WEBSITE TERMS AND CONDITIONS OF USE

1. TERMS AND CONDITIONS OF USE

   1. This document outlines the terms and conditions for utilizing our website or any other electronic platform under our ownership, referred to here as “Our website” or simply “the website,” governing your usage thereof.
   2. We refer to ourselves in this document as “we”, “us, “our” or the “Company”.
   3. Our website is used for marketing, information, and other purposes.
   4. If anyone accessing the website (referred to as “you” or “user”) disagrees with any of the Terms, they should avoid accessing the website and/or using our services.
   5. If you are below 18 years old, you need to get prior approval, permission, and consent from your parents or legal guardians before agreeing to these Terms and making any purchases of products or services.
   6. The Company retains the authority, at its sole discretion, to modify and/or substitute any part or the entirety of the Terms. These modifications will override and replace any prior Terms and will be accessible on our website.
   7. Every instance a user visits our website or utilizes the services, they are considered to have agreed, through such visit or usage, to the Terms, as updated or substituted by the Company periodically. Should you disagree with the revised Terms, it is advisable to abstain from using the website.
   8. The gathering of your personal information is governed by our privacy policy (“Privacy Policy“), which is accessible on our website and may be reviewed periodically.
   9. Our products and/or services may be governed by distinct sales Terms and Conditions (“T’s&C’s”), which are also available for access and/or review.
      1. From time to time via our website or as part of our products or services, we may provide you with updates.
   10. If any aspects of these Terms are unclear to you, please reach out to us promptly for clarification.

2. CONTENT OF THE WEBSITE

   1. The Company retains the authority to enhance, modify, or cease any aspect or feature of the website, as well as any information or content therein, without prior notice.
   2. The Company retains the authority to modify and adjust the products, prices, and rates listed on the website periodically, without prior notice.
   3. The Company may enlist third-party services to furnish information on the website. The Company lacks control over this information and does not assert any guarantees regarding its accuracy, suitability, or validity. By accessing such information, the user acknowledges that it is provided “as is” and agrees that neither the Company nor its online partners are accountable for any losses or damages resulting from the user’s reliance on it, regardless of how they occur.
   4. The Company does not provide any assurances or guarantees, whether explicit or implicit, regarding the accuracy, entirety, or dependability of any information, data, and/or content found on the website, including but not limited to:
      1. The Company cannot guarantee that the websites or the information and downloads provided will be free of errors or meet specific standards of performance or quality. The Company explicitly denies any implied warranties, such as those concerning merchantability, suitability for a particular purpose, non-infringement, compatibility, security, and accuracy;
      2. Although the Company has made efforts to safeguard the integrity of the website and its contents, there is no guarantee, either express or implied, that any files, downloads, or applications accessible through the website are devoid of viruses or any other data or code capable of corrupting, damaging, or impacting the user’s system; and
      3. The Company denies any responsibility for verifying claims. The information posted on the website may be presented in the format received by the Company, and statements from external parties are taken as true.

3. LINKED THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT

   1. The Company may include links to third-party websites on our website. These links are solely for the user’s convenience, and the Company neither endorses nor implies endorsement of such websites, their owners, licensees, administrators, content, or security practices and operations.
   2. While the Company endeavours to exclusively link to trustworthy websites or online partners, it cannot assume responsibility or liability for the content found on external websites. Linked websites or pages are beyond the Company’s control. Therefore, the Company disclaims any responsibility and does not offer warranties or representations regarding the privacy policies or practices of linked or third-party websites advertised on our website.
   3. By accepting, you acknowledge that the Company bears no responsibility, whether directly or indirectly, for the content of linked websites or any issues related to their use, accessibility, or functionality. This includes any losses or damages arising from interactions with or the presence of third-party websites linked to our website. Any transactions or engagements with linked websites, including those of advertisers, are exclusively your responsibility and that of the third-party website.
   4. This website includes hyperlinks to external websites or web addresses. These external websites are separate entities and are not affiliated with our company. We do not assume responsibility for the content found on external websites.

4. USAGE RESTRICTIONS

   The user hereby agrees that it shall not itself nor through a third party do the following:

   1. Copying (except for backup, or disaster recovery purposes), reproducing, translating, adapting, altering, modifying, leasing, licensing, sublicensing, encumbering, or otherwise handling any portion of the website for any purpose and in any manner unless it aligns with the intent and purpose outlined in these Terms;
   2. Engaging in the decompilation, disassembly, or reverse engineering of any aspect of the website;
   3. Generating or devising any iteration of the website or any software application derived from the website;
   4. If a user alters or enhances the website in violation of the terms specified in this clause, said modifications and improvements will be owned by the Company;
   5. Remove any identification, trademark, copyright, or other notices from the website;
   6. Share or send via reviews, comments, suggestions, ideas, questions, or any other means on the website, any content that is illegal, detrimental, threatening, abusive, harassing, libelous, vulgar, indecent, sexually explicit, offensive, profane, or hateful, or any content that is racially, ethnically, or otherwise objectionable.
   7. Despite anything stated to the contrary in these Terms, refrain from using the Sites for any purpose other than personal, non-commercial, and informational uses.

