Terms of Use

By using our website you acknowledge your acceptance of these Terms of Use. If you do not agree to these Terms then you may not continue to use our website.

These Terms of Use were last updated on 21 June 2023.

These Terms of Use explain our rules and guidelines for how we provide our website and how you may use it and also how you may register your interest with our products and services and how we may communicate with you. If you have questions about this, contact us at [email protected].

Definitions

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Our Site” means this website at www.explore.ai including its sub-sites and any website that may replace it;

“We/Us/Our” means Explore Software Pty Limited and its associated companies.

Who we are

Our Site is owned and operated by Explore Software (Pty) Limited (South Africa) for itself and on behalf of other associated companies including Explore AI Limited (United Kingdom).

We trade under the brands EXPLORE, Explore Software, Explore AI, Explore Data Science Academy and Explore AI Academy.

We are a limited company registered in South Africa under company number (Reg: 2013/143957/07). Our registered address is Explore Software Pty Limited, 35 Brickfield Road, Salt River, Cape Town, 7806.

Access to Our Site

Access to Our Site is free of charge.

Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.

We may alter and update Our Site (or any part of it) at any time, such as for legal or operational reasons or to update our Content (including to reflect updates to our products and services or to provide new case study examples).

We may also alter these Terms of Use at any time and without notice; if we do so, we shall reference the date of such change at the beginning of these Terms of Use. You are advised to check this page every time you use Our Site.

It is your responsibility to make the arrangements necessary in order to access Our Site.

How you may use Our Site, Content and Contact Tools

All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically described otherwise. All Content is protected by applicable South African, United Kingdom and international intellectual property laws and treaties.

You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

You may print one copy and download extracts of any page(s) from Our Site for personal use only.

You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.

You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.

When using Our Site, Our Content or Our Contact Tools (or contacting Us by any other means), the following rules apply, and you must not communicate, submit, or otherwise do anything that:

• is obscene, deliberately offensive, hateful, or otherwise inflammatory;
• promotes or assists in any form of unlawful activity;
• promotes violence;
• promotes, encourages, incites, or supports acts of terrorism;
• is defamatory of another person;
• bullies, insults, intimidates, or humiliates another person;
• discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or otherwise likely to deceive;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
• is unlawful (including an infringement of applicable national or international laws or regulations) or is otherwise fraudulent;
• implies any form of affiliation with Us or any other party where there is none;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
• is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence;
• is sexually explicit or in any way sexualises minors (including, but not limited to, child sexual abuse material);
• deliberately introduces viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
• attempts to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site;
• attacks Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

We may monitor any and all communications made using Our Contact Tools and your use of Our Site and its Content.

If you fail to comply with the provisions of this section, you will be in breach of these Terms of Use and (without limitation) We may take one or more of the following actions in response:

• Suspend or terminate your right to use Our Site;
• Issue you with a written warning;
• Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
• Take further legal action against you, as appropriate;
• Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
• Any other actions which We deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above) in response to your breach.

Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.

Links to and from Our Site

You may only link to the homepage of Our Site. Linking to other pages on Our Site requires our express written permission.

Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation. You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.

You must not frame or embed Our Site on another website without Our express written permission.

We may include links to other websites on Our Site. The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it. Unless expressly stated, these sites are not under Our control and we accept no responsibility or liability for the content of linked third-party websites.

Our liability

Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. No Part of Our Site is intended to constitute a contractual offer capable of acceptance.

To the extent permitted by law, We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case. The Content, goods and services described on Our Site may contain variations to the actual goods and services which we make available from time to time, and they may be subject to change (for example, but without limitation, to accommodate commercial, operational or regulatory updates and changes).

If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site and We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content. We also accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

Law and Jurisdiction

These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of South Africa.

If you use Our Site as a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this section takes away from or reduces your legal rights as a consumer.

If you use Our Site as a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of South Africa and/or as determined by your residency.

If you use Our Site as a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of South Africa.