Terms & Conditions
Please read our Terms and Conditions.
“Customer Data” means all data, information and materials provided by Customer for use by the Company.
“Dashboard and/or Online Platform” means the Company’s free Wi-Fi online platform.
“Digital Asset” means any Customer provided item of text or media that has been formatted into a binary source.
“User(s)” means the number of employees or Consultants of Customer identified on an Order Form who are given password-protected access to the Subscription by an Authorized Administrator.
2. ONLINE REGISTRATION
Your registration on this site is subject always to the sole and unfettered discretion of the Company who may at any time terminate your registration.
The onus is on you to keep your password private and confidential to prevent unauthorised use. The Company will not be liable to you for any loss or damage arising from your failure to keep your password confidential or for any unauthorised use thereof.
Upon being notified in writing that your password has been compromised, the Company will immediately disable the password and will allow you to select a new password.
3. ACCEPTANCE OF TERMS
This Web Site is owned and maintained by Gondwana Plus (Pty) Ltd and/or one or more of its affiliates (the “Owner”, “we”, “us” or “our” or “the Company”).
This website provides users with access to an online collection of information and materials. These materials may include policy forms and other information related to certain products and services (“Products and Services”) offered by the Company. The website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other information (collectively, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this website (“Software”).
The information contained on this website is not for use within any country or jurisdiction or by any persons where such use would constitute a violation of law. If this applies to you, you are not authorized to access or use any of the information on this Web Site.
4. ACCESS AND CONTENT
Limited License and Site Access – The Owner hereby grants you a limited license to access and make personal use of this website but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of the Owner. This license does not include any resale or commercial use of this website or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this website nor any portion of it may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner or its affiliates without their express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Company’s names or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by the Owner.
5. FEES AND PAYMENT TERMS
Fees: Unless otherwise provided in an any agreement negotiated and entered into with the Company, the Company may invoice the Customer for all fees and all other charges. All fees are in South African Rands and all payments must be submitted in Rands, unless specified to the contrary, in writing.
Payment Due Date: payment from a Customer is due within thirty (30) days from the date of invoice.
Late Payment: For any late payment, Customer may be required to pay interest at the legal prescribed rate prevailing at the time, per month (prorated for partial periods). In addition to other rights and remedies available to the Company hereunder together with cost of collection (including reasonable legal fees), the Company may suspend a Customers Ad Campaign on its Online Platform or stop providing Services if the Customer does not correct any delinquent amounts within ten (10) days of receipt of written notice of non-payment, alternatively, within the prescribed breach notice period in its agreement with the Company. Any suspended Services will be promptly restored following the Company’s receipt of all delinquent amounts. Suspension under this clause will not constitute a termination of this Agreement, nor will it relieve the Customer of obligations or liabilities under any Agreement.
In the event that you cancel your payment for any reason or should your card cease to be valid for any reason whatsoever, you will remain bound to pay to the Company the full purchase price, including all costs incurred by it relating to the recovery thereof.
Without prejudice to any other rights or remedies in law, the Company shall be entitled to cancel forthwith services if you should breach any of your obligations.
7. CUSTOMER OBLIGATIONS
Prohibited Uses and Customer Restrictions: the Customer must not modify, rent, sublease, sublicense, assign, use as a service bureau, copy, lend, adapt, translate, sell, distribute, derive works from, decompile, disassemble or reverse engineer the Company’s Technology provided under any agreement with the Company, except as explicitly permitted. Customers must not:
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs in, to or from the Company’s Technology;
interfere with or disrupt the integrity or performance of the Company’s Technology, or the data contained therein;
use the Technology in a manner inconsistent with its applicable documentation; or
attempt to gain unauthorized access to the Technology or related systems or networks.
