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Terms and Conditions


Last updated: August 10, 2024



GENERAL TERMS


  1. By accessing and subscribing to a Service on SAMMIE, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and SAMMIE.

  2. Under no circumstances shall SAMMIE be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if SAMMIE has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

  3. SAMMIE will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.


    4. LICENSE


  4. These Terms & Conditions, are a contract between you and SAMMIE ("we," "our," or "us"), and grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.


    5. DEFINITIONS AND KEY TERMS


  5. For this Terms & Conditions:-

    6. 5.1 Agreement: means the agreement concluded between you and SAMMIE when SAMMIE accepts your Request, which is governed exclusively by these Terms and Conditions, as amended from time to time, read with your Request Record.

    5.2 Applicable Laws: means the applicable provisions of any applicable laws;

    5.3 Billing Period: means the monthly period between:-
    5.3.1 From the 27th of Each month to the day before the same date of the following month.
    5.3.2 the day before the same date in the next month, which is also the Monthly Due Date

    5.4 Company: when these Terms mentions “Company”, “We”, “Us”, “Our” or "Me" it refers to SAMMIE that is responsible for your information under these Terms.

    5.5 Commencement Date: means the date on which we activate your access to the Service;
5.6 Consumer Protection Act: means the Consumer Protection Act, 68 of 2008, as amended from time to time;

5.7 Content Rights: means the copyright and other intellectual property rights to the data or material provided by SAMMIE, as the case may be.

5.8 Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

5.9 Country: where SAMMIE or the owners/founders of SAMMIE are based, in this case is South Africa.

5.10 Customer: refers to the company, organization or person that signs up to use the SAMMIE Service to manage the relationships with your consumers or service users.

5.11 Coverage Area: means the geographical area in South Africa in which the Service is provided; The Free Service/ Subscription is provided to the entire South Africa. The Premium Service/ Subscription is provided to the Entire South Africa. Until Further Notice, the Premium Plus Service/ Subscription is only provided to Port Elizabeth/ Uitenhage and Despatch. Where a user subscribes in spite of this notification, the user agrees that the pricing provided corresponds with pricing usual to their locality for which they are seeking to price.

5.12 Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit SAMMIE and use the services.

5.13 General Amendment: means an amendment of these Terms and Conditions by us from time to time on notice to you;

5.14 IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.

5.15 Monthly Due Date: means the date each month by which we must receive payment of your Fees. In the case of your obligations to SAMMIE and our Rights over you, this will be the 27th of Each month, aside from the Initial Payment which will take place on the commencement date, which will be a Pro-rata figure.

5.16 Payment Instruction: means the instruction by you to your bank to pay your Fees by way of a debit card or similar payment method;

5.17 Personnel: refers to those individuals who are employed by SAMMIE or are under contract to perform a service on behalf of one of the parties.

5.18 Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

5.19 Reactivation Fee: means the fee payable by you, following suspension of your access to the Service, for reactivation of such access by us, the amount of such fee being ascertainable from the Website or on request to us;
5.20 Service: refers to the service provided by SAMMIE as described in the relative terms (if available) and on this platform.

5.21 System Rights: means the copyright and other intellectual property rights in the Equipment and in the Service, including the software incorporated therein;

5.22 Terms and Conditions: means the terms and conditions contained in this document, as amended from time to time, such Terms and Conditions being freely available to you on the Website or on request to us;

5.23 The Service means:-
5.23.1 The Services selected by you and the associated services, features, facilities and applications;
5.23.2 and any additional functionalities selected by you.

5.24 Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

5.25 VAT: means Value-Added Tax as provided for in the Value-Added Tax Act, 89 of 1991 or any similar consumption based tax which we or our agents may be obliged to levy and/or collect;

5.26 Website: SAMMIE’s site, which can be accessed via this URL: https://sammie.co.za/ or any other Uniform Resource Locator (URL) used by us from time to time;

5.27 You: a person or entity that is registered with SAMMIE to use the Services on these Terms and Conditions.

5.28 Your Fees: means the fees payable by you in respect of your access to the Service (including subscription fees, administrative fees and fees for optional extras as well as any VAT and other taxes, duties, levies or charges thereon that may be levied by any government authority directly or indirectly in relation to the Service), as reflected in your Request Record and amended from time to time by us on notice to you, which fees are payable to us directly or through one of our authorised representatives, in any manner authorised by us from time to time;

5.29 Your Request: means your request for access to the Service on these Terms and Conditions, which request may have been made by you in the following ways:-
5.29.1 by completion and submission to us of the via our Checkout Page;
5.29.2 in any other manner authorised by us from time to time;

5.30 Your Request Record: means the electronic record kept by us of your Request, as updated from time to time, and containing:-
5.30.1 Your Personal Information;
5.30.2 the Service to which you have requested access;
5.30.3 your Fees and your preferred method of payment;
5.30.4 your election in respect of marketing communications.

5.31 Your Schedule: means the Form completed by you and submitted to us, containing your Request; whether relating to the Premium, Premium Plus or Special Service.

5.32 Any reference in these Terms and Conditions to -
5.32.1 the singular includes the plural, and vice versa; and
5.32.2 one gender includes the other gender.

5.33 Please note that you may be entitled to certain rights in terms of Applicable Laws. For the avoidance of any doubt, no term or provision contained in the Agreement is to be interpreted or construed so as to directly or indirectly –
5.33.1 exclude, limit, waive or deprive you of any rights which you may have in terms of Applicable Laws;
5.33.2 avoid any obligation or duty which we may have in terms of Applicable Laws;
5.33.3 set aside or override the effect of any applicable provision of Applicable Laws; or
5.33.4 authorise us to do anything that is unlawful in terms of Applicable Laws or fail to do anything that is required in terms of Applicable Laws,

to the extent that it is impermissible to do so.


