STANDARD TERMS AND CONDITIONS
- Introduction
1.1 Omnia Group (Pty) Ltd (“Omnia”), acting through its Bulk Mining Explosives division (“BME” or “we” or “our” or “us”) are offering you access to our internet platform (“Platform”) and use of our application (“Blasting Guide App”) to use for your own personal use without cost.
1.2 By accessing the Platform and/or downloading or using the App, you have irrevocable agreed that these terms (“Terms”) and our privacy policy will automatically apply to you. You should therefore read both these Terms and the Privacy Policy carefully before accessing the Platform and/or downloading or using the App.
- General Rules Relating To Conduct
2.1 To download, install, access or use the App, you must be 18 years of age or over. If you are under 18 and you wish to use download, install, access or use the App, you must get consent from your parent or guardian before doing so.
2.2 The Platform and/or App is made available for your own, personal use. The Platform and/or App must not be used for any illegal or unauthorised purpose. When you use the Platform/App, you must comply with all applicable laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
2.3 You agree that when using the Platform/App, you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
2.3.1 use the Platform/App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
2.3.2 attempt to gain unauthorised access to the Platform/App or any networks, servers or computer systems connected to the Platform/App; or
2.3.3 modify, adapt, translate or reverse engineer any part of the Platform/App or re-format or frame any portion of the pages comprising the Platform/App, save to the extent expressly permitted by these Terms or by law.
2.4 You agree to indemnify Omnia and its group of companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Platform/App otherwise than in accordance with these Terms, the Privacy Policy or Applicable Laws.
2.5 We operate the software underlying and required for your use of the Platform/App from various jurisdictions and it is possible that some downloads from the Platform/App could be subject to government export controls or other restrictions. If you download anything from or use the Platform/App, you represent that you are not subject to such controls or restrictions.
We make no representation that anything is appropriate, permissible or available for use in any jurisdiction, and using the Platform/App from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Platform/App, you do so on the basis that you are responsible for:
2.6 ensuring that what you are doing in that country is legal; and
2.7 the consequences and compliance by you with all Applicable Laws.
- Content
3.1 Subject to what is stated in the Privacy Policy in relation to your own “Personal Information”, the copyright in all material contained on, in, or available through the Platform/App including all information, data, text, music, sound, photographs, digital images, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Omnia or its group companies. All rights are reserved. You are entitled to view extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Omnia’s express permission or in accordance with the rules and functions of the Platform/App.
3.2 You hereby grant to us an irrevocable, royalty-free, worldwide, licence to use any material which you submit to us or the Platform/App for the purpose of use on the Platform/App or for generally marketing) of our services.
3.3 The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Platform/App are owned by Omnia or its group companies or third party partners of Omnia. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Omnia or the relevant group company or the relevant third-party partner of Omnia.
3.4 The Platform/App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, belong exclusively to Omnia.
3.5 You may not send the App on to anyone else, and you are not allowed to copy, or modify the Platform/App, any part of the Platform/App, or our Trade Marks in any way. You are not allowed to attempt to extract the source code of the Platform/App, and you may not attempt to translate the Platform/App into other languages, or make derivative versions of the Platform/App. However, you are encouraged to recommend the Platform/App to or to introduce others to the Platform/App to the extent that you believe they might find it to be of use to them.
- Availability Of The Platform/App, Security and Accuracy
4.1 We make no warranty that your access to the Platform/App will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions to the Platform/App.
4.2 We may change or update the Platform/App and anything described in that system without notice to you. If the need arises, we may suspend access to the Platform/App, or close it indefinitely.
4.3 Access to any part of the Platform/App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Platform/App for any reason. If we impose restrictions on you personally, you must not attempt to use the Platform/App under any other name or user or on any other mobile device.
4.4 We do not warrant that the Platform/App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform/App or your obtaining any material from, or as a result of using, the Platform/App. We shall also not be liable for the actions of third parties.
4.5 Omnia further cannot be held responsible for security breaches occurring on your electronic device (personal computer or other electronic device used to access the Platform/App) which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device.
- Links To Third Parties
5.1 The Platform/App may contain links to websites operated by third parties (“Third Party Websites“). Omnia may monetise some of these links through the use of third-party affiliate programmes.
5.2 Notwithstanding such affiliate programmes, Omnia does not have any influence or control over any such Third-Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third-Party Websites or their availability or contents.
- Privacy Policy
6.1 We take your privacy very seriously. We process information about you in accordance with our Privacy Policy. By using the Platform/App, you consent to such processing and you warrant that all data provided by you is accurate. Omnia will only use your “Personal Information” in accordance with the terms of our Privacy Policy.
6.2 By using the Platform/App and/or purchasing Premium Products, you acknowledge and agree that you have read and accept the terms of our Privacy Policy and these Terms.
- Disclaimer / Liability
7.1 Use of the Platform/App is wholly at your own risk. The Platform/App is provided on an “as is” basis. To the maximum extent permitted by law: (i) Omnia disclaims all liability whatsoever, whether arising in contract, delict (including negligence) or otherwise in relation to the Platform/App; and (ii) all implied warranties, terms and conditions relating to the Platform/App (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Omnia and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Platform/App; or any damage or injury to users or their equipment as a result of or relating to their use of the Platform/App.
Your statutory rights are not affected.
7.2 Omnia will not be liable, in contract, delict (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Platform/App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
7.3 We make no representation or warranty, express or implied, that information and materials on the Platform/App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
7.4 You assume sole responsibility for results obtained from the use of the Platform/App, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Platform/App, or any actions taken by us at your direction.
7.5 You agree to comply at all times with any instructions for use of the Platform/App which we make from time to time.
7.6 Nothing in these Terms shall be construed as excluding or limiting the liability of Omnia or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Applicable Law.
- Your Representations And Warranties
You represent and warrant that (i) your use of the Platform/App will be in strict accordance with these Terms and with all Applicable Laws, including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online
conduct and acceptable content, and regarding the transmission of technical data exported from the country in which you reside and (ii) your use of the Platform/App will not infringe or misappropriate the intellectual property rights of any third party.
- Changes To Terms
We reserve the right to change these Terms at any time without notice to you by updating the Platform/App to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Platform/App after changes are posted constitutes your acceptance of the amended Terms. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Omnia.
- General
10.1 These Terms, read together with the Privacy Policy, constitute the whole agreement between you and Omnia concerning your use of the Platform/App
10.2 These Terms shall be governed by and construed in accordance with South African law and
you agree to submit to the exclusive jurisdiction of the South African courts.
10.3 If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
10.4 Omnia’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Omnia in writing.
10.5 Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits for any person other than you, Omnia and its group of companies. Omnia shall be entitled at any time on notice to you to cede and assign any of its rights and obligations in these Terms to any other company within Omnia’s group of companies.
10.6 These Terms were most recently updated in January 2020.
