By accessing or using www.bluebirdholdings.co.za or any of its related blogs, websites, applications or platforms (collectively, “the Website”), owned by Bluebird Holdings. (“Bluebird Holdings”) or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”), in conjunction with any additional Bluebird Holdings terms particularly applicable to you and the Services you utilise. All rights in and to the content of the Website remain at all times expressly reserved by Bluebird Holdings.
Please see Bluebird Holdings distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities
Please read these terms carefully before accessing or using the Website or Services. Bluebird Holdings will assume you have read and understood these terms should you continue to access or make use of the Website.
Please also see our distinct additional policies including our Privacy Policy and Usage Policy.
It is important to note the following:
The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Bluebird Holdings or its possession.
Not all terms are necessarily defined in order.
These terms were last updated on 11 October 2022.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1 – Bluebird Holdings provides an online platform providing various services.
1.2 – These Terms explain the conditions applicable to how users must make use of the Website and the core provisions applicable to a user’s use of any Services derived from Bluebird Holdings. Depending on the exact Services used, a user may also need to conclude additional agreements with Bluebird Holdings, which agreements will contain more specific details and/or conditions relating to the exact Service acquired, including exact services and fees to be expected.
1.3 – The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Bluebird Holdings uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.4 – Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offence.
2. USER RESPONSIBILITIES AND WARRANTIES
2.1 – By using the Website and/or the Services, you warrant that:
2.1.1 – you have read and agreed to these Terms and will use the Website and Services in accordance with them;
2.1.2 – you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
2.1.3 – you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
2.1.4 – you lawfully possess and submit all information to the Website and/or Bluebird Holdings for the use of it or the Services;
2.1.5 – you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
2.1.6 – you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
2.1.7 – you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute;
2.1.8 – you will not use the Website platform for any commercial purpose other than as expressly provided for by Bluebird Holdings herein;
2.1.9 – you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
2.1.10 – you will not facilitate or assist any third party to do any of the above,
2.1.11 – failing which, your failure will automatically be deemed to be a material breach of these Terms, allowing Bluebird Holdings to use its full spectrum of rights available to it against the infringing party, including reporting you to the authorities, denying you access to or use of any Service or the Website and/or claiming contractual (including consequential) damages from you.
2.2 – The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilize the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
2.3 – Without prejudice to any of Bluebird Holdings other rights (whether at law or otherwise), Bluebird Holdings reserves the right to deny you access to the Website or the Services where Bluebird Holdings believes (in its reasonable discretion) that you are in breach of any of these Terms.
2.4 – Bluebird Holdings does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
3. KYC AND AML REQUIREMENTS
3.1 – A user’s ability to make use of various parts of the Website or particular Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws and the respective rules and regulations.
3.2 – Bluebird Holdings may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to Bluebird Holdings in order for the user to be verified as not infringing any of Bluebird Holdings KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. Bluebird Holdings reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by Bluebird Holdings. Bluebird Holdings also reserves the right to share this information with any legal authority when required under applicable laws.
3.3 – Bluebird Holdings may restrict user transactions that may violate laws or Bluebird Holdings internal KYC or AML conditions, which decisions we may make based on our analysis of Vendor requests, ZAR value orders, geographic location confirmation, anomaly order value, sub-user triggered order, or orders from different IP addresses.
4. RECEIPT AND TRANSMISSION OF DATA MESSAGES
4.1 – Data messages, including email messages, sent by you to Bluebird Holdings will be considered to be received only when acknowledged or responded to.
4.2 – Data messages sent by Bluebird Holdings to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
4.3 – Bluebird Holdings reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
4.4 – Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Bluebird Holdings is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Bluebird Holdings to a user, between users or from a user to Bluebird Holdings.
5. HYPERLINKS, DEEP LINKS, FRAMING
5.1 – The Website may include links to other internet sites (“the other sites“), some of which Bluebird Holdings does not own or endorse. Bluebird Holdings is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
5.2 – Bluebird Holdings does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to ctn-queries@bluebirdholdings.co.za to request the removal of such content.
5.3 – The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.
6. ADVERTISING AND SPONSORSHIP
6.1 – The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
6.2 – Bluebird Holdings, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
7. INTELLECTUAL PROPERTY PROTECTION
7.1 – All Website layout, content, material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, product feeds, documents, designs, copyright and/or service marks, together with the underlying software code and everything submitted by a user to the Website and Bluebird Holdings in use of the Services, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by Bluebird Holdings, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
7.1.1 – For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided Bluebird Holdings with a non-exclusive, non-transferable license to use such user intellectual property as Bluebird Holdings deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
7.2 – Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Bluebird Holdings first being granted, which consent may be refused at the discretion of Bluebird Holdings. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Bluebird Holdings and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
7.3 – Bluebird Holdings reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
7.4 – Where any of the Website intellectual property has been licensed to Bluebird Holdings or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
7.5 – Subject to adherence to the Terms, Bluebird Holdings grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any license or right to use any intellectual property without the prior written permission of Bluebird Holdings.
7.6 – Any enquiries regarding any of the above relating to intellectual property must be directed to Bluebird Holdings at queries@bluebirdholdings.co.za
8. DISCLAIMERS AND WARRANTIES
8.1 – The Website and Services, including any intellectual property appearing therein, are provided “as is” and “as available”. Bluebird Holdings makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, the Services or the information contained in it.