PLACE OF AGREEMENT, COMMENCEMENT AND DURATION


  1. Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

  2. Subject to the breach provisions in these Terms and Conditions, the Agreement is binding on you and us unless and until terminated by you or by us as follows:–

    3. 7.1 we notify you (in any manner, whether telephonically, electronically, in writing or in person) that we are terminating the Agreement with effect from a specified future date, which we may do at any time subject to clause 9; or

    7.2 you notify us (in any manner, whether telephonically, electronically, in writing or in person) that you are terminating the Agreement with effect from a specified future date, which you may do at any time subject to clause 9.

  3. The termination of the Agreement will not affect:-

    4. 8.1 our rights or remedies, or yours, for the period prior to termination; or

    8.2 those rights and obligations which, in terms of the Agreement, either expressly or by implication, will survive beyond termination.

  4. If either party terminates the Agreement in terms of clause 7:-

    5. 9.1 such termination will take effect from:-
    9.1.1 the last day of the Billing Period in which the termination notice is received, if the termination notice is received by the other party at least five business days prior to that date; or
    9.1.2 the last day of the next Billing Period if the termination notice is not received by the other party at least five business days prior to the last day of the Billing Period in which the termination notice is received.

    9.2 If, at the time that the termination takes effect, you have already made payment of your Fees in respect of any subsequent Billing Period/s, then we will, within 30 business days after the termination takes effect, refund to you your Fees in respect of such subsequent Billing Period/s.


YOUR FEES


  1. We will provide the Service to you on a pre-paid basis.

  2. In order to have continued access to the Service you must make, and we must receive, payment of your Fees in advance on or before the Monthly Due Date.

  3. If we do not receive payment of your Fees as contemplated in clause 11 above, we may suspend your access to the Service.

  4. If your access to the Service is suspended, we will not reactivate your access to the Service until we have received payment of your Fees and the Reactivation Fee.

  5. We may from time to time amend the fees payable in respect of access to the Service. We will notify you of such an amendment as soon as practicable prior to implementing it, so that if you wish to terminate the Agreement you may do so. We may alter the Payment Instruction to correspond with any change in your Fees.

  6. We may use payment systems owned and operated by third parties (“Payment System Providers”) to facilitate the collection of fees and other amounts payable by you in respect of the Service. None of these Payment System Providers is our employee, subcontractor, agent, intermediary or representative, or otherwise controlled by us.


    7. COPIES OF YOUR REQUEST RECORD


  7. Available to you on the Check Out page will be your request record in the form of an Invoice. Please print it before proceeding to payment via the Payment Gateway.

  8. We will send you:-

    9. 17.1 written notification of any amendments to the Request Record:-
    17.1.1 electronically, if you have provided us with the relevant electronic contact details.


    YOUR PERSONAL INFORMATION


  9. Subject to the Agreement and any Applicable Laws, and in addition to any other information to be furnished by you in terms of the Agreement, you must:–

    10. 18.1 provide us with your personal information as required by us in order to activate and administer your access to the Service;

    18.2 inform us in writing within seven business days of any change to any of the information provided by you in relation to the Agreement.

  10. You authorise us, subject to any Applicable Laws, to:-

    11. 19.1 use information that we may have in relation to you for the purposes of:–

19.1.1 processing your Request;
19.1.2 administering the Agreement;
19.1.3 informing you of any new aspects of the Service or services provided by our affiliates;
19.1.4 informing you of promotional competitions; and
19.1.5 notifying you of a General Amendment;

19.2 disclose your personal information:–
19.2.1 to companies affiliated with us for purposes of marketing their services (subject to your right to refuse such disclosure of your personal information);
19.2.2 to any company which acquires our business or any part thereof, or which we acquire;
19.2.3 to agents, representatives or service providers which we appoint to process your Request, administer the Agreement or provide subscriber management services;
19.2.4 to our payment system providers in order to facilitate the collection of your Fees using payment systems owned and operated by third parties; or
19.2.5 if and to the extent that we are required to do so, to comply with any Applicable Law; and

  1. It is your responsibility to ensure that the information which you provide to us is complete, accurate and up to date.


    2. OUR OBLIGATIONS


  2. In consideration for your payment of your Fees, and subject to you complying with the Agreement, we will provide you with access to the Service in accordance with the Agreement.

  3. Subject to your compliance with the Agreement, we will continue to provide you with access to the Service until your access is suspended or the Agreement is terminated in terms of these Terms and Conditions.


    4. RESTRICTIONS ON ACCESS TO AND USE OF THE SERVICE


  4. You may access and use the Service only:-

    5. 23.1 for a Single Legal Entity;

    23.2 for business use, however, not for commercial purposes; and

    23.3 on your Personal Computer or Laptop (Although the Service is operational from most phones, we cannot guarantee its operations on all phones.)

  5. You may not use the Service in any manner or for any purpose other than as set out in the Agreement. Nor may you negligently or intentionally permit any other person to do so. Without limiting the restrictions in clause 23, you may not attempt to or:-

    6. 24.1 access any component of the Service other than those components to which you are authorised to have access;

    24.2 use the Service, or any component thereof, for any commercial purpose;

24.3 exhibit or provide the Service to the public, whether or not admission fees are charged;

24.4 charge any person a fee to access the Service;

24.5 copy any of the data material in the Service, except for later private use during the period of the Agreement;

24.6 hack, reverse engineer or otherwise compromise the security of the conditional access system, operating software or encryption software used;

24.7 permit, facilitate or condone any other person conducting any of the prohibited activities in this clause, whether using your Equipment or otherwise.

