Documentation

Umbani Software Privacy Policy – Summary

(Version: 1.0)

1. Summary

We respect your privacy. This is a summary of our privacy policy and contains the most important and relevant points for you. You can read the full privacy policy here.

2. Collection

We collect certain information:

• on registration;
• when you make use of our services, necessary to provide the service to you;
• from your web browser;
• from cookies we may send to your computer and from web beacons on our website to track how you use our website and to try and give you a personalised experience; and
• optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.

3. Use

We may use your information:

• to send you administrative messages and email updates to you regarding the website;
• for marketing purposes;
• targeted content in certain, specified instances.

4. Disclosure

We might disclose your information in the specific circumstances mentioned in this policy.

5. Your choices

You can turn off cookies in your browser; or You can opt-out of marketing communications with us.

6. Contact us

You can contact us with privacy related questions at info@umbani.com .

Umbani Software Privacy and Security Policy

This privacy policy sets out how Umbani Software uses and protects any information that you give Umbani Software when you use this website. Umbani Software is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified, when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Umbani Software may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

• Company Name, Physical & Postal Address and VAT Number, if required, for generation of an Invoice to supply a License Key
• Contact Name(s), Job Title(s), email addresses and Telephone Numbers
• Other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping and Invoice Generation.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• To allow you access to limited-entry areas of our site as appropriate
• Contact information is used for validation to ensure that the correct channels are followed with respect to support calls and product enhancement requests.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to improve the product and services that we offer.

Umbani Software may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to:

• Conform to the edicts of the law or comply with legal process served on Umbani Software or its sites.
• Protect and defend the rights or property of Umbani Software and its web sites/applications.

Your information may be stored and processed in South Africa or any other country in which Umbani Software maintains facilities, and by using this site you consent to the transfer of information outside of your country.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. For use of restricted areas of our web site, and for access to our applications, we provide a framework, allowing users to create password protected accounts, with administrators managing the rights and roles of created accounts. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of data.

Use of Cookies

Umbani Software does not use cookies on our websites or applications.

Links to other websites

Our websites may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. At any point in time you are welcome to update your personal information by accessing your profile and unsubscribe email notifications of any marketing emails. Umbani Software may send out periodic emails with respect to technical or security issues related to a product or service you requested or confirming that you have made a request for a specific product or service. These emails are considered essential, and you will not be able to choose to unsubscribe to these mailings. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Changes to this Statement

Umbani Software will occasionally update this privacy and security statement and will update the last updated date at the top of each page.

Contact Information

Umbani Software welcomes your comments regarding this privacy and security statement. Please contact ourselves via email or by using any of the feedback areas of our websites. Email – info@umbani.com

Umbani Software End User Terms and Conditions

Please read these terms of use carefully before you start to use any of Umbani Software’s Products or Services. By using any of Umbani Software’s Products or services, you indicate that you accept these Terms and Conditions of Use contained herein and the Privacy Statement, as shown on our sites and that you agree to abide by them. If you do not agree to these terms of use or Privacy Statement, please refrain from using our products, web sites and services.

Information about us

Umbani Software cc being a company registered in South Africa, registration number CK1992/020355/23. Our registered office is 39 Miles Sharp Street, Rynfield, 1501, Gauteng, South Africa, Postal is PO Box 1366, Benoni 1500, Gauteng South Africa.

Umbani software’s products and services

Umbani Software’s Products and Services are comprised of various software applications, web pages, and support services, both remote and on-site, comprising of software, network and hardware, supplied by Umbani Software, including all of our technical expertise, designs, user interfaces, algorithms and other tangible and intangible material or information.

Umbani product or service user

User(s) means the person who accesses, requests or uses our products, sites or services, as such, by using the login portal, ordering or utilising our services, will constitute an acceptance of conditions and terms of use. If the user is entering into this agreement on behalf of a company, or other legal entity, then the user warrants that they have the authority to bind, such entity, to these terms and conditions.

Reliance On Information Posted & Disclaimer

The materials contained on our sites are provided for general information purposes only and do not claim to be, or constitute legal, or other professional advice, and shall not be relied upon as such. We do not accept any responsibility, for any loss, which may arise from accessing or reliance on the information, on these sites, and to the fullest extent permitted by South African law, we exclude all liability for loss or damages, direct or indirect, arising from use of these sites, products or services.