8. OWNERSHIP, RIGHTS & CONFIDENTIAL INFORMATION
Customer Ownership and License: As between Customer and the Company , and subject to the rights of the Company set forth below, the Customer owns all right, title and interest in and to all of the Customer Data and all Customer provided marketing plans, designs, images, templates, sketches, artwork, logos, trade names, trademarks, and website or email text copy and type (“Customer Content”). The Customer has sole responsibility for the accuracy, quality and right to use of all Customer Data and Customer Content. The Customer grants to the Company and its suppliers a non-exclusive, fully paid-up license to use, reproduce, store, modify and publicly display Customer Data and Customer Content, to the extent necessary for the Company and its suppliers to perform their obligations under this Agreement.
Results: The Customer acknowledges and agrees that the Company may (a) anonymize and aggregate benchmarking results of Customer use of the Company Technology with results of other customers’ use (collectively “Results”); and (b) use and disclose the Results for any purpose provided that the Results do not individually identify the Customer or the Customer Data.
The Company Ownership: As between the Customer and the Company , the Company and/or its licensors are the sole owners of all right, title and interest in and to the Company Technology. If Customer provides any feedback, comments, suggestions, ideas, requests or recommendations for modifications or improvements to the Company Technology (“Feedback”), the Customer hereby assigns and agrees to assign all right, title and interest in any such Feedback to The Company to be used for any purpose. All rights not expressly granted to the Customer hereunder are reserved by The Company and its licensors.
Confidential Information: “Confidential Information” means any information disclosed by one party (“Discloser”) to the other party (“Recipient”), either directly or indirectly, in writing, orally or by inspection, which is designated as “Confidential,” “Proprietary” or some similar written designation or otherwise reasonably identifiable as confidential information. Information communicated orally will be considered Confidential Information if the information is identified as being Confidential Information at the time of disclosure. Notwithstanding the foregoing, the following is deemed the Company’s Confidential Information with or without marking or written confirmation: (a) the Company Technology, product and service information, pricing information, and other related materials furnished by The Company ; (b) the oral and visual information relating to the Company Technology; (c) tools, materials, documentation, whitepapers, guides, data sheets, training materials, methodology, source code, meta data and (d) the terms and conditions of this Agreement. This Agreement imposes no obligation upon a Recipient with respect to Confidential Information that: (a) is or becomes publicly available through no breach of this Agreement by Recipient; (b) is already in the possession of Recipient at the time of disclosure as shown by Recipient’s files and records immediately before the time of disclosure; (c) is obtained by Recipient from a third party without obligation of confidentiality; or (d) is independently developed by Recipient without use of or reference to Discloser’s Confidential Information, as demonstrated by Recipient’s documents. Recipient will only use Discloser’s Confidential Information to exercise its rights or perform its obligations under this Agreement and will protect Discloser’s Confidential Information by using the same degree of care that Recipient uses to safeguard its own confidential or proprietary information of a like nature from unauthorized use, disclosure, or dissemination, but not less than a reasonable degree of care. Recipient will restrict access to Discloser’s Confidential Information to Recipient’s employees and Consultants who require such access in the course of their assigned duties and responsibilities and who have been informed of Recipient’s obligations of confidence and have agreed in writing to preserve confidentiality of such information under terms and conditions no less restrictive than those set forth herein, provided that Customer must not permit a competitor of The Company to access The Company’s Confidential Information without The Company’s prior express written approval. If Discloser’s Confidential Information is required to be disclosed under any law or judicial order, Recipient will (to the extent permitted by law) give Discloser prompt notice thereof and use its commercially reasonable efforts to seek or cooperate with Discloser in seeking a protective order at Discloser’s request and expense. Each party acknowledges that any unauthorized disclosure or use of the Confidential Information may cause the other party irreparable harm and that such party will be entitled to seek injunctive relief in the event the other party does not fulfill its obligations under this Section.
9. SECURITY POLICY
While the Company takes all reasonable steps to protect your personal information or details as the data travels over the internet, there is no 100% secure transmission of data on the internet. The Company accordingly does not guarantee the absolute security of any information you transmit to it or which it transmits to you.
