DEFINITIONS AND INTERPRETATION
In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, the following words and phrases shall have the corresponding meanings assigned to them and cognate expressions shall have similar meanings:
“Business Day” means any day other than a Saturday, Sunday or official public holiday recognised in the Republic of South Africa;
“Conclusion Date” means the date on which the user consents to the Terms provided in this Agreement, whether through tacit acceptance or through implied acceptance;
“Content” means information submitted, created, or stored on the Website;
“ECTA” means the Electronic Communications and Transactions Act 25 of 2002, as amended;
“Intellectual Property Rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Service Provider, now or in the future, including without limitation, Service Provider’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not;
“Party” means the person or entity bound by the agreement in law, with “parties” meaning the plural of the said term;
“Proprietary Material” means all copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website;
“Service Provider” refers to Platinum Software (Pty) Ltd, a private company duly registered and incorporated within the laws of the Republic of South Africa, with registration number 2012/014006/07, with “we” and “our” having corresponding definitions;
“Service Provider Parties” means a collective reference to Service Provider, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors;
“Site Content” means any textual, visual or aural content that is encountered as part of the user experience on the Website, which may include but is not limited to text, images, sounds, videos, and animations;
“User” means any person who accesses the Website;
“Website” means www.theHR StaffApp.com with “site” having a corresponding definition;
“You” corresponds to the meaning of “user”.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
Any reference to a Party shall include a reference to that Party’s assigns expressly permitted under this Agreement and, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be.
Any reference to any legislation is to such legislation as at the Conclusion Date and as amended or re-enacted from time to time and (for the avoidance of doubt) includes all schedules to such legislations and the Regulations published in terms of such legislation from time to time.
The expression “including” and its derivatives (“include” and “includes”) means including but without limitation.
When any number of days is prescribed, such number shall exclude the first and include the last day unless the last day falls on a Saturday, Sunday or official public holiday recognised in the Republic of South Africa, in which case the last day shall be the succeeding Business Day.
Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in this clause 1, effect shall be given to it as if it were a substantive provision in the body of this Agreement.
Where a term is defined within the context of any particular clause in this Agreement, the term so defined shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this clause 1, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause.
The rule of construction that an agreement shall be interpreted against the Party responsible for the drafting or preparation of the agreement, shall not apply in the interpretation of this Agreement.
WEBSITE TERMS AND CONDITIONS OF USE
This document sets out the terms and conditions of the Service Provider pertaining to the access and use of the information, products, services and functions provided on the Website.
Should any person that accesses the Website disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
If you are under the age of 18 (eighteen), you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms before purchasing any products or services.
Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
We will however give you prior notice where we have collected Personal Information from you and the purpose for which we collected that information, is affected by the intended amendment.
If there is anything in these Terms that you do not understand then please contact us as soon as possible – see clause 14 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
Maintenance and upgrades are essential to the ongoing reliability and security of any technology service.
Maintenance activities will be required from time to time, some of which will be service impacting.
Where possible, Platinum Software will perform these activities within scheduled maintenance windows after customer notice has been provided.
The Maintenance window for the Yooma product is on Saturdays between 6pm and 7pm South African Time.
CONTENT OF THE WEBSITE
Service Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
Service Provider reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
Service Provider may use the services of third parties to provide information on the Website. Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
Service Provider does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
whilst Service Provider has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
Service Provider disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Service Provider receives it and statements from external parties are accepted as fact.
LINKED THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT
Service Provider may provide links to third-party Websites on the Website. These links are provided to the user for convenience purposes only and Service Provider does not endorse, nor does the inclusion of any link imply Service Provider’s endorsement of, such Websites, their owners, licensees or administrators or such Websites’ content or security practices and operations.
While Service Provider tries to provide links only to reputable Websites or online partners, Service Provider cannot accept responsibility or liability for the information provided on other Websites. Linked Websites or pages are not under, nor subject to, the control of Service Provider. Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third-party or advertised Websites on the Website.