Accessing our sites

Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw, or amend the products and services, we provide on our sites, without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights

We are the owner, or the licensee of all intellectual property rights, in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status, and that of any identified contributors, as the authors, of material on our site, must always be acknowledged. You must not use any part of the materials, on our site for commercial purposes, without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach, of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Umbani Software alone, shall own all right, title and interest, including intellectual property rights, in and to Umbani Software’s Products and Services. These terms and conditions do not constitute a sale, and do not convey to the user any rights of ownership of any products, or services, of Umbani Software. The Umbani logo and product names associated with any of Umbani Software’s products or services are trademarks of Umbani Software or third parties and no right or licence is granted to use them. The user acknowledges that the intellectual property, from customisation, to any of our existing products or any bespoke development work, conducted on behalf of a client, remains the property of Umbani Software cc at all times.

Terms of Product or Service Use

A licence for the usage of Umbani Products or services, will be issued on receipt of an official order, for the relevant product or service, in the designated number of user accounts if applicable. These user accounts are issued, on the condition, that the users accept the licence terms and conditions of service on account creation. Subsequent logins will display the Terms and condition link, for them to review at regular intervals as Umbani Software reserves the right to change the terms, conditions and notices under which Umbani Software Products or services are offered, including but not limited to changes associated with their use. The user is responsible for regularly reviewing these as posted on Umbani Software’s web sites or products and the continued use of Umbani Software’s Products or services constitutes the agreement to all such terms, conditions and notices. Use of a specific Umbani Software Product or Service mat be subject to other terms, conditions, codes of conduct or guidelines outlined elsewhere, and in the case of conflict then the terms of this agreement shall control.

User account password and security

To utilise any of Umbani Software’s Products or services, the user will be responsible for creating a user account where applicable, which then has to be approved by a defined responsible person with the relevant organisation. On creation of a user account the user must accept the licence terms and conditions of Umbani Software as well as any specific terms and conditions for the applicable product or service. The users registration for, or use of, the relevant Umbani Software’s Product or service, constitutes the users agreement to all such terms, conditions and notices. The user is responsible for maintaining the confidentiality of the user login name and password to the created account, and is responsible for all activities which occur under its user account, and shall abide by any applicable local, province, state, national or foreign laws in connection with the use of Umbani Software’s Products or services. These include those related to data security, privacy and transmission of any personal or technical data.

Use of products or services

Umbani Software grants registered users the right to use the applicable product or service, which is non-transferable and each enabled user constitutes an individual user account of the applicable product or service, solely for the users own internal business purposes subject to the licence terms and conditions.

Limitations on use

The user agrees that they will not:- 1. Reverse engineer or attempt to access any Umbani Software Product or Services. 2. Upload files that contain any material that is protected by any other entities, intellectual property or copyright laws, unless the user owns the rights or has the necessary permissions in writing. 3. Upload files that may damage other users or Umbani Software’s systems, these files include any malicious software, viruses or derivatives of such. The user must ensure that all necessary anti-virus and internet security is available, and up to date at all times. 4. Upload any defamatory, restricted or illegal material/files. Umbani Software does not monitor or check individual user entries and file uploads, and the onus is on the relevant user, or user’s organisation to monitor, and take corrective action where necessary.

Data

The user has the sole responsibility for the accuracy, quality and legality, of data entered into any of Umbani Software’s Products or Services, and Umbani Software is not responsible or liable in any way, for the failure to save data or for any deletion, or editing, of submitted data or attachments/files. The user acknowledges that should any service be terminated for whatever reason, Umbani Software will provide, on request, within 30 days, a copy of the users data file. If no request is made then Umbani will be under no obligation to retain this data past the 30 day period after notice of termination.

Support

The user may obtain assistance for any of Umbani Software’s products or services, by contacting Umbani Software via Telephone, email or direct entry of the request into the Help Desk System (To use the Help Desk system the user must first request and create an account – details can be obtained from Umbani on how to do this). Details of support in respect to MTsys can be found in the SLA (Service Level Agreement). It is the user’s responsibility to ensure that all necessary infrastructure to utilise Umbani Software’s Products or services are available and maintained i.e. Internet connection, Operating system, Computer Hardware, Software and peripherals.

Internet Delays & Performance

Umbani Software’s Products and Services may be subject to delays and downtime due to internet and other electronic communication problems. Umbani Software is not responsible for any delays, delivery failures or other tangible, or intangible, damages, resulting from any such problems.