24.8 You agree that we may, from time to time, and on reasonable notice, delay or interrupt the distribution or reception of the Service, or any aspect thereof, if this is reasonably necessary for any purpose related to our business, including in order to support the provision, operation, maintenance and security of the Service, or any aspect thereof.


EQUIPMENT


  1. You acknowledge that certain aspects of the Service may only be available in conjunction with certain Equipment.

  2. You must use an Approved Device to access the Service. For the Purpose of the Service, an approved device would be a Laptop or a Desktop. Whilst the Website and Web-apps may Work on your Cellular Phone, we cannot guarantee that it would correctly reflect as with the aforementioned approved devices.


    3. RESTRICTIONS


  3. You agree not to, and you will not permit others to:-

    4. 27.1 License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party;

    27.2 Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service;

    27.3 Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SAMMIE or its affiliates, partners, suppliers or the licensors of the service.


PAYMENT


  1. If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide us with a valid debit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Affiliate, Premium or Premium Plus Plan. Your Payment Provider agreement governs your use of the designated debit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider.

  2. By providing us with your debit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the dedit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and us for the Service until the Payment is Successfully made to Us via the Payment Gateway. You are responsible for any third-party fees that you may incur when using the Service.


    3. RETURN AND REFUND POLICY


  3. Thanks for Subscribing with us. We appreciate the fact that you find utility in our products. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and subscribing to our products. As with any shopping experience, there are terms and conditions that apply to transactions at our company. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase from us, you agree to the terms along with our Privacy Policy. If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.


    4. YOUR SUGGESTIONS


  4. Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.


    5. YOUR CONSENT


  5. We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our service, registering an account, or making a purchase, you hereby consent to our Terms & Conditions

LINKS TO OTHER WEBSITES


  1. Our service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Terms & Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.


    2. COOKIES


  2. We use "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our service but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit our platform as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.


    3. CHANGES TO OUR TERMS AND CONDITIONS


  3. You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.


    4. MODIFICATIONS TO OUR SERVICE


  4. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.


    5. UPDATES TO OUR SERVICE


  5. We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.

THIRD-PARTY SERVICES


  1. We may display, include or make available third-party content (including data, information, applications and other products/ services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions


    2. TERM AND TERMINATION


  2. This Agreement shall remain in effect until terminated by you or us. We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the service and delete all copies of the service from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.


    3. COPYRIGHT INFRINGEMENT NOTICE


  3. If you are a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.


    4. INDEMNIFICATION


  4. You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

NO WARRANTIES


  1. The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

  2. Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.


    3. LIMITATION OF LIABILITY


  3. Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SEVERABILITY


  1. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN FOURTEEN (14) CALENDAR DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


    2. WAIVER


  2. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.


    3. AMENDMENTS TO THIS AGREEMENT


  3. We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.


    4. ENTIRE AGREEMENT


  4. The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.

UPDATES TO OUR TERMS


  1. We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.


    2. INTELLECTUAL PROPERTY


  2. Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by South Africa and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

  3. You agree that:-

    4. 51.1 the Content Rights and the System Rights are either owned by, or licensed to, us or our affiliates and that by entering into the Agreement you acquire no right or interest in such rights; and

    51.2 you will not infringe our rights or interests, or those of our suppliers or licensors, in the Content Rights and the System Rights, in the course of your access to and use of the Service. Nor may you negligently or intentionally permit any other person to do so.


    AGREEMENT TO ARBITRATE


  4. This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.


    5. SECURITY


  5. You acknowledge that the provision of the Service may include and/or rely on a technological security framework (“security framework”) designed to protect the Service against unauthorised use, which security framework will be automatically implemented, maintained and modified from time to time.
  1. You agree to such implementation, maintenance and modification of the security framework, which may include the disconnection or discontinuation of any features of the Equipment which facilitate unauthorised use of the Service.

  2. Our failure to implement the whole or part of the security framework will not constitute a waiver of any of our rights resulting from the unauthorised use of the Service.


    3. COMMUNICATIONS WITH US


  3. You may authorise any person to communicate with us on your behalf in relation to the Agreement, provided that such person complies with our standard security check. You agree to be bound by all requests and undertakings made by third parties on your behalf in terms of this clause.

  4. It is your responsibility not to disclose the personal information relevant to our standard security check to third parties whom you have not authorised to represent you.


    5. COMMUNICATIONS WITH YOU


  5. Subject to any Applicable Laws, we may communicate with you, amongst other methods, by means of e-mail, or by way of text or other messages to your cellular phone, computer, laptop or to your mobile device.

  6. Subject to any Applicable Laws and clauses 59 to 63 below, we may use such communication methods, among other things, to:–

    7. 59.1 market or promote our services and/or those of our suppliers, affiliates and/or clients, subject to your right to restrict unwanted direct marketing;

    59.2 inform you about the Service and operational systems, and changes to these;

    59.3 provide you with information which we believe may be of particular interest or relevance to you;

    59.4 advise you of the status of your account and/or any amounts owing by you to us;

    59.5 remind you of forthcoming dates on which payment of your Fees may be due; and

    59.6 notify you of a General Amendment.

  7. You may refuse to accept, require us to discontinue, or pre-emptively block in accordance with clause 62 below, any approach or communication from us if that approach or communication is primarily for the purpose of direct marketing ("Direct Marketing Communications").
  1. You may opt out of receiving Direct Marketing Communications from us:-

    2. 61.1 at the time of making your Request, by ticking the relevant "opt-out" box on your Schedule

    61.2 at any time by requesting us (in writing/ electronically) to desist from sending any Direct Marketing Communications to you.

