TERMS AND CONDITIONS / CONFIDENTIALITY AND NON – USE AGREEMENT OF iSearchPlant (Pty) Ltd also refered to as iSearchPlant.co.za / iSearchPlant.com
These terms and Conditions are the Contract between You and iSearchPlant (Pty) Ltd (“us”, “we”, etc). By visiting or using Our Website (domains) http://www.isearchplant.co.za or http://www.isearchplant.com , or signing up for our Services (Subscriptions), you agree to be bound by them.
We are, iSearchPlant (Pty) Ltd, a company registered in South Africa, registered under the company number 2016 / 254857 / 07
Our address is:
You are: Anyone who uses our Website or buys a subscription from us.
Under 18 Years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy a subscription on your behalf should you wish to utilise our service offering.
Please, read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services it offer immediately. As your IP address is logged for Security reasons.
1 THESE ARE THE AGREED TERMS
|“Content”||Means the textual, visual or aural content that is encountered as part of your experience on our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by You.|
|“Intellectual Property”||Means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations, and inventions, together with all rights which are derived from those rights.|
|“Our Website” (Platform)||Means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us [or any member of the iSearchPlant (Pty) Ltd group of companies]. It includes all webpages controlled by us.|
|“Post”||Means place on or into our Website (Platform) any Content or material of any sort by any means.|
|“Services”||Means all of the services available from our Website (Platform), referring to Subscription plans.|
|“Visitor”||Means anyone who visits Our Website. (Platform)|
In this Agreement unless the Context otherwise requires:
2.1. A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. A reference to a person includes reference to that persons successors, legal representative, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3. In the context of permission, “may not” in connection with an action of yours, means” must not”.
2.4. Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing,
2.5. A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.6. This agreement is made only in the English language. If there is any conflict in meaning between the English Language version of this agreement in any other language, the English language version shall prevail.
3. BASIS OF CONTRACT
3.1. We do not offer our Service in all Countries. We may refuse to provide Subscription services if you live in a country we do not serve. (i.e. North Korea we explicitly do not deal with any entity from North Korea) as Current
Sanctions and common sense dictates we cannot provide our Services. Australia – we do not serve there.
3.2. In entering into this Contract you have not relied on any representation or information from any source except the definition and explanation of the services given on our Website. (Platform)
3.3. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on our Website (Platform) at the prices we charge from time to time. (Dependent on your subscription package selected of course!)
3.3. Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
3.4. You acknowledge that you understand exactly what is included in the Services, Subscription and you are satisfied that the Services are suitable and satisfactorily for your requirements;
3.5. So far as we allow use of our Intellectual Property, we grant a License to you, limited to the terms set out in this agreement.
3.6. Our contract with you and license to you last for Any continuation by us or by you after the expiry of is a new contract under the terms then posted on our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
3.7. The contract between us comes into existence when we receive payment from you for a subscription plan. Either by recurring debit authorization or recurring credit card debit authorization initiated by yourself.
3.8. The contact between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want. Your Payment does not create a contract. If we decline to provide a subscription plan we shall immediately return your money to your credit card.
3.9. If we give you free access to a Service or feature on our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
3.10. We may change this agreement and / or the way we provide the Service and subscriptions, at any time. If we do:
3.10.1 The change will take effect when we post it on Our Website. (Platform)
3.10.2 You agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website (Platform) or the Services.
3.10.3 We will give you notice of the change. If you do not accept the Change.
3.10.4 If you make any Payment for services in the future, you will do so under the terms Posted on our Website (Platform) at that Time.
4. YOUR ACCOUNT AND PERSONAL INFORMATION
4.1. When you visit Our Website (Platform), you accept responsibility for any action done by any person using your name, account or password. You should take all reasonable and necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
4.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4.4 You acknowledge that your IP Address is logged in our database and that you are identified accordingly.
5. iSearchPlant (Pty) Ltd Subscription Terms
5.1. Details of the cost and benefits of iSearchPlant (Pty) Ltd subscriptions are set out on our Website and accordingly updated from time to time.