5. SECURITY

   1. To ensure the security and reliable operation of services for all Company users, the Company reserves the authority to implement any necessary measures to maintain the security, integrity, and dependability of its network and back-office applications.
   2. Using the website in a manner that may compromise the security of the Company’s networks or disrupt the functionality of the website is explicitly forbidden. This encompasses unauthorized access attempts and the transmission or attempted transmission of any unauthorized, harmful, or malicious code to the website. Any person or organization discovered engaging in such activities, or attempting to do so, will be subject to legal action. Furthermore, in the event that the Company suffers any harm or loss, it retains the authority to seek compensation through civil proceedings against the accountable user.
   3. Any person found participating in any of the violations detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), particularly sections 85 to 88 (inclusive), will be accountable for any resulting liability, loss, or damages experienced by the Company, its affiliates, agents, and/or partners, irrespective of criminal charges.

6. INTELLECTUAL PROPERTY RIGHTS

   1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
      1. “Intellectual property rights” means all and any of the rights in and to the intellectual property of any nature whatsoever owned and/or
      2. The Company maintains direct control or licensing over all its assets, present or future, encompassing its technology, inventions (whether patented or not), source code, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents, copyrights, and other similar proprietary rights, regardless of registration status and jurisdiction.
   2. The Company owns or holds licenses for all copyright and intellectual property rights associated with the content, trademarks, software, data, and materials available on or through the website, collectively referred to as “proprietary material.” This includes but is not limited to logos, databases, text, graphics, icons, confidential information, designs, agreements, and multimedia works. Such proprietary material is safeguarded from infringement by both local and international laws and treaties.
   3. By providing reviews, comments, or any other content (excluding personal information) to the Company for publication on the website, you automatically authorize the Company and its affiliates to utilize, reproduce, publish, translate, sublicense, copy, and distribute said content globally, either in whole or in part, perpetually and irrevocably. This includes incorporating it into other works in any known or future form, media, or technology, for the entire duration of any copyright associated with the content. However, you still maintain any rights that may pertain to such content, subject to this authorization.
   4. All rights not explicitly granted are retained, and no ownership, title, or stake in any proprietary material or information found within the website is conferred upon you.
   5. Without the Company’s explicit written consent, it is prohibited to copy or retransmit any proprietary material from the website.
   6. Regardless of copyright status, the user acknowledges that the Company owns all content on the website (except where a third party is indicated as the owner), whether it’s considered confidential information or not, and the user has no claim, ownership, or interest in any of this material.

7. RISK, LIMITATION OF LIABILITY AND INDEMNITY

   1. The user bears full responsibility for their use of our website and any information therein, accepting all associated risks and potential losses entirely at their own discretion.
   2. Sending information over the internet, such as via email, can be monitored and intercepted. Users assume all risks associated with transmitting information in this manner. The Company will not be held liable for any loss, harm, or damage suffered by the user as a result. Additionally, the Company reserves the right to request independent verification of any emailed information, and users consent to such verification if deemed necessary by the Company.
   3. To the extent permissible by law:
      1. The Company, along with its affiliates, shareholders, agents, consultants, resources, and employees, will not be held accountable for any form of damages, including but not limited to direct, indirect, special, incidental, consequential, or punitive damages, regardless of how they arise (whether through contract, statute, negligence, or any other means), in connection with the utilization of, or the inability to access or use the content of the website or any of its features, or the information presented on the website, or any linked website, even if the Company is aware or should reasonably be aware of such potential damages, or is expressly advised of them.
      2. The Company’s responsibility for any errors in the website’s operation and any resulting damages to the user, whether direct or indirect, is limited to rectifying the issues within a reasonable timeframe and at no cost, provided that the Company is promptly notified of the problem. This responsibility is void and explicitly excluded if the user attempts to fix the website or allows third parties to do so without the Company’s prior written consent. However, under no circumstances shall the Company be held accountable to the user for profit loss or any special, incidental, consequential, or punitive damages resulting from the use of our website, including their delivery, installation, maintenance, performance, or use in conjunction with other software.
      3. By agreeing to this, you unconditionally and irrevocably agree to indemnify the Company, ensuring that the Company is held harmless from any and all losses, damages, claims, or costs, of any kind, that the Company may suffer or incur, whether directly or indirectly, due to:
         1. your use of our website;
         2. Software, programs, and support services accessed, acquired, or altered by you or any third party without the Company’s consent or awareness;
         3. Your inability to adhere to any of the Terms or any additional requirements that the Company may stipulate periodically;
         4. The actions or stipulations set forth by any telecommunications regulatory body or provider of telecommunications services or software; or
         5. Any service unavailability or interruption that falls outside the Company’s control.
      4. The Company does not provide any guarantee or assurance regarding the availability, accuracy, or completeness of the content on the website. By using the Company’s information, you explicitly relinquish any rights you may have against the Company for any loss or damage incurred due to incorrect, incomplete, or inaccurate information provided by the Company.

