Terms and ConditionsLast updated: April 2nd, 2019
This agreement, as well as, the terms and conditions contained herein constitute the entire agreement between you and Honest Care (Pty) Ltd, a South African private company (2018/353613/07) incorporated in terms of the company laws of the Republic, hereinafter referred to as “the Company”.
Statements, representations, warranties or agreements not expressly set forth in this agreement shall not affect or be used to interpret, change or restrict the express terms and provisions of this agreement.
By using any of the services supplied by the Company, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time on Honestcareworld/terms or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software at least 14 days before they become effective. You are responsible for regularly reviewing this Agreement.
Continued use of the Service or Software after any such changes have been effected shall constitute your consent to such changes.
The Company is merely a communications platform that connects individuals seeking childcare services and those seeking to provide such services and DOES NOT PROVIDE CHILDCARE SERVICES. IT IS UP TO THE THIRD PARTY CHILDCARE PROVIDER TO OFFER CHILDCARE SERVICES WHICH MAY BE FOUND THROUGH THE USE OF THE SOFTWARE OR SERVICE.
THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY CHILDCARE SERVICES, BUT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CHILDCARE SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
The Company checks the backgrounds of childcare service providers through third party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, honesty, quality or suitability of such childcare service providers.
The company conducts in persona interviews of the childcare professionals but does not take responsibility of the quality in childcare or service provided by childcare professional. All hires are conducted through the discretion of the parent and family
The Company does screen individuals seeking childcare services but Neither the company nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any user of the service. The company and its affiliates and licensors will not be held liable for any claim, injury or damage arising out of the use of the service.
When interacting with childcare service providers one is to exercise caution and common sense to protect your personal safety, the safety of your children and property. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved in using the Honest care mobile application or website.
By agreeing to these terms and conditions. You as the Honest care user agree to be contacted by Honest care users for job applications and interview requests. You have given your information to the company as a form of consent to share with fellow users for future work and for the ability to find childcare
Representations and Warranties
By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. In the event that you reside in a jurisdiction that restricts the use of the Service due to age, or restricts the ability to enter into agreements such as this one as a result of your age, you are to abide by such age limits and you are prohibited from using the Software and Service.
Without limiting the foregoing, the Service and Software is not available to person under the age of 18 or those who are not capable of entering into binding contracts.
By using the Software or Service, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
Your participation in using the Service and/or Software is for your sole personal use. One may not authorise others to use their user status, or assign or otherwise transfer their user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws of the country, province and city in which you are present while using the Software or Service.
You may only access the Service using authorised means and it is your responsibility to ensure that you download the correct Software for your device. The Company is not liable in the event that you do not have a compatible handset or if you have downloaded the incorrect version of the Software for your handset.
By using the Software or the Service, you agree that:
- You will only use the Service or Software for lawful purposes and will not use the Service for sending or storing any unlawful material or for fraudulent purposes.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Software in any way whatsoever
- You will not copy, or distribute the Software or other content without written permission from the Company
- You will keep your account password secure and confidential or any identification provided to you which allows access to the Service.
- In the event of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password, you are required to notify the Company immediately of such breach and you are responsible for third parties who use your account or identity; unless and to the extent that the Company are at fault.
- You will provide us with whatever proof of identity the Company may reasonably request.
- You will only use an access point or data account that you are authorised to use.
- When requesting childcare services through the mobile app and/or website, you opt-in to be charged data or airtime prices by your service provider
License Grant & Restrictions
The Company hereby grants you a non-exclusive and non-transferable right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorised access to the Software or Service or its related systems or networks.
Any fees which the Company may charge you for the Software or Service are due prior to your use of the software in order to find a childcare professional, and are non-refundable.
This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any other reason whatsoever.
The Company reserves the right to determine final prevailing pricing and the pricing information published on the website/mobile app may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for your Service as and when we deem necessary for our business. We encourage you to check back at our website/mobile app periodically about how we charge for the Service.
Use of the Service
Where we describe Service Providers as “vetted” or similar, we are promising only that we have carried out certain checks as specified on our Website/mobile app at the time you use the mobile to find a childcare professional and that those checks did not reveal any cause for concern.
You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate nor can we guarantee that the Service Providers are otherwise suitable for your purposes. Use of the Service Providers is at your own risk.
Supply of Services:
- Your use is an offer that is only accepted when the Company sends you an email on behalf of one of your selected Service Providers confirming your use.
- You agree to treat Childcare Providers courteously and lawfully.
- You agree to provide a safe and appropriate working environment for Childcare Providers in compliance with all applicable laws and regulations and that you will provide reasonable co-operation to Service Providers to enable them to supply the required Services.
- You agree to communicate any complaints to the Company and not the Service Provider
- You agree to comply with our complaint and other policies on our Website as may be varied from time to time.