5.2. Payment for an iSearchPlant (Pty) Ltd subscription is for you can either pay monthly installment or pay a once of fee]
5.3. You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us to [start immediately / give you immediate access / provide the iSearchPlant (Pty) Ltd Marketing platform service]. You know that by doing so, you may not be entitled to a refund.
5.4. Apart from your cancellation right, termination of iSearchPlant (Pty) Ltd subscription will be regulated by this contract set out in paragraph 15 below.
5.5. We reserve the right to modify the iSearchPlant (Pty) Ltd subscription rules or system and to change the terms and the conditions of this agreement at any time, without notice. Your continued use of the iSearchPlant (Pty) Ltd subscription service after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on our Website on the Day you Subscribe to Our Website.
We do not and will not and shall not meddle with hire rates, nor shall we handle a hire contract between you and your client. Our purpose is to bring you two together that is all. And then you conduct your business, as usual.
Under no circumstances may you allow an “agent” or “someone” giving you the impression to be of “iSearchPlant (Pty) Ltd” take a look at a hire contract. Should you omit to such action you do so out of your own accord. You may verify an Agent of iSearchPlant (Pty) Ltd, simply by calling our office. And requesting the details such an agent submits to you!
6. THE PRICE
6.1. The prices payable for services / subscriptions are clearly set on Our Website (Platform).
6.2. The Prices charged individually for any services may differ from one Country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
6.3. Prices are inclusive of any applicable value added tax or other sales tax.
6.4. When you subscribe for a subscription service, that Payment may not cover other services, for which we will you to pay either by addition to your current subscription or by a single payment.
7. RENEWAL PAYMENTS
7.1. At least four (4) weeks (one calendar month) 30 days before expiry of the period, for which you have paid, we shall send you a message to your last known e-mail address to tell you that your subscription and licence to use the services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
7.2. At any time before expiry of your subscription, you may use the “Your account” tab on Our Website to access your personal information and change your requirements for requirements for services or cancel or renew your subscription. To cancel your subscription you have to Provide a valid reason whereby it will be reviewed. Note that by cancelling you are still bound by these terms and conditions set out under copyright law.
7.3. At expiry of your iSearchPlant (Pty) Ltd subscription we shall automatically take payment from your credit card or the sum specified on the invoice sent earlier and shall confirm the renewal of your iSearchPlant (Pty) Ltd subscription for a further period by sending you an e-mail message.
7.4. Subject to last previous sub-paragraph, you may cancel your subscription within your last Calendar month. If you do so we will not refund you’re subscription cost for the last month, but will take note of your cancellation and will assist you with your cancellation request on the last month.
7.5. Other than the limitation set out above iSearchPlant (Pty) Ltd subscription is not refundable at any stage during the subscription phase and you agree to the use of the services.
8. SECURITY OF YOUR CREDIT CARD AND OTHER FINANCIAL INFORMATION
WE TAKE CARE TO MAKE OUR WEBSITE (Platform) SAFE FOR YOU TO USE
8.1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
9. HOW WE HANDLE YOUR CONTENT
9.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
9.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid posting unnecessary confidential information.
9.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and license to edit, copy, publish, distribute, translate and otherwise use any Content that you place on our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
9.5. We will use that license only for commercial purposes of the business of our Website and will stop using it after a commercially reasonable period of time.
9.6. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the copyright act 1978.
9.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
9.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
9.9. You understand that you are personally responsible for your breach of someone else`s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
9.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
9.11. Please notify us of any security breach or unauthorised use of your account.
9.12. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a license to use it in terms set out at sub paragraph 9.5
10. RESTRICTIONS ON WHAT YOU MAY POST TO OUR WEBSITE
We invite you to post content to Our Website (Platform) in several ways and for different purposes. We to regulate your use of Our Website to protect our business and our staff, to protect other user of Our Website and to Comply with the Law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe content posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
10.1. Be unlawful, or tend to incite another person to commit a crime;
10.2. Consist in commercial audio, video or music files;
10.3. Be obscene, offensive, threatening, violent, malicious or defamatory;
10.4. Be sexually explicit or pornographic;
10.5. Be ;likely to deceive any person or be used to impersonate any person or to misrepresent your identify, age or affiliation with any person;
10.6. Request or collect passwords or other personal information from another user without their permission, nor post any unnecessary personal information about yourself;
10.7. Be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with the intention of passing it to a third party for his commercial use;
10.8. Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate; other than the required photographs you have to submit in order to facilitate the services we provide.