  2. If you have opted out in accordance with clause 60, we will:-

    3. 62.1 send you written (which may include electronic) confirmation of receipt of your opt out request; and

    62.2 not send you any further Direct Marketing Communications.

  3. You may, in terms of the Consumer Protection Act, register a pre-emptive block against Direct Marketing Communications. If you do so, we will not send you Direct Marketing Communications unless you have expressly consented to receiving Direct Marketing Communications from us.

  4. We will not send you Direct Marketing Communications at home at any period during which it is prohibited by law to do so, unless you have expressly or implicitly requested or agreed otherwise.


    5. AMENDMENTS TO AND VARIATIONS IN THE SERVICE


  5. The nature, composition and content of the Service are determined by us and may be changed by us from time to time, subject to any Applicable Laws, and subject to your right to terminate the Agreement in accordance with these Terms and Conditions.

  6. The various systems necessary for or associated with the provision of the Service (including technical services, the conditional access system, the software operating system, software applications, subscriber management services and business systems) are determined by us and are subject to ongoing innovation and change and may be amended by us from time to time, subject to any Applicable Laws and subject to your right to terminate the Agreement in accordance with these Terms and Conditions.


    7. AMENDMENT OF THE TERMS AND CONDITIONS


  7. Subject to the terms of the Agreement and any Applicable Laws, you agree to be bound by a General Amendment from the date specified in the General Amendment notice, which will be a date a reasonable time after the date of the General Amendment notice.


    8. BREACH OF AGREEMENT


  8. If any party (“the Defaulting Party") breaches any provision of the Agreement and fails to remedy such breach within 10 business days of receipt of written notice from the other party (“the Aggrieved Party") requiring it to do so, then the Aggrieved Party will be entitled, at its option: –
68.1 to claim immediate specific performance of any of the Defaulting Party's obligations under the Agreement, whether or not such obligation is then due; or

68.2 in the event of the breach of a material provision of the Agreement in circumstances where the remedy of specific performance or damages would not adequately prevent the Aggrieved Party from being prejudiced, to cancel the Agreement, in which case the Aggrieved Party must give the Defaulting Party notice in writing of the cancellation, and the cancellation will take effect on the giving of the notice.

  1. The cancellation of the Agreement will not affect:-

    2. 69.1 our rights or remedies, or yours, for the period prior to cancellation; or

    69.2 those rights and obligations which in terms of the Agreement, either expressly or by implication, will survive beyond cancellation.

  2. The breach provisions in these Terms and Conditions are without prejudice to any other remedies to which a party may be entitled at law, including the right to claim damages.

  3. In addition to our rights under clause 67, if you materially breach the Agreement we may, without prejudice to any other remedy that we may have, immediately and without notice to you, suspend your access to the Service.

  4. If we have suspended your access to the Service and you:-

    5. 72.1 remedy your breach;

    72.2 comply with the Agreement; and

    72.3 make payment to us of your Fees and the Reconnection Fee, then we may reactivate your access to the Service.


    NOTICE OF DISPUTE


  5. In the event of a dispute, you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected]. We will send any Notice of Dispute to you via your email address. You and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or us may commence arbitration.


    6. BINDING ARBITRATION


  6. If you and us don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

SUBMISSIONS AND PRIVACY


  1. In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.


    2. PROMOTIONS


  2. We may, from time to time, include contests, promotions, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.


    3. TYPOGRAPHICAL ERRORS


  3. In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your debit card charged. If your debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your debit card account or other payment account in the amount of the charge.


    4. MISCELLANEOUS


  4. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. We operate and control our Service from our offices in South Africa. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

DISCLAIMER


  1. We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

  2. Our Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error free.


    3. GENERAL


  3. These Terms and Conditions, read with your Request Record:-

    4. 81.1 constitute the sole and complete record of the Agreement between you and us in respect of your access to the Service; and

    81.2 supersede any previous agreement between you and us, or between you and any other company, in terms of which you were authorised to have access to the Service.

  4. Neither you nor we are bound by any express or implied representation, warranty (except any warranty implied by law), undertaking, promise or the like not recorded in the Agreement.

  5. Any relaxation or indulgence which we may show you at any time in regard to the Agreement is without prejudice to, and does not constitute a waiver of, any rights we may have, either in terms of the Agreement or any Applicable Laws.

  6. If any provision of the Agreement is found to be wholly or partly invalid, unenforceable or unlawful, then:-

    7. 84.1 the Agreement will be severable in respect of the provision in question to the extent of its invalidity, unenforceability or unlawfulness; and

    84.2 the remaining provisions of the Agreement will remain of full force and effect.

  7. We may cede our rights in terms of the Agreement to any person without your consent.
  1. You may not cede any of your rights or transfer/assign any of your obligations under the Agreement to any person without our prior written consent.

  2. The Agreement is subject to, and will be interpreted, implemented and enforced in terms of the laws of South Africa.

  3. The parties consent to the jurisdiction of the Magistrates’ Court in respect of all proceedings arising out of or pursuant to the Agreement. This notwithstanding, either party may institute any proceedings arising out of or pursuant to the Agreement in any Division of the High Court of South Africa having jurisdiction or any other forum having jurisdiction.

  4. Subject to the Agreement, the parties choose the following addresses for the service of all notices and processes arising out of the Agreement:-

    5. 89.1 Us: [email protected]

    89.2 You: Your Physical Address.

  5. Either party may at any time by written notice to the other party vary its domicile address in terms of clause 88 to any address within the Republic of South Africa.

  6. A notice actually received by a party will be adequate notice to that party notwithstanding that it was not delivered to that party’s domicile address in terms of clause 88.


