Acceptance of the Terms of Use

The following Terms of Use govern your access to and use of ESG Tracker (“the Website”), whether as a guest or a registered user.

By using the Website and by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time. As a registered user you will be notified of any changes and requested to confirm your acceptance of the updates. All changes are effective immediately when we post them, and will apply to all access to and use of the Website thereafter.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Vukani Impact Collective PTY LTD (“the Company”), and are protected by the laws of the Republic of South Africa and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

 

Trademarks

The ESG Tracker name, logo and all related names, logos, product and service names, designs and slogans are trademarks of ESG Tracker and property of Vukani Impact Collective PTY LTD (“the Company”). You must not use such marks without the prior written permission of the Company.

 

Accuracy of information provided

You confirm that all the information you provide on ESG Tracker is correct, current and complete. You agree to the use of this information in providing the services offered by the Website, including

• collation and analysis of information on your organisation’s environmental, social and governance (ESG) performance
• tracking completion of agreed Action Plans
• monitoring impacts in line with the Sustainable Development Goals (SDGs); and
• verification of information provided.

You also agree to the use of your information in generating aggregate information on user trends without comprising the confidentiality of individual company information. In addition, you agree that access to your information may be granted to any additional users that you have approved, including investors or business partners.

 

Confidentiality and Privacy

All personal or business information provided by you through the Website will be treated as confidential and private, and protected in accordance with local and international laws and good practice. Your information is stored on a secure server and protected through security procedures implemented via the Website and all further data management practices.

 

Maintaining security of access

In accessing the website, you will be allocated a username and password and required to comply with additional security procedures as necessary to protect the confidentiality of your and other users’ information. You agree to comply with these security procedures and to treat your username and password as confidential. You agree not to disclose your user details to any other person or entity or to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

 

Prohibited Uses

You agree not to use the Website in any way that

• violates any local or international law or regulation
• interferes with the proper working of the Website
• could disable, overburden, damage, or impair the site
• interferes with any other party’s use of the Website
• monitors or copies any of the material on the Website.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

 

Dispute settlement

Any disputes arising from the use of ESG Tracker will be governed by the law of the Republic of South Africa and will be settled first through mediation and, if mediation fails, then through arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.