10. INTELLECTUAL PROPERTY
All intellectual property rights in all material, including logos and other graphics which form part of this site, save in respect of those trademarks, trade names and logos owned by suppliers of the Company whose goods are sold via this site, are reserved in favour of the Company.
Ownership is and to all data and information communicated to or from this site and/or any site information and database(s), is reserved in favour of the Company.
You may, in terms of this Agreement, view, electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with the Company for your personal use only.
It is unlawful for you to use of materials on this site for any other reason, including but not limited to the reproduction for purposes other than those stated above, modification, distribution or reproduction, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (if applicable).
11. DISCLAIMERS AND EXCLUSIONS OF LIABILITY
BEFORE USING THIS SITE IT IS IMPORTANT THAT YOU GIVE CONSIDERATION TO THE FOLLOWING TERMS AND CONDITIONS:
You expressly agree that use of this site and the internet is entirely at your own risk. This site and its contents are provided on an “as is” and “as available” basis and the Company makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the this site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.
The Company disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
The Company does not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.
Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Company’s negligent (including grossly negligent) acts or omissions or those of its employees, agents or designees or other persons for whom in law it may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the goods, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the goods or the use or reliance upon the site (including any information contained thereon) or the Internet.
You agree and hereby indemnify the Company and keep the Company fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of goods supplied by the Company pursuant to any such order.
Notwithstanding any other provisions contained herein, the Company’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than the monetary value of the order in respect of which any such dispute or claim arises.
Prohibited Uses: You may use our Website only for lawful purposes. You may not use this site:
in any way that breaches any applicable law or regulations;
in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm any individual in any way;
to send, receive, upload, download, use or re-use any material which does not comply with our content standards;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to create liability for us in any way; or in any way that causes us to lose (in whole or in part) the services of our ISPs or other suppliers; and
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
not to access without authority, interfere with, damage or disrupt any part of our website; or any equipment or network on which our website is stored; or any software used in the provision of our Website; or any equipment or network or software owned or used by any third party.
13. SUSPENSION AND TERMINATION
This website is owned by the Company.
The content contained on this site may be used by you for your own personal us and information purposes only.
In using this site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you hereby indemnify the Company for any damage caused by any such act attributable to you.
The Company may suspend the site or any part thereof or terminate your membership at any time if the Company should determine that the site is not being used by you in compliance with this Agreement.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.
No amendment or consensual cancellation and no extension of time, waiver or relaxation of any of the provisions or terms of this Agreement shall be binding unless recorded in writing and signed by the authorised representative of the Company.
The Company shall not be bound by an express or implied term, representation, warranty, promise or the like not recorded in this Agreement.
You hereby waive the defence of prescription in respect of any claim that the Company may have against you.
12.9. If any provision of this Agreement is rendered void, illegal or unenforceable in any respect under any law it shall be severable from this Agreement, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternative provision to the void, illegal or unenforceable provision.
Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of the Company’s rights or remedies.
Should you be in default of the terms of this Agreement, the Company will be entitled in its sole discretion to institute action against you in any competent court of law and you hereby consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of Act 32 of 1944, as amended.
You agree that the amount due and payable to the Company shall be determined and proven by a certificate issued by the Company and signed on its behalf by any person duly authorized, which authority need not be proven. Such certificate shall be binding prima facie proof of your indebtedness to the Company. Such certificate shall be sufficient for purposes of judgment, provisional sentence or any other legal proceedings.
You hereby agree that the Company shall not be required to furnish security in terms of Rule 62 of the Magistrate’s Court Act 32 of 1944 and Rule 47 of the Supreme Court Act 59 of 1959.
You shall be liable for all costs incurred by the Company in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief, whether incurred prior to or during the institution of legal proceedings or if judgment has been granted, in connection with the satisfaction or enforcement of such judgment.
This Agreement is governed by the laws of the Republic of South Africa.
This Agreement and the rights thereunder may not be ceded assigned by either Party without the prior written consent of the other Party.