website, unless you reregister.
  3. COMPLIANCE WITH LAWS AND LAW ENFORCEMENT REQUESTS
    • We will be entitled to disclose and share your personal information if it is required by law, regulation or a court order to do so, or in the case of a court action or application brought by you against Us or our agents, employees or third party service providers.
    • If we, acting in good faith, are of the view that the disclosure of your information is necessary to protect and/or defend our rights and/or property, or those of its clients, agents, employees or third party service providers, we shall be entitled to disclose such information.
  4. RETENTION OF INFORMATION
    • We will only keep your personal information for as long as your Account is active, or it is otherwise necessary to fulfil the purposes set out in this privacy policy, unless we are required or allowed in terms of any applicable law to retain such information. However, please note that access to information may be required for the use of the Website, and that if we do not have consent to use such information it may adversely impact your use of the Website.
  1. CHANGES TO OUR PRIVACY POLICY
    • Any changes we may make to our privacy policy in the future will be posted on the Website.
  1. COOKIES
    • This Website makes use of Cookies to provide you with relevant content and the best experience possible whilst using the Website. At any stage during your use of the Website you may choose to block the Cookies used by us. However, please note that disabling cookies may adversely impact your use of the Website and any services.
  1. ADVERTISING
    • You agree that we may use any email address provided to us by you for purposes of sending information on products or services which we think may be of interest to you.
    • You have the right to ask us not to process your personal data for marketing purposes and you may withdraw your consent from receiving these communications at any time by notifying us.
  2. ELECTRONIC COMMUNICATIONS
    • When you visit the Website or send emails to us, you consent to receiving communications from us electronically.
  1. TRANSFER OF BUSINESS
    • If the ownership of Lite.IT’s business or company changes, we may transfer your information to the new owner in order for the new owner to continue to operate the business or company.