- You acknowledge that your nominated Childcare Provider may be unavailable from time to time due to through illness, vacation or finding other part time work.
Payment for Services / Cancellation by You:
- You are required to maintain a valid cheque or credit card registered on our Website.
- You are required to ensure that all contact and payment information (eg email address, physical addresses, cheque / credit card numbers) which you provide is accurate and not misleading and that you will update it as and when there are any amendments.
- Prices include any applicable VAT or other sales tax unless otherwise stated.
- We may at any time change the prices and notice via email will be given at least one month before any price change takes effect.
- In the event that you do not accept the revised fee, cancellation of this agreement is to be effected within the aforementioned notice period or the Services supplied after the expiry of the one month’s notice will be at the new price.
- The Company is permitted to charge your credit or debit card the 30 day fee of R549 (Five hundred and forty nine rand) or the yearly subscription of R59.99 per month (fifty nine ninety nine rand) or R99.99 per month (Ninety nine ninety nine rand).
If any amount due by you is unpaid, we may:
- Charge reasonable additional administration costs; and/or
- Charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the National Credit Act of 20015, and/or
- Arrange of the supply of Services to be suspended; and/or
- Cancel this agreement on written notice.
The Company may at any time without cause cancel any particular use of the website/mobile app or this agreement as a whole including your right to use our Website, giving notice by email to the extent reasonably practicable.
In the aforementioned event, the Company will refund any amounts due to you for outstanding appointments that have been duly paid for.
Following the cancellation of this agreement, accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply and attempts to re-register for or continue to use our Website/mobile app are prohibited.
- You are responsible for your Content
- You are prohibited from publish or send any Content (including links or references to other content) which is threatening, harassing, invasive of privacy, defamatory, offensive, racist, hateful, discriminatory or abusive or which we otherwise consider to be inappropriate;
- When a review is posted, it is to be your independent, honest, genuine opinion.
- In the event that a childcare professional provides a review from a previous employer, it is required to be from a genuine previous employer.
- By posting content in relation to services effected by this agreement, you give us the required rights and permission to enable us to use your Content as contemplated by the Website/mobile app and these terms and conditions.
- We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. In the aforementioned event, attempts to re-publish or re-send the relevant Content are prohibited.
- We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
Content of other Users:
- We do not endorse or recommend any Reviews by other Users. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Reviews.
Functioning of our Website/mobile app:
- We cannot guarantee that the Website/mobile app will be uninterrupted or error-free.
- We are entitled, without notice and without liability, to suspend the Website for repair, maintenance, improvement or other technical reason.
We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- Such loss or damage was not reasonably foreseeable by both parties;
- Such loss or damage is caused by you and you will be liable for any reasonably foreseeable loss or damage arising from your breach of this agreement or misuse of our Website
Employment and Tax
Honest care is not an employment service and does not serve as an employer of any User or Childcare Provider. As such, The company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with the use of these Services. You understand and agree that if the company is found to be liable for any tax or withholding tax in connection with these Services, then the Childcare Provider will immediately reimburse and pay to the company an equivalent amount, including any interest or penalties thereon.
Intellectual Property Ownership
The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service.
To the extent that you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company.
The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
Gift Vouchers, Coupons, Third Party Vouchers and Referral Bonus Program Terms
The Company may from time to time make electronic gift vouchers (“Gift Vouchers”) and electronic promotional coupons (“Discount Vouchers”) available for use on the platform towards the creation of an order.
The Company may also from time to time offer referral bonuses (in the form of credit) for use of the platform to Users who refer the Company to their friends and acquaintances and meet certain further requirements (“Referral Bonuses”). This is called “Invite & Earn” on the platform.
Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
General rules and terms:
- A User must have created a valid account for use of the platform;
- Referring friends and acquaintances who already have accounts with the Company do not count or qualify;
- A User may only sign up one email address belonging to yourself for the purposes of benefitting from promotional coupons.
- The User may not create fictional profiles, email addresses or accounts, or otherwise abuse the platform;
- A User may not sign up for an account on behalf of a friend or acquaintance, nor may A User sign up using a friend’s or acquaintance’s email address.
- Each User who signs up as A User must sign up as him- or herself with full knowledge that he/she is creating an account;
- A User may not use someone else’s account in order to create an order for yourself via The Platform; and
- Any abuse or attempted abuse of vouchers, coupons and the Referral Bonus Program in contravention of these Terms and Conditions may amount to theft and will be dealt with harshly.
- Without prejudice to any other remedies it may have, the Company reserves the right to suspend or terminate A User’s account if they are have breach or are suspected of breaching these Terms and Conditions.
- From time to time the Company will run promotions. For each promotion there will be specific Terms and Conditions. Promotions may require The User to apply the stated Promotional Coupon to the order booked via The Platform during the booking process. The Company may not be held liable in the event that The User does not apply The Coupon when creating the order during the payment process and this Coupon cannot be added manually by The Company to any existing order created by The User.