    7. CONTACT ME


  7. Don't hesitate to contact me if you have any questions.

    8. 92.1 Via Email: [email protected]

Terms and Conditions


Last updated: August 10, 2024



GENERAL TERMS


  1. By accessing and subscribing to a Service on SAMMIE, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and SAMMIE.

  2. Under no circumstances shall SAMMIE be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if SAMMIE has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

  3. SAMMIE will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.


    4. LICENSE


  4. SAMMIE grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement. These Terms & Conditions, are a contract between you and SAMMIE ("we," "our," or "us"), and grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.


    5. DEFINITIONS AND KEY TERMS


  5. For this Terms & Conditions:-

    6. 5.1 Agreement: means the agreement concluded between you and SAMMIE when SAMMIE accepts your Request, which is governed exclusively by these Terms and Conditions, as amended from time to time, read with your Request Record.

    5.2 Applicable Laws: means the applicable provisions of any applicable laws;

    5.3 Billing Period: means the monthly period between:-
    5.3.1 From the 27th of Each month to the day before the same date of the following month.
5.3.2 the day before the same date in the next month, which is also the Monthly Due Date

5.4 Company: when these Terms mentions “Company”, “We”, “Us”, “Our” or "Me" it refers to SAMMIE that is responsible for your information under these Terms.

5.5 Commencement Date: means the date on which we activate your access to the Service; 5.6 Consumer Protection Act: means the Consumer Protection Act, 68 of 2008, as amended from time to time;

5.7 Content Rights: means the copyright and other intellectual property rights to the data or material provided by SAMMIE, as the case may be.

5.8 Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

5.9 Country: where SAMMIE or the owners/founders of SAMMIE are based, in this case is South Africa.

5.10 Customer: refers to the company, organization or person that signs up to use the SAMMIE Service to manage the relationships with your consumers or service users.

5.11 Coverage Area: means the geographical area in South Africa in which the Service is provided; The Free Service/ Subscription is provided to the entire South Africa. The Premium Service/ Subscription is provided to the Entire South Africa. Until Further Notice, the Premium Plus Service/ Subscription is only provided to Gqeberha, Uitenhage and Despatch. Where a user subscribes in spite of this notification, the user agrees that the pricing provided corresponds with pricing usual to their locality for which they are seeking to price.

5.12 Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit SAMMIE and use the services.

5.13 General Amendment: means an amendment of these Terms and Conditions by us from time to time on notice to you;

5.14 IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.

5.15 Monthly Due Date: means the date each month by which we must receive payment of your Fees. In the case of your obligations to SAMMIE and our Rights over you, this will be the 27th of Each month, aside from the Initial Payment which will take place on the commencement date, which will be a Pro-rata figure.

5.16 Payment Instruction: means the instruction by you to your bank to pay your Fees by way of a debit card or similar payment method;
5.17 Personnel: refers to those individuals who are employed by SAMMIE or are under contract to perform a service on behalf of one of the parties.

5.18 Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

5.19 Reactivation Fee: means the fee payable by you, following suspension of your access to the Service, for reactivation of such access by us, the amount of such fee being ascertainable from the Website or on request to us; 5.20 Service: refers to the service provided by SAMMIE as described in the relative terms (if available) and on this platform.

5.21 System Rights: means the copyright and other intellectual property rights in the Equipment and in the Service, including the software incorporated therein;

5.22 Terms and Conditions: means the terms and conditions contained in this document, as amended from time to time, such Terms and Conditions being freely available to you on the Website or on request to us;

5.23 The Service means:-
5.23.1 The Services selected by you and the associated services, features, facilities and applications;
5.23.2 and any additional functionalities selected by you.

5.24 Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

5.25 VAT: means Value-Added Tax as provided for in the Value-Added Tax Act, 89 of 1991 or any similar consumption based tax which we or our agents may be obliged to levy and/or collect;

5.26 Website: SAMMIE’s site, which can be accessed via this URL: https://sammie.co.za/ or any other Uniform Resource Locator (URL) used by us from time to time;

5.27 You: a person or entity that is registered with SAMMIE to use the Services on these Terms and Conditions.

5.28 Your Fees: means the fees payable by you in respect of your access to the Service (including subscription fees, administrative fees and fees for optional extras as well as any VAT and other taxes, duties, levies or charges thereon that may be levied by any government authority directly or indirectly in relation to the Service), as reflected in your Request Record and amended from time to time by us on notice to you, which fees are payable to us directly or through one of our authorised representatives, in any manner authorised by us from time to time;

5.29 Your Request: means your request for access to the Service on these Terms and Conditions, which request may have been made by you in the following ways:-
5.29.1 by completion and submission to us of the via our Checkout Page;
5.29.2 in any other manner authorised by us from time to time;

5.30 Your Request Record: means the electronic record kept by us of your Request, as updated from time to time, and containing:-
5.30.1 Your Personal Information;
5.30.2 the Service to which you have requested access;
5.30.3 your Fees and your preferred method of payment;
5.30.4 your election in respect of marketing communications.

5.31 Your Schedule: means the Form completed by you and submitted to us, containing your Request; whether relating to the Affiliate, Premium or Premium Plus Service.

5.32 Any reference in these Terms and Conditions to -
5.32.1 the singular includes the plural, and vice versa; and
5.32.2 one gender includes the other gender.

5.33 Please note that you may be entitled to certain rights in terms of Applicable Laws. For the avoidance of any doubt, no term or provision contained in the Agreement is to be interpreted or construed so as to directly or indirectly –
5.33.1 exclude, limit, waive or deprive you of any rights which you may have in terms of Applicable Laws;
5.33.2 avoid any obligation or duty which we may have in terms of Applicable Laws;
5.33.3 set aside or override the effect of any applicable provision of Applicable Laws; or
5.33.4 authorise us to do anything that is unlawful in terms of Applicable Laws or fail to do anything that is required in terms of Applicable Laws,

to the extent that it is impermissible to do so.


