Terms and Conditions

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. OVERVIEW

    The SharePoint Vitals website (“Site”) is owned and operated by Geldenhuys and Tarr Pty Ltd (“GTconsult”). These Terms of Use (“Terms of Use”) set forth the terms and conditions of your use of the Site and the products and services (individually and collectively, the “Services”) found at this Site.

    Your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use. GTconsult may change these Terms of Use at any time (including any additional Terms). If GTconsult changes the Terms of Use, GTconsult will post an updated set of terms and conditions of use on this Site with a change notice and GTconsult may send registered users an email notice of the changes.

    If any modification is unacceptable to You, You shall cease using this Site and the Services. If You do not cease using this Site and the Services, You will be conclusively deemed to have accepted the change.

  2. AUTHORITY AND ELIGIBILITY

    This Site and the Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, You represent and warrant that You are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. If You are agreeing to this Agreement on behalf of a corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to this Agreement.

    If GTconsult finds that You do not have the legal authority to bind such corporate entity, You will be personally responsible for the obligations contained in this Agreement. GTconsult shall not be liable for any loss or damage resulting from GTconsult’ reliance on any instruction, notice, document or communication reasonably believed by GTconsult to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, GTconsult reserves the right (but undertakes no duty) to require additional authentication from You.

  3. ACCOUNTS

    In order to access some of the features of this Site or use some of the Services found at this Site, You will have to create an account (an “Account”). You represent and warrant to GTconsult that all information You submit when you create your Account is accurate, current and complete, and that You will keep Your Account information accurate, current and complete. If GTconsult has reason to believe that Your Account information is untrue, inaccurate, out-of-date or incomplete, GTconsult reserves the right, in its sole and absolute discretion, to suspend or terminate Your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your user password, and payment methods(s). You must notify GTconsult immediately of any breach of security or unauthorized use of Your Account. GTconsult will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss GTconsult or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person.

  4. RULES OF CONDUCT

    All information, data, text, images, payment information, reports, messages or other materials communicated or transmitted using the Site or the Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. You, and not GTconsult, are responsible for all content that You upload, post, email, distribute, communicate, transmit or otherwise make available using the Services or that is otherwise made available through the use of Your account, whether or not authorized by You, and by using the Site and the Services, You may be exposed to content that is inaccurate, unlawful, harmful, offensive, or otherwise objectionable. You acknowledge and agree that GTconsult does not control the content provided by the Site and Services and does not guarantee the accuracy, integrity, or quality of the content. You agree that You will not use this Site or the Services found at this Site in a manner that:

    1. Is illegal, or promotes or encourages illegal activity;
    2. Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
    3. Promotes, encourages or engages in child pornography or the exploitation of children;
    4. Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
    5. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    6. Infringes on the intellectual property rights of another user or any other person or entity;
    7. Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that You owe to another user or any other person or entity;
    8. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.

    GTconsult reserves the right to suspend or terminate Your use of the Site for any violation of the above Rules of Conduct. GTconsult also reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation, Services, prices, and/or fees for the same, at any time.

  5. LINKS TO THIRD-PARTY WEBSITES

    This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by GTconsult. GTconsult assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. By using this Site or the Services found at this Site, You expressly release GTconsult from any and all liability arising from your use of any third-party website.

  6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” GTCONSULT, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. GTCONSULT, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND GTCONSULT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

    IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GTCONSULT, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE, OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND ALL USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

    THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

  7. INDEMNITY

    You shall indemnify, defend and hold harmless GTconsult, its past and present directors, affiliates, partners, officers, employees, representatives, and agents, from and against all liabilities, damages and expenses, and claims for damages, suits, proceedings, recoveries, judgments or executions (including but not limited to litigation costs, expenses, and reasonable attorneys’ fees) from: (i) Your use of and access to this Site or the Services found at this Site; (ii) Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; (iii) Your performance or failure to perform, or improper performance of any of Your obligations under these Terms of Use; and/or (iv) Your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or Your use of this Site or the Services found at this Site.

  8. LIMITATION ON LIABILITY

    In no event will GTconsult be liable for any consequential, indirect, direct, exemplary, special, punitive, or incidental damages, including any lost data and lost profits, arising from or relating to Your use of the Site, Services, subscriptions, or software found at the Site.

  9. FEES and PAYMENTS

    You agree to pay GTconsult any fees for each Service or Product you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Fees paid by you are non-refundable, expect as provided in these Terms or when required by law.

    If GTconsult invoices You for any fees for Services under this Site, You agree and shall pay all fees and other charges within fifteen (15) days of the date of each invoice. Provided that the invoice is timely received, in the event that You fail to pay within fifteen (15) days of an Invoice, GTconsult may levy a late payment charge computed at the rate of 1 1/2% per month on the outstanding balance due hereunder from any month or fraction thereof that such payment is in default. GTconsult reserves the right to increase any charge or fee on the Site upon not less than fifteen (15) days prior written notice.

    Our software is billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”. Billing cycles are typically monthly or annual, depending on what the subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renew by contacting our customer support team.

  10. REFUNDS

    All sales through the Site of GTconsult Services are final. If technical problems prevent or unreasonably delay access to GTconsult Services, the exclusive and sole remedy is either replacement or refund of the price paid, as determined by GTconsult management.

  11. PRIVACY

    GTconsult’ Privacy Policy is found at https://www.sharepointvitals.com/policy.html. This Privacy Policy provides information about what information is collected via the GTconsult Site and the ways in which GTconsult and GTconsult users use that personal information.

  12. TAXES AND LEGAL CONSEQUENCES

    In the event that the sale or delivery of GTconsult Services are subject to any sales, use, goods and services, value added, or similar tax, under applicable law, responsibility for the collection and remittance of the tax for such sales is your sole responsibility. You shall indemnify and hold GTconsult harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy and any penalties and/or interest thereon. The relationship between you and GTconsult may have legal and/or tax consequences for you. You acknowledge and agree that it is your responsibility to consult with your own legal and tax advisors with respect to your legal and tax obligations.

  13. CONTACT

    All notices, requests, demands or other communications hereunder shall be in writing, hand delivered, sent by first class mail, or overnight mail, or confirmed facsimile (upon electronic confirmation that the transmission was received) and shall be deemed to have been given when received at the following addresses: GTconsult 20 Old Main Road, Hillcrest, Kwazulu Natal, South Africa, 3610 https://www.gtconsult.com/contact-us/