You agree that Service Provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked Website or any link(s) contained in a linked Website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third-party linked Websites on the Website. Any dealings that you may have with any linked Websites, including advertisers, found on the Website, are solely between you and the third-party Website.
The user hereby agrees that it shall not itself, nor through a third-party:
copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
decompile, disassemble or reverse engineer any portion of the Website;
write and/or develop any derivative of the Website or any other software program based on the Website;
modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause 5, such modifications and enhancements shall be the property of Service Provider;
without Service Provider’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
remove any identification, trademark, copyright or other notices from the Website;
post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
In order to ensure the security and reliable operation of the services to all Service Provider’s users, Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
You may not utilise the Website in any manner which may compromise the security of Service Provider’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by Service Provider against the user.
Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Service Provider and its affiliates, agents and/or partners.
INTELLECTUAL PROPERTY RIGHTS
All proprietary material displayed or created remains the property of, or is licensed to, Service Provider and as such is protected from infringement by local and international legislation and treaties.
By submitting reviews, comments and/or any other content (other than your Personal Information) to Service Provider for posting on the Website, you automatically grant Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
Except with Service Provider’s express written permission, no proprietary material from this Website may be copied or retransmitted.
Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third-party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
Service Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
RISK, LIMITATION OF LIABILITY AND INDEMNITY
The user’s use of this Website and the information contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Service Provider be liable for any loss, harm, or damage suffered by the user as a result thereof. Service Provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Service Provider deem it necessary.
To the extent permissible by law:
Neither Service Provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked Website, even if Service Provider knows or should reasonably have known or is expressly advised thereof.
The liability of Service Provider for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Service Provider rectifying the malfunction, within a reasonable time and free of charge, provided that Service Provider is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of Service Provider. However in no event shall Service Provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
You hereby unconditionally and irrevocably indemnify Service Provider and agree to hold Service Provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Service Provider or instituted against Service Provider as a direct or indirect result of:
your use of the Website;
software, programs and support services supplied by, obtained by or modified by you or any third-party without the consent or knowledge of Service Provider;
your failure to comply with any of the terms or any other requirements which Service Provider may impose from time to time;
the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
any unavailability of, or interruption in, the service which is beyond the control of Service Provider.
Service Provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against Service Provider for any loss suffered by you, as a result of information supplied by Service Provider being incorrect, incomplete or inaccurate.
Your use of our services signifies your consent to us collecting and using your Personal Information as specified below.
We collect information you give us including:
When you register for an account: Information such as your name, addresses, telephone numbers, email addresses or user ID (where applicable) when you register for an account with us;
When we verify you or your account: we may collect and process information (as permitted by law) to authenticate you or your account, or to verify the information that you provided to us;
When you transact on our Website: such as when you post an ad, reply to an ad, information you provide during a transaction or other transaction-based content. We may also collect your financial information (such as credit card or bank account numbers) if you buy a feature from us or are required to pay fees to us;
When you engage with our community: such as when you submit a web form or participate in community discussions or chats;
When you interact with your account: such as updating or adding information to your account, adding items to alerts lists and saving searches. Sometimes you may also give us your age, gender, interests and favourites; and
When you contact us: such as through a web form, chat or when we otherwise communicate with each other. We may also record our calls with you.
We collect information automatically including:
Information from the devices you use when interacting with us or our Website such as device ID or unique user ID, device type, ID for advertising and unique device token;
Information about your location such as geo-location; and
Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information.
We use your Personal Information to provide, improve and personalise our Website.
Your Personal Information allows us to:
Provide you with access to and use of our Site as well as access to your history, internal messages and other features we may provide;
Offer you Site Content that includes items and services that you may like;
Provide you with credit offers and opportunities on behalf of other members of our corporate family and their financial institution partners;
Customise, measure and improve our Website;
Provide other services requested by you as described when we collect the information; and
To provide you with location-based services, such as advertising, search results and other personalised content.
We use your Personal Information to contact you about your account:
To give you customer support about your account such as to troubleshoot problems, to collect fees or monies owed to us, or to get your opinion through surveys; and
For other reasons such as to enforce our Terms or policies and any other agreement we may have with you.