PLACE OF AGREEMENT, COMMENCEMENT AND DURATION


  1. Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

  2. Subject to the breach provisions in these Terms and Conditions, the Agreement is binding on you and us unless and until terminated by you or by us as follows:–

    3. 7.1 we notify you (in any manner, whether telephonically, electronically, in writing or in person) that we are terminating the Agreement with effect from a specified future date, which we may do at any time subject to clause 9; or

    7.2 you notify us (in any manner, whether telephonically, electronically, in writing or in person) that you are terminating the Agreement with effect from a specified future date, which you may do at any time subject to clause 9.

  3. The termination of the Agreement will not affect:-
8.1 our rights or remedies, or yours, for the period prior to termination; or

8.2 those rights and obligations which, in terms of the Agreement, either expressly or by implication, will survive beyond termination.

  1. If either party terminates the Agreement in terms of clause 7:-

    2. 9.1 such termination will take effect from:-
    9.1.1 the last day of the Billing Period in which the termination notice is received, if the termination notice is received by the other party at least five business days prior to that date; or
    9.1.2 the last day of the next Billing Period if the termination notice is not received by the other party at least five business days prior to the last day of the Billing Period in which the termination notice is received.

    9.2 If, at the time that the termination takes effect, you have already made payment of your Fees in respect of any subsequent Billing Period/s, then we will, within 30 business days after the termination takes effect, refund to you your Fees in respect of such subsequent Billing Period/s.


    YOUR FEES


  2. We will provide the Service to you on a pre-paid basis.

  3. In order to have continued access to the Service you must make, and we must receive, payment of your Fees in advance on or before the Monthly Due Date.

  4. If we do not receive payment of your Fees as contemplated in clause 11 above, we may suspend your access to the Service.

  5. If your access to the Service is suspended, we will not reactivate your access to the Service until we have received payment of your Fees and the Reactivation Fee.

  6. We may from time to time amend the fees payable in respect of access to the Service. We will notify you of such an amendment as soon as practicable prior to implementing it, so that if you wish to terminate the Agreement you may do so. We may alter the Payment Instruction to correspond with any change in your Fees.

  7. We may use payment systems owned and operated by third parties (“Payment System Providers”) to facilitate the collection of fees and other amounts payable by you in respect of the Service. None of these Payment System Providers is our employee, subcontractor, agent, intermediary or representative, or otherwise controlled by us.


    8. COPIES OF YOUR REQUEST RECORD


  8. Available to you on the Check Out page will be your request record in the form of an Invoice. Please print it before proceeding to payment via the Payment Gateway.
  1. We will send you:-

    2. 17.1 written notification of any amendments to the Request Record:-
    17.1.1 electronically, if you have provided us with the relevant electronic contact details.


    YOUR PERSONAL INFORMATION


  2. Subject to the Agreement and any Applicable Laws, and in addition to any other information to be furnished by you in terms of the Agreement, you must:–

    3. 18.1 provide us with your personal information as required by us in order to activate and administer your access to the Service;

    18.2 inform us in writing within seven business days of any change to any of the information provided by you in relation to the Agreement.

  3. You authorise us, subject to any Applicable Laws, to:-

    4. 19.1 use information that we may have in relation to you for the purposes of:–

    19.1.1 processing your Request;
    19.1.2 administering the Agreement;
    19.1.3 informing you of any new aspects of the Service or services provided by our affiliates;
    19.1.4 informing you of promotional competitions; and
    19.1.5 notifying you of a General Amendment;

    19.2 disclose your personal information:–
    19.2.1 to companies affiliated with us for purposes of marketing their services (subject to your right to refuse such disclosure of your personal information);
    19.2.2 to any company which acquires our business or any part thereof, or which we acquire;
    19.2.3 to agents, representatives or service providers which we appoint to process your Request, administer the Agreement or provide subscriber management services;
    19.2.4 to our payment system providers in order to facilitate the collection of your Fees using payment systems owned and operated by third parties; or
    19.2.5 if and to the extent that we are required to do so, to comply with any Applicable Law; and

  4. It is your responsibility to ensure that the information which you provide to us is complete, accurate and up to date.


    5. OUR OBLIGATIONS


  5. In consideration for your payment of your Fees, and subject to you complying with the Agreement, we will provide you with access to the Service in accordance with the Agreement.

  1. Subject to your compliance with the Agreement, we will continue to provide you with access to the Service until your access is suspended or the Agreement is terminated in terms of these Terms and Conditions.


    2. RESTRICTIONS ON ACCESS TO AND USE OF THE SERVICE


  2. You may access and use the Service only:-

    3. 23.1 for a Single Legal Entity;

    23.2 for business use, however, not for commercial purposes; and

    23.3 on your Personal Computer or Laptop (Although the Service is operational from most phones, we cannot guarantee its operations on all phones.)

  3. You may not use the Service in any manner or for any purpose other than as set out in the Agreement. Nor may you negligently or intentionally permit any other person to do so. Without limiting the restrictions in clause 23, you may not attempt to or:-

    4. 24.1 access any component of the Service other than those components to which you are authorised to have access;

    24.2 use the Service, or any component thereof, for any commercial purpose;

    24.3 exhibit or provide the Service to the public, whether or not admission fees are charged;

    24.4 charge any person a fee to access the Service;

    24.5 copy any of the data material in the Service, except for later private use during the period of the Agreement;

    24.6 hack, reverse engineer or otherwise compromise the security of the conditional access system, operating software or encryption software used;

    24.7 permit, facilitate or condone any other person conducting any of the prohibited activities in this clause, whether using your Equipment or otherwise.

