Greetings and welcome to Black Elegance Group the Terms and Conditions outlined above regulate your ability to access and utilize our services through our website located at bpmglobal.co.za, referred to as the “Site”. By accessing or utilizing our Site, you consent to be legally obligated by these Terms. If you do not consent to these Terms, kindly refrain from utilizing our Site. 1. Acknowledgment of Conditions By utilizing the Site, you consent to adhere to and be legally obligated by these Terms. If you do not consent to these Terms, it is advised that you refrain from using our Site. 2. Amendments to the Terms We retain the authority to alter these Terms at any given moment. Any modifications will take effect immediately upon being published on the website. If you continue to use the Site after new Terms have been posted, it signifies your acceptance and agreement to the changes. 3. Policy on the Protection of Personal Information The use of the Site is also regulated by our Privacy Policy, accessible at Privacy Policy. Please examine our Privacy Policy to comprehend our procedures. 4. Utilization of the Website 4.1 Users must be at least 18 years old to access the Site. 4.2 Users are obligated to use the Site solely for legal reasons and in compliance with these Terms. 4.3 Users are prohibited from utilizing the Site in a way that could potentially disable, overload, or hinder the Site, or disrupt the usage of the Site by any other party. 5. User Registration In order to utilize some functionalities of the Site, it may be necessary for you to create an account. By registering, you are obligated to furnish precise and comprehensive information. It is your duty to ensure the secrecy of your account details and to take responsibility for all actions carried out under your account. 6. Copyrighted material The ownership of the Site, including all of its contents, features, and functionality, belongs to Black Elegance Group, its licensees, or other providers of such material. These rights are safeguarded by international laws governing copyright, trademark, patent, trade secret, and other forms of intellectual property or proprietary rights. 7. User Content By providing content to the Site, you provide Black Elegance Group a license that is not limited to a specific group, does not need payment, lasts indefinitely, and applies globally. This license allows Black Elegance Group to utilize, duplicate, alter, and distribute your content in relation to the functioning of the Site and our business. 8. Activities that are not allowed You are obligated to refrain from utilizing the Site for any illicit intentions. • Do not upload or distribute any viruses or malicious malware. • Do not try to obtain access to the Site, user accounts, or computer systems or networks linked to the Site without permission. Do not engage in any action that disrupts the proper functioning of the Site. 9. PROTECTION OF DATA 9.1 The Processor hereby warrants, represents, and agrees that it: 9.1.1 shall adhere to the Data Protection Laws when processing any data. 9.1.2 The Processor shall not process Data for any purpose other than with the express prior written consent of the Customer. 9.1.3 The Processor shall ensure that all systems and operations on which Data is processed are of a minimum standard required by all applicable Data Protection Laws. 9.2 The Processor shall take reasonable steps to identify all reasonably foreseeable internal and external risks posed to Data under the Processor’s possession or control and establish and maintain appropriate safeguards against any risks identified. 9.3 The Processor shall provide the Customer with prompt, reasonably detailed written notice in the event that the Processor discovers any Data breach, or any actual, pending, or threatened enforcement proceeding, action, notification of breach, or lawsuit against the Processor relating to Data. If the Data Protection Laws mandate that an individual or authority be notified of a Data Breach, the Processor shall provide any notices to such an individual or governmental authority containing the information as mandated by the Data Protection Laws, subject to the Customer’s prior approval of the content, form, and timing, at the Customer’s request. The Processor is obligated to provide remediation services and other reasonable assistance to individuals impacted by the Data Breach directly or through a third party, as required by the Data Protection Laws, governmental authorities, or as agreed among the Parties in writing. The Processor will cooperate and furnish the Customer with information regarding the nature, circumstances, and causes of the event in question upon the Customer’s request. The processor will implement all requisite measures to mitigate the recurrence of losses and mitigate the repercussions of the event in question. 9.4 The Processor is prohibited from appointing (or disclosing any Data to) any Sub-Processor unless the Customer requires or authorizes it. 9.5 The Processor shall take reasonable measures to ensure the reliability of any employee, agent, contractor, or Sub-Processor who may have access to the Data. This includes ensuring that access is strictly limited to those individuals who need to know / access the relevant Data and to comply with Data Protection Laws. Additionally, the Processor shall ensure that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality. 9.6 The Processor shall provide the Customer with reasonable assistance in conducting any data protection impact assessments and prior consultations with supervising authorities or other competent data privacy authorities that the Customer reasonably deems necessary in accordance with article 35 or 36 of the GDPR and equivalent provisions in the POPI act. This assistance shall be limited to the Processing of Data and shall be based on the nature of the Processing and the information available to the Processor. 9.7 In order to full fill the Customer’s obligations, as reasonably understood by the Customer, to respond to requests to exercise Data Subject rights under the Data Protection Laws, the Processor shall assist the Customer by implementing appropriate technical and organizational measures, insofar as this is feasible for the nature of the Processing. If the Processor receives a request from a Data Subject under any Data Protection Law in respect of Personal Data, it shall promptly notify the Customer. The Processor shall ensure that it does not respond to the request except on the documented instructions of the Customer or as required by Data Protection Laws to which the Processor is subject. In the event that the Processor is subject to Data Protection Laws, the Processor shall inform the Customer of that legal requirement to the extent permitted by the Data Protection Laws before responding to the request. 9.8 The Customer’s prior written consent is required for the Processor to transfer or authorize the transfer of Data to countries outside of South Africa. In the event that personal data processed under this Agreement is transferred from South Africa to a country outside of South Africa, the Parties are required to guarantee that the Data is adequately protected. 9.9 The Processor shall provide the Customer with all the information required to substantiate compliance with this Agreement upon request. 10. Conclusion We reserve the right to cancel or suspend your access to the Site, without prior notice, if we determine that your conduct violates these Terms, poses harm to other users of the Site, us, or third parties, or for any other justified reason. 11. Exclusions The Site is offered in its current state without any warranties or guarantees, and its availability is subject to change. We do not provide any guarantees, whether explicit or implicit, about the functioning of the Site or your utilization of the Site. This includes, but is not limited to, guarantees of commercial suitability, suitability for a specific purpose, and non-violation of intellectual property rights. 12. Liability Limitation BPM Global Services, its affiliates, and its licensors, service providers, employees, agents, officers, or directors will not be held accountable for any damages, as allowed by law, that may arise from your use or failure to use the Site. 13. Compensation By using the Website, you accept the responsibility to compensate, protect, and absolve Black Elegance Group, its affiliates, and their respective officers, directors, employees, and agents from any legal claims, liabilities, damages, losses, or expenses that may arise due to your use of the Website or your violation of these Terms. 14. Amendments to These Terms These Terms may be periodically updated. In the event that we make significant modifications, we will inform you by publishing the revised Terms on the Website and amending the “Last Updated” date. Your ongoing utilization of the Website following such modifications signifies your agreement to the updated Terms. 15. Jurisdiction and Applicable Law These Terms are subject to and interpreted in accordance with the laws of the jurisdiction where Black Elegance Group is located, without considering its conflict of law rules. 16. Contact Details If you have any inquiries regarding these Terms, kindly reach out to us at info@blackelegancegroup.com