8.2 – All information, blogs, articles or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Bluebird Holdings. While Bluebird Holdings makes every reasonable effort to present such information accurately and reliably on the Website, Bluebird Holdings does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
8.3 – Bluebird Holdings, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services/Products offered, including the information about any particular Service.
8.4 – Bluebird Holdings, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, Products and access to, or use of, the Website in any manner.
8.5 – Bluebird Holdings takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Bluebird Holdings does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
9. INDEMNITIES
9.1 – The user indemnifies and holds harmless Bluebird Holdings, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website, Products, Services offered or concluded through the Website in any way.
9.2 – The user agrees to indemnify, defend and hold Bluebird Holdings harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
9.3 – This clause will survive termination of this agreement.
10. COMPANY INFORMATION
10.1 – Site owner: Bluebird Holdings
10.2 – Legal status: Private profit limited liability company
10.3 – Description of main business: Computer support and services
10.4 – Telephone number: +27 (0)12 880 2541
10.5 – Email address: queries@bluebirdholdings.co.za
10.6 – Website address: bluebirdholdings.co.za
10.7 – Physical address: 161 Bosduif Crescent,
Wierdapark,
Centurion
10.8 – Postal address:
161 Bosduif Crescent,
Wierdapark,
Centurion
10.9 – Registered address:
161 Bosduif Crescent,
Wierdapark,
Centurion
11. DISPUTE RESOLUTION AND GOVERNING LAW
11.1 – The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
11.2 – The user hereby consents, in terms of Section 45 of the Magistrates Court Act of 1944 as amended to Bluebird Holdings instituting any proceedings arising out of this contract in the Magistrates Court for the district of Rondebosch otherwise having jurisdiction in terms of Section 28 of the Magistrates Court Act notwithstanding the fact that such proceedings are otherwise not within the jurisdiction of that court. Bluebird Holdings however reserves the right, in its sole discretion, to institute any action arising from this agreement in the High Court of South Africa.
11.3 – The user hereby waives the benefits of the legal exceptions of non numerate pecuniae, non causa debit, de errored calculi, de duobus vel pluribus reis debendi, review of accounts and no value received and hereby declares himself to be fully acquainted with the meaning of this waiver.
11.4 – In the event of any default by the user of any provision of these Terms, the user hereby consents and authorizes Bluebird Holdings to furnish the name, credit record and repayment history of the user to any credit bureau as a delinquent debtor.
11.5 – The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
11.6 – The user shall be liable to Bluebird Holdings for all legal expenses (including collection fees) on the attorney-own-client scale incurred by Bluebird Holdings in the event of:
11.6.1 – any default by the user of these Terms; or
11.6.2 – any litigation in regard to the validity and enforceability of these Terms. The user will also be liable for any collection or valuation fees incurred.
12. TERMINATION OF USE OF WEBSITE OR SERVICES
12.1 – IN ADDITION TO ITS OTHER RIGHTS HEREIN, BLUEBIRD HOLDINGS RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT SYNTECH GIVES REASONABLE NOTICE TO YOU.
12.2 – If you wish to terminate the agreement with Bluebird Holdings, or end your use of the Services, you may request so by emailing queries@bluebirdholdings.co.za This will result in deregistration from the Website. This will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination with the Website (such as your need to pay for an ordered Product).
12.3 – In the event of cancellation of your agreement with the Terms and with Bluebird Holdings, Bluebird Holdings will remove you from the Website and deactivate your Profile.
13. NOTICES AND SERVICE ADDRESS
13.1 – Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
13.1.1 – in the case of Bluebird Holdings, at 161 Bosduif Crescent, Wierdapark, Centurion; or
13.1.2 – in the case of the user, at the business address as per the dealer application or such other address agreed upon between Bluebird Holdings and the user.
13.2 – Any document will be deemed duly received by the user within:
13.2.1 – 3 (three) working days of prepaid registered mail to any of the user’s business or postal addresses or the domicilium address of the user or to the personal address of any director, member or owner of the user; or
13.2.2 – within 24 (twenty-four) hours of being faxed to any of the user’s fax numbers or any director, member’s or owner’s fax numbers;
13.2.3 – on being delivered by hand to the user or any director, member or owner of the user;
13.2.4 – within 48 (forty-eight) hours if sent by overnight courier; or
13.2.5 – within 24 (twenty-four) hours of being telexed to the user’s telex number.
14. GENERAL
14.1 – This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorized representatives.
14.2 – Any Service is subject to cancellation by Bluebird Holdings due to force majeure from any clause beyond the control of Bluebird Holdings, including (without restricting this clause to these instances): inability to secure labor, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labor disputes, fire, flood, drought or legislation.
14.3 – No indulgence, leniency or extension of time granted by Bluebird Holdings shall constitute a waiver of any of Bluebird Holdings rights under these Terms and, accordingly, Bluebird Holdings shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
14.4 – Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
14.5 – The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
14.6 – Should you have any complaints or queries, kindly address an email to Bluebird Holdings at queries@bluebirdholdings.co.za of same.
14.7 – Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
14.8 – No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause
Business Registration Information
Enterprise Name : Bluebird Holdings
Contact Information
GOT QUESTION? CALL US !
Address: 161 Bosduif Cres, Wierdapark, Centurion
Phone: 012 880 2541
E-mail: queries@bluebirdholdings.co.za
Questions about the Terms of Service should be sent to us at queries@bluebirdholdings.co.za