10.9. Facilitate the provision of unauthorised copies of another persons copyright work;
10.10. Link to any of the material specified in this paragraph;
10.11. Post excessive or repeated off-topic messages to any forum or group;
10.12. Sending age-inappropriate communications or content to anyone under the age of 18.
11. YOUR POSTING: RESTRICTED CONTENT
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to these restrictions set out above, a Posting must not contain:
11.1. Hyperlinks, other than those specifically authorized by us;
11.2. The name, logo or trademark of any organisation other than that of you or your client.
11.3. Inaccurate, false, or misleading information.
12. REMOVAL OF OFFENSIVE CONTENT
12.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
12.2. We are under no obligation to monitor or record the activity of any Visitor or Customer for any purpose, nor do we assume any responsibility to monitor or police Internet – related activities. However, we may do so without notice to you and without giving you a reason.
12.3. If you are offended by any Content, the following procedure applies:
12.3.1. Your claim or complaint must be submitted to us in the form available
on Our Website, or contain the same information as that requested in
our form. It must be sent to us by post or email.
12.3.2. We shall remove the offending Content as soon as we are reasonably able;
12.3.3. After we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
12.3.4. We may re-instate the Content about which you have complained or not
12.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a license to publish the complaint and all ensuing correspondence and communication, without limit.
12.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
13. SECURITY OF OUR WEBSITE
If you violate Our Website we shall take legal Action against you. You now agree that you not, and will not allow any other person to:
13.1. Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any Software used within it.
13.2. Link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
13.3. Download any part of Our Website, without our express written consent;
13.4. Collect or use any product or service listings, descriptions, or prices;
13.5. Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
13.6. Aggregate, copy or duplicate in any manner any of the content or information available from Our Website, other than as permitted by this agreement or as reasonably necessary for your use of the Services;
13.7. Share with a third party any login credentials to Our Website;
13.8. Despite the above terms, we now grant a license to you to:
13.8.1. Create a hyperlink to Our Website for the purpose of promote an interest common to both of us. You can do this without specific permission. This license is conditional upon you’re not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
13.8.2. You may copy the text of any Page for your personal use in connection with the purpose of Our Website or a Service we Provide
14. STORAGE OF DATA
14.1. We may from time to time, set a limit on the number of messages you may send, store, or receive through the service.
14.2. We maintain reasonable procedures for general backup of data for our purposes but we give no warranty that your data will be saved or backed up in any particular circumstance unless we have made specific contractual arrangements with you in writing.
15.1. This agreement terminates on the expiry of your subscription on the date you purchased your initialed subscription package with iSearchPlant (Pty) Ltd.
15.2. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate your subscription.
15.3. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
15.4. Termination by either party shall have the following effects:
15.4.1. Your right to use the services immediately ceases;
15.4.2. We are under no obligation to forward any unread or unsent messages to you or any third party;
15.5. We may terminate this
15.6. In the event of such termination by us, we will refund to you the balance of your subscription.
15.7. There shall be no re-reimbursement or credit if the service is terminated due to your violation of the terms of this agreement, there will be no credit given either way.
15.8. We retain the right, at our sole discretion, to terminate any and all parts of the services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of terms of this agreement.