    24.8 You agree that we may, from time to time, and on reasonable notice, delay or interrupt the distribution or reception of the Service, or any aspect thereof, if this is reasonably necessary for any purpose related to our business, including in order to support the provision, operation, maintenance and security of the Service, or any aspect thereof.


    EQUIPMENT


  4. You acknowledge that certain aspects of the Service may only be available in conjunction with certain Equipment.

  1. You must use an Approved Device to access the Service. For the Purpose of the Service, an approved device would be a Laptop or a Desktop. Whilst the Website and Web-apps may Work on your Cellular Phone, we cannot guarantee that it would correctly reflect as with the aforementioned approved devices.


    2. RESTRICTIONS


  2. You agree not to, and you will not permit others to:-

    3. 27.1 License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party;

    27.2 Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service;

    27.3 Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SAMMIE or its affiliates, partners, suppliers or the licensors of the service.


    PAYMENT


  3. If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide us with a valid debit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Affiliate, Premium or Premium Plus Plan. Your Payment Provider agreement governs your use of the designated dedit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider.

  4. By providing us with your debit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the dedit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and us for the Service until the Payment is Successfully made to Us via the Payment Gateway. You are responsible for any third-party fees that you may incur when using the Service.

RETURN AND REFUND POLICY


  1. Thanks for Subscribing with us. We appreciate the fact that you find utility in our products. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and subscribing to our products. As with any shopping experience, there are terms and conditions that apply to transactions at our company. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase from us, you agree to the terms along with our Privacy Policy. If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.


    2. YOUR SUGGESTIONS


  2. Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.


    3. YOUR CONSENT


  3. We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our service, registering an account, or making a purchase, you hereby consent to our Terms & Conditions


    4. LINKS TO OTHER WEBSITES


  4. Our service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Terms & Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.


    5. COOKIES


  5. We use "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our service but are non-essential to their use.
However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit our platform as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.


CHANGES TO OUR TERMS AND CONDITIONS


  1. You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.


    2. MODIFICATIONS TO OUR SERVICE


  2. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.


    3. UPDATES TO OUR SERVICE


  3. We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.


    4. THIRD-PARTY SERVICES


  4. We may display, include or make available third-party content (including data, information, applications and other products/ services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions


TERM AND TERMINATION


  1. This Agreement shall remain in effect until terminated by you or us. We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the service and delete all copies of the service from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.


    2. COPYRIGHT INFRINGEMENT NOTICE


  2. If you are a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.


    3. INDEMNIFICATION


  3. You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.


    4. NO WARRANTIES


  4. The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

  1. Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.


    2. LIMITATION OF LIABILITY


  2. Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


    3. SEVERABILITY


  3. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN FOURTEEN (14) CALENDAR DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


WAIVER


  1. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.


    2. AMENDMENTS TO THIS AGREEMENT


  2. We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.


    3. ENTIRE AGREEMENT


  3. The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.


    4. UPDATES TO OUR TERMS


  4. We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

INTELLECTUAL PROPERTY


  1. Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by South Africa and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

  2. You agree that:-

    3. 51.1 the Content Rights and the System Rights are either owned by, or licensed to, us or our affiliates and that by entering into the Agreement you acquire no right or interest in such rights; and

    51.2 you will not infringe our rights or interests, or those of our suppliers or licensors, in the Content Rights and the System Rights, in the course of your access to and use of the Service. Nor may you negligently or intentionally permit any other person to do so.


    AGREEMENT TO ARBITRATE


  3. This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.


    4. SECURITY


  4. You acknowledge that the provision of the Service may include and/or rely on a technological security framework (“security framework”) designed to protect the Service against unauthorised use, which security framework will be automatically implemented, maintained and modified from time to time.

  5. You agree to such implementation, maintenance and modification of the security framework, which may include the disconnection or discontinuation of any features of the Equipment which facilitate unauthorised use of the Service.
  1. Our failure to implement the whole or part of the security framework will not constitute a waiver of any of our rights resulting from the unauthorised use of the Service.


    2. COMMUNICATIONS WITH US


  2. You may authorise any person to communicate with us on your behalf in relation to the Agreement, provided that such person complies with our standard security check. You agree to be bound by all requests and undertakings made by third parties on your behalf in terms of this clause.

  3. It is your responsibility not to disclose the personal information relevant to our standard security check to third parties whom you have not authorised to represent you.


    4. COMMUNICATIONS WITH YOU


  4. Subject to any Applicable Laws, we may communicate with you, amongst other methods, by means of e-mail, or by way of text or other messages to your cellular phone, computer, laptop or to your mobile device.

  5. Subject to any Applicable Laws and clauses 59 to 63 below, we may use such communication methods, among other things, to:–

    6. 59.1 market or promote our services and/or those of our suppliers, affiliates and/or clients, subject to your right to restrict unwanted direct marketing;

    59.2 inform you about the Service and operational systems, and changes to these;

    59.3 provide you with information which we believe may be of particular interest or relevance to you;

    59.4 advise you of the status of your account and/or any amounts owing by you to us;

    59.5 remind you of forthcoming dates on which payment of your Fees may be due; and

    59.6 notify you of a General Amendment.

  6. You may refuse to accept, require us to discontinue, or pre-emptively block in accordance with clause 62 below, any approach or communication from us if that approach or communication is primarily for the purpose of direct marketing ("Direct Marketing Communications").

  7. You may opt out of receiving Direct Marketing Communications from us:-

    8. 61.1 at the time of making your Request, by ticking the relevant "opt-out" box on your Schedule
61.2 at any time by requesting us (in writing/ electronically) to desist from sending any Direct Marketing Communications to you.