Our sites changes regularly

We aim to update our sites regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close them indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. Notifications of customisation updates will be communicated to the relevant user requesting such change, and an entry will be noted in the relevant product history page where applicable.

Our liability

The Umbani Product or Service is supplied without warranty of any kind, either, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Umbani Software does not warrant or guarantee that the use of its products or services will be secure, uninterrupted or error free, and that the specific product or service will operate in combination with any other hardware, software or associated systems. Umbani Software does not warrant that any stored data will be accurate or reliable. Umbani Software does not warrant or guarantee that any servers where our products, or services, are hosted are free of malicious software, virus or any other form or harmful components. Umbani Software does not warrant that any of our Products or Services will meet the user’s requirements, the responsibility for checking that all requirements and expectations are meet being solely with the user. In no event will Umbani Software be liable for any damages, of any sort, including direct, indirect, incidental or consequential damages, arising out of the use, or inability, to use the product or service, and any alterations, updates, enhancements or the inability to perform as per requirements or expectations, as well as the availability of the product or service. In no event will Umbani Software be liable for any damages related to loss of use, data or profits arising from, or in any way connected to, the use or performance of any of Umbani Software’s products or services. This includes the accuracy and quality of any extracted data whether in electronic or hardcopy format.

Pricing

Umbani Software offers various products or services, cost of which will be provided on request, but these fall into the following categories:- Support – Telephonic, email, on-site and remote support is available and specific products and services come with free telephonic, email and remote support via the internet. On-Site support is chargeable at Umbani Software’s current support rate. Training – Training services are provided and these will be quoted upon on request for the relevant product or service. Customisation/Bespoke – If customisation/development is required then the requirements would be documented and quoted upon. On receipt of an official company order, the customisation/development would be completed, system updated and documentation emailed to the customer. All rights associated with customisation/development, are retained by Umbani Software cc, and will be incorporated into the relevant system, and the customer acknowledges that intellectual property, always resides with Umbani Software cc. Note: Customisation which would affect the core functionality of an existing will not be conducted. Hosting – Hosting of products or services are charged as per the current rate and are dependent on bandwidth and disk storage space utilised. User Licences – User licences are issued by the way of keys and can be supplied as a monthly, quarterly or annual licence, and include details of expiry date and number of user accounts allowed. Within 30 days of expiration of the relevant licence, the system will notify the relevant system administrators, and on expiration the functionality will be reduced. On exceeding the supplied user account number, for enabled users, the system will prompt the system administrators, and system functionality will be reduced until enabled users are within the user licence limit or a new licence key has been obtained.

Licence Expiry or Breach

On licence expiry, the user must either purchase a new key or cease using the system. For 30 days after licence expiry the system will continue to operate but with reduced functionality, after which it will be suspended. If the number of enabled user accounts exceeds the supplied licence key then the system will only operate with reduced functionality until the user either disables users to the licenced user account limit or purchases a new key – New keys would be issued with just the user account number changed and would be charged pro-rata, rounded up to the nearest remaining month i.e. if three and a half months left then the user would be charged for 4 months of the difference in user account charges.

Limitation of liability

In no event will Umbani Software be liable for any aggregate liability exceeding the amount actually paid for the product or service over the current licence period i.e. annual, quarterly or monthly, and will be limited to the remaining period on a pro-rata basis. Under no circumstances will Umbani Software be liable, to the user, or any other third party for any punitive, special, exemplary, incidental, consequential, or other damages of any type or kind, including loss of data, revenue, profits, use or any other form of economic advantage arising out of the use or inability to use the relevant Umbani Software Product or Service, regardless of the cause, being service interruption, inaccuracy, error or omission. If the user is dissatisfied with any of Umbani Software’s Products or services, or with any of these terms and conditions then the user’s sole and exclusive remedy is to discontinue using the relevant product or service.

Notice Of Discontinuation

The user may give notice of discontinuation of use of a product or service of Umbani Software via letter or email. Discontinuation will be subject to the relevant notice period or 30 days if not specified, for an individual product or service of Umbani Software. Umbani Software can give immediate notice of termination of product or service on breach of terms and conditions, or failure to pay for Umbani Software’s products or services.

Information about you and your visits to our sites

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, Trojan’s, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the applicable Computer Misuse Act. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our sites

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies, to ensure compliance and determine how they may use your information.

Jurisdiction and applicable law

The South African courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our sites. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our sites, please contact info@umbani.com.