We use your Personal Information to personalise our advertising and marketing, including to:
Personalise, measure and improve our advertising;
Contact you, either via email, telephone, SMS text messages or postal mail to offer you discounts and special promotions from our Service Provider Parties (if you have consented to this contact); and
Deliver targeted marketing, service updates and promotional offers.
We use your Personal Information for legal compliance reasons, including to:
Prevent, detect, mitigate and investigate fraud, security breaches, potentially prohibited or illegal activities.
We will keep your Personal Information as long as we need it for our operations, if your account is active. We may also keep Personal Information from closed accounts to comply with national laws, stop fraud, collect fees owed, assist with any investigation, enforce our Terms and take other actions under applicable national laws. If we no longer need your Personal Information, we securely dispose of it.
Disclosing your information to third parties – we may provide aggregate statistics about our sales, customers, traffic patterns and other Website information to third parties, but these statistics will not include any information that could identify you.
We collect information using cookies, web beacons and similar technologies including:
Information about the pages you view, the links you click and other actions you take on our Website, or within our advertising or email content.
Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
We do not share financial information without your explicit consent.
You can manage your privacy preferences by contacting us at the address set out in clause 14 below.
While we do our utmost to safeguard the Personal Information submitted and collected on this Website, Service Provider and Service Provider Parties are exempted from liability in the event of Personal Information being compromised through, but not limited to, data theft, data loss, data deletion, or data hacking.
By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Service Provider. You shall notify Service Provider should you discover any loss or unauthorised disclosure of the information.
Any information or material sent to Service Provider will be deemed not to be confidential, unless otherwise agreed in writing by the user and Service Provider.
BREACH OR CANCELLATION BY SERVICE PROVIDER
Service Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Service Provider’s right to claim damages, should any user:
breach any of these Terms;
in the sole discretion of Service Provider, use the Website in an unauthorised manner; or
infringe any statute, regulation, ordinance or law.
Breach of these Terms entitles Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Service Provider on an attorney and own client scale.
COMPLIANCE WITH SECTION 43(1) OF ECTA
In compliance with section 43(1) of ECTA, the following is noted:
(Depending on the nature of the transactions to be carried out on the Website, the following may also have to be included: a description of the products or services; a complaints and disputes procedure; Service Provider’s policies; provision for the cooling-off period in section 44 of ECTA; provision for the application of the National Credit Act 34 of 2005).
COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this Website.
Except as explicitly stated otherwise, any notices shall be given by email email@example.com (in the case of Service Provider) or to the e-mail address you have provided to Service Provider (in your case), or such other address that has been specified.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English.
All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, Service Provider may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.
You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
RESTRICTIONS ON USE
In addition to all other terms and conditions of this Agreement, you shall not:
post links to third-party sites or use their logo, company name, and the like, without their prior written permission;
publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
use the Website in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Service Provider;
violate any applicable local, national or international law; or
create a false identity to mislead any person as to the identity or origin of any communication.
INACTIVE USER ACCOUNTS POLICY
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 (one hundred and twenty) days. In the event of such termination, all data associated with such user account will be deleted.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you.
Unless specifically permitted by you, your use of the Website does not grant Service Provider the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Service Provider’s commercial, marketing or any similar purpose.
You do, however, grant Service Provider permission to access, copy, distribute, Store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Website to you.
USER GENERATED CONTENT
You may transmit or publish content created by you using the Website or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication.
Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
Any content that you may receive from other users of the Website, is provided to you as is for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
In the course of using the Website, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.
By making any copyrighted/copyrightable content available on the Website you affirm that you have the consent, authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Service Provider will have the right to block access to or remove such content made available by you if Service Provider receives complaints concerning any illegality or infringement of third party rights in such content.
By using the Website and transmitting or publishing any content, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Service Provider for this purpose.
SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through the Website.
You agree not to use the Website for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.
You agree not to use the Website for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email.