16. INTERRUPTION TO SERVICES
16.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
16.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
16.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
17. INTELLECTUAL PROPERTY
You agree that at all times you will:
17.1. Not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
17.2. Notify us of any suspected infringement of the Intellectual Property;
17.3. So far as concerns software provided or made accessible by us to you, you will not:
17.3.1. Copy, or make any change to any part of its code;
17.3.2. Use it in any way not anticipated by this agreement;
17.3.3. Give access to it to any other person than you, the licensee in this agreement;
17.3.4. In any way provide any information about it to any other person or generally.
17.4. Not use the Intellectual Property except directly in our interest.
18. DISCLAIMERS AND LIMITATION OF LIABILITY
18.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
18.2. All implied conditions, warranties and terms are executed are excluded from this agreement. If any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
18.3. Our Website and our Services are provided “as is”. We make no representation or warranty that the service will be:
18.3.1. Useful to you;
18.3.2. Of satisfactorily quality;
18.3.3. Fit for a particular purpose;
18.3.4. Available or accessible, without interruption, or without error.
18.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
18.5. We make no representation or warranty and accept no responsibility in law for:
18.5.1. Accuracy of any content or the impression or effect it gives;
18.5.2. Delivery of Content, material or any message;
18.5.3. Privacy of any transmission
18.5.4. Third party advertisements which are posted on Our Website or through the Services;
18.5.5. The Conduct, whether online or offline, of any user of Our Website or the Services;
18.5.6. Failure or malfunction of computer hardware or software or technical equipment or system connected directly to your use of the Services;
18.5.7. Any act or omission of any person or the identify of any person who introduces himself to you through Our Website;
18.5.8. Any aspect or characteristic of any service advertised on Our Website by a third party.
18.6. You agree that in any circumstances when we may become liable to you, the
limit of our liability is (ZAR) R 0.00 You enter this contract voluntarily.
18.7. Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of R 0.00 This applies whether your case is based on contract, tort or any other basis in law.
18.8. We shall not be liable to you for any loss or expense which is:
18.8.1. Indirect or consequential loss; or
18.8.2. Economic loss or other loss of turnover, profits, business or goodwill
even if such loss was reasonable foreseeable or we knew you might
18.9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
18.10. If you become aware of any breach of any term of this agreement by any person, please tell us by confidential email or by calling us directly we welcome your input but do not guarantee to agree with your judgement.
19. YOU INDEMNIFY US
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
19.1. Your failure to comply with the law of any country;
19.2. Your breach of this agreement;
19.3. Any act, neglect or default by any agent, employee, licensee or customer of yours,
19.4. A contractual claim arising from your use of the services, subscriptions
19.5. A breach of the Intellectual Property rights of any person;
And for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonable be valued at R3,200.00 excl VAT per hour without further proof.
20. MISCELLANEOUS MATTERS
20.1. You undertake to provide to us your current address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
20.2. The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
20.3. If any term or provision of this agreement is at any time held by jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.5.1. publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
20.5.2. Terminate your account and refuse access to Our Website;
20.5.3. Remove or edit Content, or Cancel any Order at our Discretion;
20.5.4. Issue a Claim in any Court
20.6. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
20.7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.8. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery only.
20.8.1. It shall be deemed delivered:
If delivered by hand: on the day of the delivery;
If sent by post to the correct address: within 72 hours of posting
20.9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
20.10. This agreement does not give any right to any third party.
20.11. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
20.12. The validity, construction and performance of this Agreement shall be governed by the laws of Southern Africa.
21. YOUR AGREEMENT TO CONFIDENTIALITY
This confidentiality and non-use agreement is entered in between the subscriber, new member, recurring member recipient and iSearchplant (Pty) Ltd upon acceptance of the terms of service, and visiting the platform iSearhplant. Whereas in terms of the agreement the Discloser is referred to as iSearchplant (Pty) Ltd. The Dicloser is in possession of proprietary confidential information relating to the website / platform (“the proprietary / Intellectual property and Whereas the discloser has disclosed or may disclose to the recipient technical information, business information and / or ideas relating to the business “(Confidential Information)
Now therefore the Recipient, subscriber, new member, recurring member agrees and undertakes as follows:
NON – DISCLOSURE
21.1 The recipient subscriber, new member, recurring member hereby undertakes in favor of the Discloser that it shall not use, disclose or divulge, directly or indirectly, the Discloser confidential information to any person, whether in the recipient employ or not, or that any entity who is not a party to this agreement, otherwise in accordance with the provisions of this agreement.