8. THE COMPANY PRIVACY STATEMENT

   1. The Company values your privacy and is dedicated to safeguarding your personal information. We utilize the personal data we gather from you by our Privacy Statement, which can be accessed and viewed on our official websites. This statement is an integral part of and is incorporated into these Terms as if expressly stated herein.
   2. By accessing our websites, products, services, and/or apps, you acknowledge your agreement to our collection and utilization of your personal information according to the guidelines outlined in our Privacy Statement. Additionally, you may also be bound by our Privacy Statement, which can be found on our official website.

9. CONFIDENTIALITY

   1. When you subscribe or provide your information as a user, you are consenting to keep all acquired information regarding the Company’s products and/or services strictly confidential and not sharing it with any third party. If you become aware of any unauthorized disclosure or loss of this information, you must promptly notify the Company.
   2. Unless there is a written agreement between the user and the Company stating otherwise, any information or material submitted to the Company will not be considered confidential.

10. BREACH OR CANCELLATION BY SERVICE PROVIDER

    1. The Company reserves the right, without prior notice, and alongside any other legal recourse available under these Terms or by law, such as seeking an injunction, to terminate these Terms, or restrict or deny the user access to the website, products, and services. The Company may also demand fulfillment of any obligation, regardless of whether the due date for performance has passed. This action is taken without waiving the Company’s right to seek damages, should the user:
       1. breach any of these Terms;
       2. in the sole discretion of the Company, use the website in an unauthorised manner; or
       3. infringe any statute, regulation, ordinance, or law.
    2. Violation of these Terms grants the Company the right to revoke your access to our website and/or pursue legal action deemed necessary to safeguard its rights and interests, without prior notification to the user. By accessing our website, the user consents to reimbursing the Company for any associated legal expenses on a scale determined by attorney and client agreement.

11. COMPLIANCE WITH LAWS

    You shall adhere to all relevant laws, statutes, ordinances, and regulations in relation to your usage of and access to our website.

12. NOTICES

    Unless explicitly stated otherwise, notifications will be sent via email to the designated email address or contact details provided on our official website (the Company) or to the email address you have provided (), or to any other specified address. Notification will be considered delivered 48 hours after sending unless the sender is notified of an invalid email address. Alternatively, the Company may send you a notification via registered mail with postage prepaid and return receipt requested to the address provided by you. In this case, notification will be considered delivered 7 days after the mailing date. You acknowledge that all required agreements, notifications, or communications under the law or these Terms may be delivered electronically and will be considered “in writing”. Despite any contrary provision, a written notice or communication received by a party will be considered adequate, even if it was not sent to or delivered at the party’s chosen address(es) for that purpose.

13. GENERAL CLAUSES

    1. These Terms will be subject to the laws of the country where our headquarters, as indicated on our website (“Our Domicilium”), are located.
    2. The Company administers and operates our website from its headquarters. It does not assert that the content of the website is suitable or accessible outside of our Domicilium. Accessing the website from regions where the content is unlawful is forbidden. Users must not utilize the website in contravention of our Domicilium’s laws or any export regulations. Should a user access the website from locations beyond our Domicilium, they are accountable for adhering to all pertinent local statutes.
    3. The Company cannot ensure constant, uninterrupted, or secure access to our services, as the operation of our website may be disrupted by various factors beyond our control.
    4. If any part of these Terms is deemed illegal, invalid, or unenforceable for any reason, that specific provision will be deemed to be removed from these Terms, and the rest of the provisions will be upheld to the fullest extent permitted by law.
    5. The failure of the Company to take action regarding a breach by you or others does not imply a waiver of our right to address subsequent or similar breaches.
    6. You may not transfer, assign, or delegate your rights or obligations under these Terms to any third party without obtaining the Company’s prior written consent.
    7. Neither party will be obligated by any express or implied provision, representation, warranty, commitment, or similar aspect not documented in this agreement, regardless of whether it influenced the contract and/or whether it was due to negligence or not.
    8. The user must obtain written consent from the Company before attempting to engage with any of its employees, agents, or subcontractors.
    9. The headings preceding each section of these Terms are provided solely for reference and do not impact the understanding of the associated provisions in any way.
    10. Terms referring to the singular shall encompass the plural and vice versa, and terms denoting the masculine gender shall encompass any other gender. Additionally, terms indicating individuals shall encompass partnerships, corporations, and unincorporated entities.
    11. These terms establish the complete understanding and agreement between the Company and you regarding the subject matter discussed herein.
    12. If you have any questions, concerns, or feedback regarding these terms or any other aspect of our services, please don’t hesitate to contact us at legal@polarbear.digital.