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Terms of Service

Effective date: 10 February 2025 · Last updated: 10 February 2025

1. Acceptance of Terms

By accessing and using the website at thesummitlabs.com (the “Website”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with any part of these Terms, you must not use the Website. These Terms constitute a legally binding agreement between you and The Summit Labs (“we”, “us”, or “our”).

2. Website Use Licence

We grant you a limited, non-exclusive, revocable licence to access and use the Website for personal and informational purposes. This licence does not include the right to:

  • Modify, copy, or distribute any content from the Website
  • Use the Website or its content for any commercial purpose without our written consent
  • Attempt to reverse-engineer any software or systems used on the Website
  • Remove any copyright, trademark, or other proprietary notices

We reserve the right to terminate this licence at any time, for any reason, without notice.

3. Prohibited Conduct

When using the Website, you agree not to:

  • Use the Website in any way that violates applicable South African or international law
  • Attempt to gain unauthorised access to any part of the Website, its servers, or any connected systems
  • Introduce viruses, malware, or other harmful code to the Website
  • Use automated systems (bots, scrapers, crawlers) to access the Website without our prior written permission
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt the integrity or performance of the Website
  • Collect or harvest personal information of other users

4. Intellectual Property

All content on the Website — including but not limited to text, graphics, logos, images, design elements, software, and code — is the property of The Summit Labs or its licensors and is protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and applicable international intellectual property laws.

Portfolio work displayed on the Website may be subject to separate intellectual property agreements with our clients. Such work is displayed for illustrative purposes only and remains the property of the respective rights holders.

5. Contact Form

The Website provides a contact form for you to submit enquiries. By using the contact form, you:

  • Consent to the collection and processing of the personal information you provide (name, email address, and message content) in accordance with our Privacy Policy
  • Confirm that the information you provide is accurate and complete
  • Understand that submitting an enquiry does not create a contractual obligation on either party

6. Privacy

Your use of the Website is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information in compliance with the Protection of Personal Information Act, 2013 (POPIA). The Privacy Policy forms part of these Terms.

7. Cookies

The Website may use cookies and similar technologies. By using the Website, you acknowledge and consent to our use of cookies as described in our Privacy Policy. You may control cookies through your browser settings.

8. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by The Summit Labs. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. Accessing third-party links is at your own risk.

9. Disclaimers

The Website and its content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to:

  • Implied warranties of merchantability or fitness for a particular purpose
  • That the Website will be uninterrupted, error-free, or secure
  • That any defects will be corrected
  • The accuracy, reliability, or completeness of any content on the Website

Information on the Website is provided for general informational purposes only and does not constitute professional advice.

10. Limitation of Liability

To the maximum extent permitted by South African law, The Summit Labs, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website, including but not limited to:

  • Loss of data, profits, or business opportunities
  • Damage to your device or software
  • Any reliance on content provided on the Website

In any event, our total aggregate liability shall not exceed ZAR R1,000.00 (one thousand South African Rand).

11. Indemnification

You agree to indemnify, defend, and hold harmless The Summit Labs and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with:

  • Your use of the Website
  • Your violation of these Terms
  • Your violation of any rights of a third party

12. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, power failures, internet outages, government actions, pandemics, or acts of terrorism.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

14. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute amicably through good-faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved amicably, either party may institute formal proceedings in the appropriate South African court.

15. ECTA Compliance

In compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), we provide the following information:

16. Consumer Protection

Nothing in these Terms is intended to limit any rights you may have under the Consumer Protection Act 68 of 2008 (CPA) of South Africa, where applicable. In the event of a conflict between these Terms and the CPA, the provisions of the CPA shall prevail.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on this page with an updated effective date. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

19. Contact Us

If you have any questions about these Terms of Service, please contact us: