TERMS AND CONDITIONS

INTRODUCTION

1.1. Website Terms and Conditions of Use relating to the website provided by INDUSTRIALGROWTHHUB (PTY) LTD (Registration Number: 2024/338400/07) (“the Provider”), as well as its website located at the following URL https://www.industrialgrowthhub.com/ (“the Website”). These Terms and Conditions (“the Terms and Conditions”) govern your (“the User’s”) use of the Provider’s Website and the Services associated in addition to that. By accessing and using, and in particular, indicating your acceptance of the terms by clicking on the “I accept these terms” button as provided for on the Website, the User agrees to be bound by the Terms and Conditions set out in this document. The content of this Website is proprietary to the Provider and/or otherwise utilized in terms of a written license agreement between the Provider and the proprietor of such content. As such, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for any purposes other than as provided for in these Terms and Conditions without the Provider’s prior consent.

1.2. In terms of section 49 of the Consumer Protection Act, 2008, your attention is drawn to the provisions of clauses 2, 4, 7, 8, 10, and 13 which:

- limit in any way the risk or liability of the Provider or any other person;

- constitute an assumption of risk or liability by the User;

- impose an obligation on the User to indemnify the Provider or any other person for any cause; or

- constitute an acknowledgment of any fact by the User.

**CONTRACTUAL CAPACITY TO ACT**

The User warrants that he/she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of a juristic person, the User agrees to bind himself/herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforementioned, the User (where he/she acts on behalf of a juristic person) warrants that he/she has the necessary authority and capacity to enter and bind the juristic person to these Terms and Conditions.

**ELECTRONIC COMMUNICATIONS**

By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and it constitutes proper notice to the User.

**SERVICES PROVIDED AND YOUR ACCOUNT**

The Website offers various services, including, but not limited to, the provision of strategic marketing services to direct marketing companies (“the Services”). Under certain circumstances, the Provider may also allow the User to conclude commercial transactions with various third parties who use the Website. The use of any product or service bought or subscribed for through the use of the Website is at the User’s own risk.

If a User uses the Website, the User is obliged to keep his/her access details (including his/her username and password) confidential and not allow other people to use them. The User also accepts full responsibility for all activities that occur under their unique access details or password and accepts responsibility for sharing his/her username and password. The User is only permitted to use one account in respect of the Website.

If the User uses more than one account, the Provider reserves the right to revoke all access to the Website. Once a User has logged onto the Website, certain information, functionalities, and other features of the Website will be accessible to the User the next time the User visits the Website without having to re-enter their password. If the User prefers to enter their password every time they access the Website, such change can be made via the settings and functionality available on the Website.

The User expressly acknowledges and agrees that the following actions shall be material breaches of these Terms and Conditions:

- signing in as, or pretending to be, another person;

- transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;

- using the Services in a way that is intended to harm, or could result in harm, to the User or other users of the Website; or

- gathering information specifically Personal Information about others without obtaining their prior written consent.

The User also expressly agrees that any use of his/her access details shall be regarded by the Provider as if the User were the person using such information in all instances.

The User may change his/her username and password at any time, although the Provider may determine certain requirements that the User will need to meet when choosing a username or password. These requirements may be changed from time to time and the User may be required to update his/her credentials following such changes.

**PERSONAL INFORMATION**

5.1. The User shall make available and consent to the processing of the following personal information by the Provider:

- e-mail address;

- name and surname;

- name of company/organization;

- registration number;

- identity number;

- physical address;

- IP address;

- delivery address;

- telephone number; and

- opinions and preferences.

(“the Personal Information”)

5.2 The User agrees that the Provider may process the User’s Personal Information for all purposes that relate to the Website and the Services offered through the Website. In order to do so, the User acknowledges that the Provider is required to find out exactly what the User needs or wants.

5.3 The User does have the right to object to the processing of their Personal Information and it is voluntary to accept these Terms and Conditions. However, the Provider does require the User’s acceptance to enable the User to use the Website and to provide the Services, which may include activating and servicing the User’s policy and benefits, where applicable.

5.4 Personal Information will be processed by the Provider, pursuant to and for the purposes as set forth in the Provider’s Privacy Policy, which may include, but not be limited to, the following purposes:

- verifying the identity of the User;

- transmitting and receiving necessary correspondence to the User in relation to the Services or the products or services accessed, used, or purchased by the User through, or by means of the Website;

- facilitating delivery of the Services or the products or services accessed, used, or purchased by, or subscribed to by, the User through, or by means of the Website;

- generally rendering the Services;

- processing payments, refunds, and the like in respect of any of the Services or the products or services accessed, used, or purchased by the User through, or by means of the Website;

- transmitting marketing material to the User in respect of the Services made available by the Provider or any third party;

- monitoring and analyzing the User’s conduct in respect of the Services;

- for compliance and risk purposes;

- analyzing the Personal Information collected for research and statistical purposes and once such Personal Information is analyzed to send the User marketing and promotional material which the Provider believes may, based on the Provider’s processing of the User’s Personal Information, be relevant to the User and enhance the User’s use of the Services provided on, through, or by means of the Website;

- conducting market research, as well as academic research in respect of the Personal Information in order to identify potential markets and trends, to develop new products and services, and to improve the nature of the Services being provided to the User by the Provider;

- aggregating and/or de-identifying the User’s Personal Information after analyzing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such de-identified Personal Information to third parties for commercial or non-commercial means.

5.5 The User’s Personal Information shall be retained in the strictest confidence by the Provider and will only be processed in accordance with the Provider’s Privacy Policy to which these Terms and Conditions relate, which Privacy Policy can be sourced at https://www.industrialgrowthhub.com/

5.6 The User expressly agrees and acknowledges that any failure by the User to submit the requisite Personal Information may render the Provider unable to deliver the Services and should this arise, the User hereby indemnifies and holds the Provider harmless against any loss or damage which the User may suffer as a result of the Provider’s inability to render or deliver the Services.

5.7 The User acknowledges that through the use of the Website or the Services, which may include completing online application forms or contacting the Provider electronically, the Provider will in effect be processing the User’s Personal Information.

5.8 The User acknowledges that he/she understands that (where applicable) when the User includes the Personal Information of their spouse and dependents on the Website, the Provider will process such Personal Information in line with not only these Terms and Conditions but the provisions of the Provider’s Privacy Policy sourced at https://www.industrialgrowthhub.com/

5.9 In such an event contemplated in clause 5.8 above, the User warrants that they have the required consent to furnish the Provider with such Personal Information.

**SECURITY SAFEGUARDS**

6.1 The Provider shall take appropriate, reasonable technical and organizational measures to secure the integrity and confidentiality of the Personal Information in its possession, in order to guard against:

- loss of, damage to, or unauthorized destruction of Personal Information; and

- unlawful access to or processing of Personal Information.

The Provider shall not, however, be held responsible, and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Website or access the Services), which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

The Provider undertakes to process any of the User’s Personal Information in accordance with the provisions of the Provider