Promotional Coupons (“Discount Vouchers”):
- Coupons are issued electronically at The Company’s sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Coupon itself:
- A Coupon can only be used once by A User, with promotional offers on The Platform;
- Only one Coupon can be used per User/email address/residential address unless The Company specifies otherwise; and
- The value of the Coupon will be set off against the value of the payment tier chosen and the balance remaining, if any, will be payable by you.
- Multiple user accounts may not be set up in order to use one-use Coupons multiple times.
- Only one Coupon may be used against an order created for a single residence, address, property.
- The Company cannot be held responsible or liable where any user has not applied a Coupon to an order created during the booking process via The Platform and this Coupon cannot be added manually by the Company to any existing order created by A User.
- Where a Coupon has been applied to an order booked and The User elects to cancel this order, the Coupon value will be forfeited and cannot be activated for use against a different order booked.
- A Coupon can only be applied to a payment created during the promotional period, and The Company will not apply any Coupon to an existing order created.
- Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.
Third Party Reward Vouchers (“Third Party Vouchers”):
- Third party reward vouchers, assigned under customer account by Honest care, are subject to the third-party entity’s vouchers Terms and Conditions.
Referral Bonus Program (Invite & Earn):
- Users will be given a code that you may share with friends and acquaintances for use against a Professional Service.
- Referral Bonuses are valid indefinitely. Referral Bonuses can be redeemed on the Honest care Platform.
- Where a successful order is created with a referral code and completed and paid for in full, you will be rewarded with referral credits.
- The Company cannot be held responsible or liable where A User has not applied your unique code during the booking process and this referral code cannot be added manually by The Company to any existing order created by A User.
- A User’s unique code may only be used by your friends and acquaintances and A User may not use their own code against an order for your own home.
- Multiple referral codes may not be used to create multiple orders for the same residence.
- The Company referral credits are redeemable only for The Service.
- The Company referral credits have no cash value and are not redeemable for cash unless otherwise required by law.
- Referral Bonuses cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to.
- Referral Bonuses do not accrue interest and are not refundable for cash once purchased.
- If your Referral Bonus is insufficient for the order you create, you may make up the difference by paying via one of our other payment methods.
- The Company reserves the right, in its sole discretion, to change the rules around the Referral Bonus Program (including without limitation the value of any Referral Bonus) without prior notice, and to cancel or revoke any Referral Bonuses at any time.
- Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section or other Terms and Conditions for The Company.
Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service.
Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You acknowledge, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidise the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify the Company in writing.
The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of childcare services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement.
The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
Disclaimer of Warranties
The company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. The company does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software (including any cleaning services) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service (including any cleaning services) will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components.
The service and software is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
The company's service and software may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
The company will not be held liable in respect of a claim arising in terms of this Agreement or any other agreement between the Service Provider and you (whether arising from negligence, breach of contract or otherwise howsoever) in the Contract period.
In no event shall the Company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage).
The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
The company may introduce you to third party cleaning service providers for the purposes of providing cleaning services. We will not assess the suitability, legality or ability of any third party cleaning service providers and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party cleaning service provider. The company will not be a party to disputes, negotiations of disputes between you and such third party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service.
The quality of the childcare services services scheduled through the use of the service or software is entirely the responsibility of the third party provider who ultimately provides such cleaning services to you. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
By using the service or software, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not think they are reasonable, you must not use the service or software.
The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): 22 sloane street, Bryanston, Johannesburg, addressed to the attention of: Chief Executive Officer.
Controlling Law and Jurisdiction
This Website is controlled, operated and administered by Honest Care from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the Services sold on the Website is illegal is prohibited. You may not use this Website in violation of South African laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Johannesburg High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between you and Honest care with regard to the use of the Content and this Website.
Dispute ResolutionINFORMAL NEGOTIATIONS.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and the company on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Honest Care, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. You acknowledge and agree that you and the company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.
You accept that, as a corporation, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company's officers or employees in respect of any losses you suffer in connection with the Service or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
Breaches of these terms and conditions
Without prejudice to the Company's other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.
If you have any complaints, please contact us via the contact details shown on our Website or write to us at:
Private and confidential information
All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.
The company (also called the service provider), all the parties to this agreement, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that
- One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
- Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
- Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.
- Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain.
For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:
(a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;
(b) where applicable, any and all data and business information;
(c) where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and
(d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.
By signature hereunder, all parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you irrevocably agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain. Further it is specifically agreed that the service provider will use its best endeavors and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has been provided.
It is agreed that such information may be placed in the public domain and by signature hereunder, all parties acknowledge that they have read all of the terms in this policy and that they understand and agree to be bound by the terms and conditions as set out in this agreement.
It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.