Please read these Terms and Conditions before accessing the Platform45 Site. The "Platform45 Site" includes all services, software and content originating from or distributed on Platform45.com, thenexttrain.co.za and any of their domain aliases and subdomains. By accessing, downloading, installing, copying or otherwise using all or any portion of the Platform45 Site, you agree to these Terms and Conditions. If you disagree, you may not access, download, install, copy or otherwise use the Platform45 Site or any of its services, software and content.

These Terms and Conditions constitute a legal agreement between you (an individual or legal entity) and Platform45 Information Solutions (Pty) Ltd. (hereinafter "Platform45"), a limited liability company established and existing under South African laws.

Platform45 may choose to modify these Terms and Conditions at any time and at its sole discretion. You agree to ensure your compliance with the latest version of these Terms and Conditions before accessing or using the Platform45 Site and its services, software and content.

General

While visiting the Platform45 Site or using its services, software and content, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Platform45 Site its and services, software and content in a manner contrary to applicable law or that would serve to restrict or inhibit any other user from using or enjoying the Platform45 Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Platform45 Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or copyright holder.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Platform45 Site or to any server, or to any of the services or software offered on or through the Platform45 Site, by hacking, password mining or any other illegitimate or legitimate means.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate or outdated, and you bear all risks associated with seeing and/or using that content. Platform45 has the right, but not the obligation, to remove any content that may, at its sole discretion, violate these terms and conditions or that is otherwise objectionable.

The Platform45 Site may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over other sites, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third party site.

Software Service License

Platform45 may, at its sole discretion, grant you a Demo License, a Commercial License or a NFR (Not For Resale) License for services and/or software of the Platform45 Site. Unless otherwise stated, the Demo License Terms are applicable to your use of services and/or software of the Platform45 Site if you have not purchased or otherwise obtained a Commercial License for said services and/or software and have not obtained an NFR (Not For Resale) License for said services and/or software.

The Demo License Terms are also applicable to your use of services and/or software of the Platform45 Site on any computers that are not covered under any NFR Licenses or Commercial Licenses you may have. The Commercial License Terms are applicable to your use of said services and/or software if you have purchased a Commercial License for said services and/or software. The NFR (Not For Resale) License Terms are applicable to your use of said services and/ or software if you have been provided with an NFR License for said services and/or software by Platform45 or its subsidiaries.

Warranties

The services, software and any other content or information of the Platform45 Site are provided "as is" without warranty of any kind. The entire risk as to the results and the performance of the services, software and any other content or information of the Platform45 Site is assumed by you. To the maximum extent permitted by applicable law, Platform45 or any of its employees and affiliates shall not be liable for any consequential, incidental or direct damages suffered in the course of using the services, software and other content on the Platform45 Site (see Limitation of Liability).

Platform45 does not and cannot warrant the performance or results you may obtain by use of the Platform45 Site, including any of its services, software and content. Platform45 does not and cannot warrant that the Platform45 Site, including but not limited to any of its services and software operates error-free.

Intellectual Property Rights

Copyright and other intellectual, industrial and/or proprietary rights the Platform45 Site and any of its services, software and content, and to any whole or partial copies that you make are owned by Platform45 or its licensors, unless otherwise specified. Platform45 permits you to use the Platform45 Site and any of its services, software and content only in accordance with these Terms and Conditions. All rights not specifically granted by Platform45 and/ or one of it's directors are reserved by Platform45 and/or one of it's directors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of the Platform45 Site and any of its services, software and content. Platform45 is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that the Platform45 Site and any of its services, software and content is the subject of copyright and other intellectual, industrial or proprietary rights of Platform45 and/or third parties.

We do not claim any ownership in the intellectual property rights of others. All product, brand, or company names not belonging to Platform45 and/or one of it's directors are the intellectual property of their respective owners.

Limitation of Liability

To the maximum extent permitted by applicable law, Platform45 or any of its employees and affiliates is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use the Platform45 Site, its services, software and content or access data, loss of data, loss of business, loss of profits, business interruptions or the like) arising out of the use or inability to use the Platform45 Site, its services, software and content even if Platform45 has been advised of the possibility of such damages. In no event shall Platform45's total liability to you exceed the amount for which you purchased Commercial Licenses for software or services on the Platform45 Site. Notwithstanding the above, or anything else contained in these Terms and Conditions, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Term and Termination

The agreement to these Terms and Conditions is effective until terminated. Without prejudice to any other rights, Platform45 may immediately terminate this agreement if you fail to comply with any of the terms and conditions set out in this document. In such event you must cease all use of the Platform45 Site, including its services and content and destroy all copies of material made available through the Platform45 Site.

Applicable Law

These terms and conditions are governed by South African law. Any dispute concerning the use of the Platform45 Site, its services and content falls under the exclusive jurisdiction of the courts of Cape Town, South Africa.

You agree that Platform45, at Platform45's sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with these Terms and Conditions before the courts of Cape Town, South Africa or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Platform45.

Should you have any questions concerning these Terms and Conditions, please contact: service@platform45.com