Terms and Conditions

Welcome to Profitpoint Solutions (Pty) Ltd. Please read these terms of service (these “Terms“) carefully as they form a contract between you and the Profitpoint Solutions (Pty) Ltd entity listed in Section 17 of these Terms (“Profitpoint Solutions“, “we“, “us“, or “our“) that governs your access and use of: (i) the hosted storage solution provided by Profitpoint Solutions for online storage, sharing and processing of files, materials, data, text, audio, video, images or other content (collectively, “Content“); (ii) software provided or made available by Profitpoint Solutions (the “Software“); and, (iii) any written or electronic documentation provided or made available by Profitpoint Solutions (the “Documentation“) (collectively the “Service(s)“).


The reliability of Profitpoint Solutions’ online tools depends substantially on the accuracy of the data provided and processed.


Profitpoint Solutions (Pty) Ltd and its directors are not responsible for the online tools’ computation results obtained, nor any action and decision made by any persons using the information and the report(s) generated.


By using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising to Profitpoint Solutions that you have the authority to bind that organisation to these Terms (in which event, “you” and “your” will refer to that organisation) unless that organisation has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Profitpoint Solutions and are not barred under any applicable laws from doing so. 


IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICE. 


If you have any questions concerning this Agreement, please contact info@profitpointsolutions.com


Please note that Profitpoint Solutions doesn’t provide warranties for the Service. This contract also limits our liability to you. See Sections 14 and 16 for details.


  1. CHANGES TO THESE TERMS

We reserve the right to modify or replace these Terms at any time in our sole discretion. We will indicate at the top of these Terms the date these Terms were last updated. Any changes will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms). Therefore, we encourage you to check the date of these Terms whenever you visit www.profitpointsolutions.com (the “Site“) to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don’t agree to any of the changes, we’re not obligated to keep providing the Service, and you must cancel and stop using the Service.


  1. YOUR ACCOUNT

To obtain access to certain Services, you may be required to obtain an account with Profitpoint Solutions (become a “Registered User“), by completing a registration form and designating a user name and password. Until you apply for and are approved by Profitpoint Solutions to become a Registered User, in Profitpoint Solutions’ sole discretion, your access to the Service will be limited to the areas of the Service, if any, that Profitpoint Solutions makes available to the general public or permits its customers to make available unregistered users. When registering with Profitpoint Solutions you must: (a) provide true, accurate, acurrent and complete information about yourself as requested by the Service’s registration form (such information being the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Profitpoint Solutions may withdraw such approval at any time in its sole discretion, with or without cause.


  1. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering with Profitpoint Solutions, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding Profitpoint Solutions’ products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.


  1. SUSPENSION AND TERMINATION OF CUSTOMER’S USE OF THE SERVICE

You may stop using the Services at any time. We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Profitpoint Solutions to have legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If, in Profitpoint Solutions’ determination, the suspension might be indefinite and/or Profitpoint Solutions has elected to terminate your access to the Service, Profitpoint Solutions will use commercially reasonable efforts to notify you through the Service. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.


Upon termination by Profitpoint Solutions, for reasons other than cause, or at your direction, you may request access to your Content, which we will make available for an additional fee. You must make such request with thirty (30) days following termination. Otherwise, any Content you have stored with the Service may not be retrievable, and we will have no obligation to maintain any data stored in your account.

In addition to other termination provisions.

  1. UPDATES TO THE SERVICE

Profitpoint Solutions reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove any functionality or feature, and we may suspend or stop a Service altogether.



  1. PRIVACY

In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. We use and protect that information as described in the privacy policy located at https://www.profitpointsolutions.com/privacy-policy (“Privacy Policy“). You further acknowledge and agree that we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Profitpoint Solutions or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Profitpoint Solutions employees, customers, or the public.

We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms. The technology or other means we use may hinder or break your use of the Service.



  1. INDEMNIFICATION

To the extent permitted by law, You will defend Profitpoint Solutions against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service, in breach of these Terms: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Profitpoint Solutions’ actions); or, (b) violates applicable law or these Terms. Profitpoint Solutions will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.



  1. NOTICES

We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service. You may provide legal notices to us via email to info@profitpointsolutions.com, with a duplicate copy sent via registered mail, return receipt requested, to the following address: Profitpoint Solutions, Hove-to-Medical Centre, Suite 102, 18 Kommetjie Road, Fish Hoek, Cape Town, South Africa. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.



  1. PAYMENTS, CANCELLATIONS AND REFUNDS

The fees applicable for Service (“Fees“) are available at the Site and as published within the Service. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You’re responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Profitpoint Solutions quoted for your account. Profitpoint Solutions reserves the right to change the quoted currency at any time.

In addition to any Fees, you may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.

You must be authorised to use the payment method that you enter when you create a billing account. You authorise us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill: (a) at the time of purchase; or (d) on a recurring basis for the Services. Also, we may charge you up to the amount you’ve approved, and we’ll notify you in advance of the difference for any recurring Services. We may bill you simultaneously for more than one of your prior billing periods. Once we have informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term.

You must keep all information in your billing account current. You can access and modify your billing account information using the Administrative Panel. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel the Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

We’ll notify you in advance, either through the Service or to the email address you have most recently provided to us, if we change the price of the Service. If there’s a specific length and price for your Service offer, that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the new price. If your Service is on a period basis (for example, monthly) with no specific length, we’ll notify you of any price change at least 30 days in advance. If you don’t agree to these changes, you must cancel and stop using the Service.

Payments for Services are prepaid and are non-refundable. This includes accounts that are renewed. Users retain the responsibility for maintaining updated billing information. If not complied with a user’s account may be deactivated and all files will no longer be retrievable.


Webinar Cancellation Policy: 

In the event of a written notice of a cancellation of a paid webinar, no refund shall be permitted where the webinar notes have been sent to the delegate. In the event of a written notice of a cancellation of a paid webinar and the webinar notes have not been sent to the delegate, no refund shall be permitted but may be redeemed against any future webinar of the same fee structure and same time duration of the cancelled webinar within 90 (ninety) days from date of cancellation.




  1. INTELLECTUAL PROPERTY NOTICES

All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2019 Profitpoint Solutions, and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.

Specifically all contents of Valuation Input Sheets and Valuation Reports produced through the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2019 Profitpoint Solutions. All Rights Reserved.

Profitpoint Solutions and the Profitpoint Solutions logo are including without limitation, either trademarks, service marks or registered trademarks of Profitpoint Solutions, and may not be copied, imitated, or used, in whole or in part, without Profitpoint Solutions’ prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Profitpoint Solutions may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.


Last Updated on 01 February 2019