21.2 The recipient subscriber, new member, recurring member shall take all such steps as may be reasonable necessary to prevent the Discloser Confidential information from falling into the hands of unauthorized third parties.
21.3 Notwithstanding the provisions of paragraph 21.2, the Discloser Confidential information may be disclosed by the recipient subscriber, new member, recurring member to its staff that is assigned confidentially agreements. Professional advisers, agents and consultants should that be strictly necessary for the purpose for which the confidential information was disclosed, provided that the recipient shall take whatever steps are necessary to procure such staff, professionals advisers, agents and consultants agree to abide by the terms of this agreement in order to safe guard and prevent the unauthorized disclosure of the ideas and concepts to third parties.
21.4 The Recipient subscriber, new member, recurring member hereby acknowledges that the unauthorized disclosure of the confidential information may cause irreparable loss, harm and damage to the Discloser and accordingly the Recipient subscriber, new member, recurring member indemnifies and holds the Discloser harmless against any loss or damage, or whatever nature, suffered or sustained by the Discloser pursuant to a breach by the Recipient subscriber, new member, recurring member of the provisions of this agreement.
21.5 Any documentation or records relating to the Disclosures Confidential information which comes into the Recipient subscriber, new member, recurring member possession during the existence of this agreement or at any time thereafter
a) shall be deemed to form part of the Discloser`s Confidential Information;
b) shall be deemed to be the Discloser`s property;
c) shall not be copied, reproduced, published or circulated by the recipient subscriber, new member, recurring member, otherwise than for the purposes for which the confidential information was disclosed;
d) shall be surrendered to the Discloser on demand, and in any event on the termination of this agreement, and the Recipient subscriber, new member, recurring member shall not retain any extracts therefrom, unless the Discloser otherwise agrees in writing.
21.6 The above undertakings by the Recipient subscriber, new member, recurring member relating to confidentiality shall not apply to information which –
a) is or hereafter becomes part of public domain otherwise than by default of the Recipient; or
b) is acquired by the Recipient subscriber, new member, recurring member independently from a third party acting in good faith who has not previously obtained the confidential information directly or indirectly under a confidentially obligation from the Discloser; or
c) is acquired or developed by the Recipient interdependently of the Discloser and in circumstances that do not amount to a breach of the provisions of this agreement; or
d) is disclosed to a third party pursuant to the prior written authorization of the Discloser;
e) Is disclosed to by the Recipient to satisfy an order of a court of competent jurisdiction.
21.7 Information which is acquired pursuant to the implementation of this agreement shall be deemed to be confidential information and shall be deemed to be Confidential Information and shall be subject to the provisions contained in this clause.
This agreement shall remain in force for a period of ten (10) years from the acceptance of these terms and conditions and the Recipient subscriber, new member, recurring member acknowledges the acceptance of these terms and conditions by clicking and registering on the Platform. And by visiting the platform as IP addresses is logged on the server
23.1 This agreement constitutes the sole record of the agreement between the parties in regard to the subject matter hereof.
23.2 No party shall be bound by any representation, warranty, undertaking, promise or the like not recorded in this agreement.
23.3 No addition to, variation or consensual cancellation of this agreement shall be of any force or effect unless done upon acceptance of the terms of service by the Recipient subscriber, new member, recurring member.
23.4 Any indulgence which the Dicloser may show to the Recipient subscriber, new member, recurring member in terms of or pursuant to the provisions contained in this agreement shall not constitute a waiver of any right of the Discloser
23.5 This agreement is governed by by the Laws of South Africa
Note by visiting the platform, viewing the platform and upon clicking acceptance of the Terms of Service you digitally signing and accepting the Terms of service including the Confidentially and Non – Use Agreement.
In GOD we Trust!