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Terms & Conditions

Last Updated: January 2025

1. Introduction

Welcome to CAVU Holdings (Pty) Ltd ("CAVU", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use our services.

2. Definitions

  • "Services" refers to all data science, AI, analytics, and consulting services provided by CAVU Holdings
  • "Client" refers to any individual or organization that engages our services
  • "Website" refers to www.cavu.co.za and all associated pages
  • "Content" refers to all text, images, data, and materials on our website

3. Use of Services

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services.

3.2 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You must not:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful or malicious code
  • Attempt to gain unauthorized access to our systems
  • Use our services for fraudulent purposes
  • Interfere with other users' access to our services

4. Service Agreements

4.1 Engagement

Specific services will be provided under separate written agreements that detail the scope, deliverables, timelines, and fees. These Terms supplement but do not replace such agreements.

4.2 Fees and Payment

Fees for services will be specified in individual service agreements. Payment terms include:

  • Invoices are payable within 30 days unless otherwise agreed
  • Late payments may incur interest charges
  • All fees are exclusive of VAT unless stated otherwise
  • Refund policies will be specified in service agreements

5. Intellectual Property Rights

5.1 Our Content

All content on our website, including text, graphics, logos, images, and software, is the property of CAVU Holdings or its licensors and is protected by South African and international copyright laws.

5.2 Client Data

Clients retain all rights to their data. We will only use client data as necessary to provide services and in accordance with our Privacy Policy and applicable agreements.

5.3 Deliverables

Ownership of deliverables will be specified in individual service agreements. Unless otherwise agreed, clients receive a license to use deliverables for their business purposes.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our engagement. This obligation survives the termination of any agreement.

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.

7. Data Protection and Privacy

We are committed to protecting your personal information in accordance with the Protection of Personal Information Act (POPIA) and other applicable data protection laws. Please refer to our Privacy Policy for detailed information about how we collect, use, and protect your data.

8. Warranties and Disclaimers

8.1 Service Warranties

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. Specific warranties will be detailed in service agreements.

8.2 Disclaimers

Except as expressly stated in service agreements:

  • Services are provided "as is" without warranties of any kind
  • We do not guarantee specific results or outcomes
  • We are not responsible for decisions made based on our recommendations
  • Website content is for informational purposes only

9. Limitation of Liability

To the maximum extent permitted by law, CAVU Holdings shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability for any claims arising from our services shall not exceed the fees paid by the client for the specific services giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify and hold harmless CAVU Holdings, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

11. Termination

We reserve the right to suspend or terminate your access to our services at any time for violation of these Terms or for any other reason at our discretion.

Termination provisions for specific service engagements will be detailed in individual service agreements.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the South African courts.

13. Dispute Resolution

In the event of any dispute, the parties agree to first attempt to resolve the matter through good faith negotiations. If negotiations fail, disputes may be referred to mediation before pursuing litigation.

14. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and CAVU Holdings regarding the use of our services.

17. Amendments

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

18. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

CAVU Holdings (Pty) Ltd

Email: datatech@cavu.co.za

Support: support@cavu.co.za

Website: www.cavu.co.za