We reserve the right to terminate your access to the Website if there are reasonable grounds to believe that you have used the Website for any illegal or unauthorised activity.
FEES AND PAYMENTS
The Website is available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made by Credit Card and/or EFT
Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription.
At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you.
We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least 7 (seven) days prior to the renewal date.
From time to time, we may charge for use of the Website that is currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Service Provider has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Service Provider may terminate your user account and refuse current or future use of any or all of the Website.
Service Provider does not make any warranties or promises about the Site or Site Content. For example, information on this site may not be current, or complete when you visit the Site and it may contain errors and inaccuracies. Additionally, we do not make any commitments of the Site’s functionality, availability, reliability or ability to meet your needs.
Service Provider provides the Site and Site Content “as is” and for your use at your own risk. Some jurisdictions provide certain warranties, such as non-infringement, merchantability, and fitness for a particular purpose. To the extent we are permitted by law, Service Provider disclaims all warranties, whether express implied, or statutory, including all the warranties listed above, and any warranties of title, accuracy, and quiet enjoyment. The demo features and tools are offered solely for experimental purposes and are without any warranty of any kind.
You agree to indemnify and hold Service Provider and Service Provider Partners harmless from any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of:
your Content; or
your violation of any applicable laws, rules or regulations.
Service Provider reserves the right, at its own cost, to assume the exclusive defence and control of any matter requiring indemnification by you, in which event you will fully cooperate with Service Provider in asserting any available defences.
You agree that the provisions in this section will survive your access or use of the Site.
Service Provider is indemnified from any claims or damages arising out of the User contracting with any third-party through the use of this Website.
LIMITATION OF LIABILITY
You understand and agree that except where prohibited in no event will the Service Provider parties be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Site or the Site Content, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not a Service Provider party has been advised of the possibility of such damages, on any theory of liability.
The Service Provider Parties’ total cumulative liability in connection with these Terms, the Site, or the Site Content, whether in contract, delict, or otherwise, is zero.
INTERNATIONAL SITE VISITORS
The Site can be accessed from countries around the world and may contain references to products and services that are not available in your country. These references do not imply that Service Provider intends to provide any product or service offerings in your country.
We control and operate the Site, the Site Content and our offerings from our facilities in the Republic of South Africa. Service Provider makes no representations that the Site, the Site Content and any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use Site or the Site Content from other jurisdictions do so at their own volition and are responsible for compliance with all applicable laws.
We may change these Terms from time to time for any reason. If we make any changes, we will change the Last Updated date (found above) and post the new Terms.
Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any particular provision of these Terms is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect.
This Website is controlled, operated and administered by Service Provider from its offices within the Republic of South Africa. Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of numerous factors which are outside of our control.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
Service Provider’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third-party without the prior written consent of Service Provider.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The headers to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.
In the event of any dispute or difference arising between the Parties relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, a nominee of each of the Parties shall meet to attempt to settle such dispute or difference within a period of 10 (ten) Business Days from receipt of a letter from either Party to the other Party requesting such meeting.
In the event that the respective Parties’ nominees fail to resolve the dispute or difference within a period of 10 (ten) Business Days from meeting as stated in clause 27.1, then such dispute or difference shall be finally resolved by arbitration in accordance with the Arbitration Act, Act 42 of 1965.
The arbitration shall be held in Pretoria and the proceedings conducted in English.
The Parties shall agree on the appointment of a single arbitrator. If such appointment is not agreed to within 5 (five) Business Days after receipt of written notice from a Party requesting such agreement, either Party may request that the President of the Law Society of the Northern Provinces (or any successor to such society) make the necessary appointment.
The Parties undertake to keep the arbitration, including the subject matter of the arbitration and the evidence heard during the arbitration, confidential.
Notwithstanding anything to the contrary anywhere else in this Agreement, nothing in this clause 27 shall preclude any Party from seeking interim relief on an urgent basis in any court having jurisdiction.
The Parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria in respect of the proceedings in this clause 27 and such court shall have jurisdiction to enforce any award made by an arbitrator under this clause 27.
These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.