  1. If you have opted out in accordance with clause 60, we will:-

    2. 62.1 send you written (which may include electronic) confirmation of receipt of your opt out request; and

    62.2 not send you any further Direct Marketing Communications.

  2. You may, in terms of the Consumer Protection Act, register a pre-emptive block against Direct Marketing Communications. If you do so, we will not send you Direct Marketing Communications unless you have expressly consented to receiving Direct Marketing Communications from us.

  3. We will not send you Direct Marketing Communications at home at any period during which it is prohibited by law to do so, unless you have expressly or implicitly requested or agreed otherwise.


    4. AMENDMENTS TO AND VARIATIONS IN THE SERVICE


  4. The nature, composition and content of the Service are determined by us and may be changed by us from time to time, subject to any Applicable Laws, and subject to your right to terminate the Agreement in accordance with these Terms and Conditions.

  5. The various systems necessary for or associated with the provision of the Service (including technical services, the conditional access system, the software operating system, software applications, subscriber management services and business systems) are determined by us and are subject to ongoing innovation and change and may be amended by us from time to time, subject to any Applicable Laws and subject to your right to terminate the Agreement in accordance with these Terms and Conditions.


    6. AMENDMENT OF THE TERMS AND CONDITIONS


  6. Subject to the terms of the Agreement and any Applicable Laws, you agree to be bound by a General Amendment from the date specified in the General Amendment notice, which will be a date a reasonable time after the date of the General Amendment notice.


    7. BREACH OF AGREEMENT


  7. If any party (“the Defaulting Party") breaches any provision of the Agreement and fails to remedy such breach within 10 business days of receipt of written notice from the other party (“the Aggrieved Party") requiring it to do so, then the Aggrieved Party will be entitled, at its option: –
68.1 to claim immediate specific performance of any of the Defaulting Party's obligations under the Agreement, whether or not such obligation is then due; or

68.2 in the event of the breach of a material provision of the Agreement in circumstances where the remedy of specific performance or damages would not adequately prevent the Aggrieved Party from being prejudiced, to cancel the Agreement, in which case the Aggrieved Party must give the Defaulting Party notice in writing of the cancellation, and the cancellation will take effect on the giving of the notice.

  1. The cancellation of the Agreement will not affect:-

    2. 69.1 our rights or remedies, or yours, for the period prior to cancellation; or

    69.2 those rights and obligations which in terms of the Agreement, either expressly or by implication, will survive beyond cancellation.

  2. The breach provisions in these Terms and Conditions are without prejudice to any other remedies to which a party may be entitled at law, including the right to claim damages.

  3. In addition to our rights under clause 67, if you materially breach the Agreement we may, without prejudice to any other remedy that we may have, immediately and without notice to you, suspend your access to the Service.

  4. If we have suspended your access to the Service and you:-

    5. 72.1 remedy your breach;

    72.2 comply with the Agreement; and

    72.3 make payment to us of your Fees and the Reconnection Fee, then we may reactivate your access to the Service.


    NOTICE OF DISPUTE


  5. In the event of a dispute, you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected]. We will send any Notice of Dispute to you via your email address. You and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or us may commence arbitration.

BINDING ARBITRATION


  1. If you and us don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.


    2. SUBMISSIONS AND PRIVACY


  2. In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.


    3. PROMOTIONS


  3. We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.


    4. TYPOGRAPHICAL ERRORS


  4. In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your debit card charged.
If your debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your debit card account or other payment account in the amount of the charge.


MISCELLANEOUS


  1. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. We operate and control our Service from our offices in South Africa. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.


    2. DISCLAIMER


  2. We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

  3. Our Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.
Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error free.


GENERAL


  1. These Terms and Conditions, read with your Request Record:-

    2. 81.1 constitute the sole and complete record of the Agreement between you and us in respect of your access to the Service; and

    81.2 supersede any previous agreement between you and us, or between you and any other company, in terms of which you were authorised to have access to the Service.

  2. Neither you nor we are bound by any express or implied representation, warranty (except any warranty implied by law), undertaking, promise or the like not recorded in the Agreement.

  3. Any relaxation or indulgence which we may show you at any time in regard to the Agreement is without prejudice to, and does not constitute a waiver of, any rights we may have, either in terms of the Agreement or any Applicable Laws.

  4. If any provision of the Agreement is found to be wholly or partly invalid, unenforceable or unlawful, then:-

    5. 84.1 the Agreement will be severable in respect of the provision in question to the extent of its invalidity, unenforceability or unlawfulness; and

    84.2 the remaining provisions of the Agreement will remain of full force and effect.

  5. We may cede our rights in terms of the Agreement to any person without your consent.
  6. You may not cede any of your rights or transfer/assign any of your obligations under the Agreement to any person without our prior written consent.

  7. The Agreement is subject to, and will be interpreted, implemented and enforced in terms of the laws of South Africa.

  8. The parties consent to the jurisdiction of the Magistrates’ Court in respect of all proceedings arising out of or pursuant to the Agreement. This notwithstanding, either party may institute any proceedings arising out of or pursuant to the Agreement in any Division of the High Court of South Africa having jurisdiction or any other forum having jurisdiction.

  9. Subject to the Agreement, the parties choose the following addresses for the service of all notices and processes arising out of the Agreement:-
89.1 Us: [email protected]

89.2 You: Your Physical Address.

  1. Either party may at any time by written notice to the other party vary its domicile address in terms of clause 88 to any address within the Republic of South Africa.

  2. A notice actually received by a party will be adequate notice to that party notwithstanding that it was not delivered to that party’s domicile address in terms of clause 88.


    3. CONTACT ME


  3. Don't hesitate to contact me if you have any questions.

    4. 92.1 Via Email: [email protected]