Agreement Framework
Terms and Conditions
By using our online products and services you agree to the following framework. Please do not order our products or services if you do not agree with all of the terms and conditions outlined below.
A. General terms and conditions
1
Intended usage
- Our products and services are intended for adult residents of South Africa only.
2
Not legal advice
- We are not a legal practice. We do not provide legal advice or legal services.
- We provide general information that may or may not apply to your situation.
- You should consult a legal practitioner to determine to what extent, if any, information in our products and services may apply to you.
3
Payment and pricing
- All transactions will be processed in SA Rand.
- We reserve the right to change pricing without notice. Pricing changes will only affect future orders.
- We accept MasterCard, Visa and EFT through the payment gateway PayFast.
- To view PayFast's security measures please visit the PayFast site.
4
No warranties
- We disclaim any warranties to the extent permitted by applicable law.
5
Direct liability limitation
- You agree that our maximum liability to you for any direct loss or damage that you may suffer will be limited to what you paid for the products or services.
6
Indirect liability limitation
- We are not responsible for indirect damages related to the use of our products and services.
7
Indemnity
- You agree to indemnify us against all liability related to your use of our products and services.
8
Your Information
- You agree to provide us with true and accurate information.
- We require your contact details and address for order processing and financial reasons.
9
Legal capacity
- You acknowledge that you have the legal capacity to use our products and services.
10
Orders
- We will only begin processing your order when we receive full payment.
- We will email you a record of your order. You may also access your orders in the 'my profile' section of our website for a minimum period of 3 months.
11
Cancellation and cooling off in terms of s44 of the ECT Act
- Should you wish to cancel your purchase you may do so within 7 days, from receipt of the goods, or placing your order in case of services.
- The cancellation must be in writing and signed by the person who placed the order.
- We may need to cancel your order, in which case we will refund you for the order.
12
Third party products or services
- We do not endorse any third party products or services.
13
Ownership
- We remain the owner of all content we provide within our products and services except for third party trademarks which remain the property of their respective owners.
- Any data you provide within our products and services remain your property. You provide us with a license to use your data to provide with our products and services.
14
Security
- You may not disrupt, or attempt to disrupt or compromise the security or stability of any part of our website.
- You may not access, or attempt to access, any part of our website except through the interface we make available to you.
- We employ a variety of security measures to safeguard your personal information including authentication, hashing and SSL.
15
Breach
- If you breach these terms we reserve the right to take appropriate action.
- Breach in respect of one order will constitute breach in your other orders.
16
Disputes
- Either party can raise a dispute in writing.
- You agree that disputes will be negotiated, failing which mediated and failing which referred to arbitration.
- Click here to see the Rules for Expedited Arbitration on the Arbitration Foundation of SA site.
17
Whole agreement
- These terms and conditions are our whole agreement.
18
Changes and notices
- From time to time it may become necessary to make changes to this agreement. It is your responsibility to periodically check our website for any changes.
- Both parties agree to communicate via email.
- Both parties choose their street address as legal delivery address. Either party can change this address in writing with 7 day notice period.
19
Commencement
- These terms and conditions will be in force from the time that you accept them.
20
Impossibility
- Neither party is responsible for a breach of these terms and conditions due to circumstances beyond their control.
21
Governing law & jurisdiction
- This agreement is governed by South African Law.
- You consent to Magistrate Court jurisdiction.
B. Terms and conditions that apply only to physical products
1
Risk and ownership
- Ownership passes to you when we receive full payment.
- Risk passes to you when the product leaves the location where it is shipped from.
2
Shipping
- We usually ship within 7 days.
- The estimated shipping period is shown in the shopping cart.
- Every effort is made to deliver your product on time, however unforeseen problems may delay shipping and delivery. If this occurs we will contact you via email.
- Please ensure that you specify the correct delivery address. We are not responsible for incorrect shipping details supplied to us.
3
Undeliverable packages
- If the product returns to us undelivered we will attempt to contact you to make alternative shipping arrangements.
4
Refunds / returns
- If you cancel your order before shipping we will refund you the full price of the order minus a 15% handling fee.
- If you cancel your order after shipping we will refund you the price of the order, minus shipping and handling, the return shipping and a 15% handling fee, after we receive the product.
- In order to receive a refund the product must me returned to us (at your own expense) undamaged and in the original packaging within 14 calendar days of purchase.
- We recommend using a method that offers package tracking as returned products that are lost en route will not be refunded.
C. Terms and conditions that apply only to online software products (software as a service)
1
Online software products
- Online software products and services are those that are primarily accessed through the internet. Our 'Link' and trainings products are online software products / services.
2
Right to use
- We provide you with a limited right to use the software products and services that are specified in your order.
- Your right to use the software products and services will commence upon receipt of full payment, or upon order completion in the case of free software / services.
- We may terminate your right to use the software products and services should you breach this agreement.
3
Duration
- The duration of the right to use our the software product or service is specified in your order.
- Should the order fail to specify a duration the default duration will be 3 months.
- Once the initial cancellation period in A(12) is past, we will not refund you for the time remaining on your right to use, even if you cease to use the products or services.
4
Access
- You are responsible for acquiring and maintaining the hardware and software necessary to use our products & services.
5
Availability
- We endeavor for the products and services to be available during working hours but cannot guarantee availability.
- We reserve the right to interrupt our service to you for maintenance purposes. We will endeavor to give you advance notice, but a lack of notice does not constitute a breach on our part.
- Should the product or service be unavailable when you try to access it please log a support request.
6
Support
- We require your contact details for support purposes.
- We will acknowledge all support requests within one business day.
- We usually respond to support requests within 5 business days.
D. Terms and conditions that apply only to installed software products
1
Downloaded software products
- Installed software products are those that are downloaded and installed on a user's computer and primarily accessed locally. Our 'Find' product is a downloaded software product.
2
License
- We provide you with a limited license to install and use the software products as specified in your order.
- Your license will commence upon receipt of full payment, or upon order completion in the case of free software.
- We may terminate your license to install and use the software products should you breach this agreement, in which case you must destroy the software.
- You may install the software on the number of computers specified in your order.
- You are not allowed to otherwise reproduce or distribute the software.
- You may not transfer this license to a third party without written consent.
- You may not reverse engineer the software or make any changes to the user interface or functionality of the software.
3
Duration
- Your license does not expire unless you cancel your order in terms of A(12) in which case you must uninstall and cease to use the products.
- Once the initial cancellation period in A(12) is past, we will not refund you, even if you cease to use the products.
4
Maintenance
- We require your contact details for maintenance & support purposes.
- Your license includes free updates for a period of 1 year after purchase.
- It is your responsibility to check for, download and install updates from our website.