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We make our software available on condition that you accept this license as they are and without modifications. This license is a binding contract between you and us so it is very important that you read them carefully and ensure that you understand and accept them.
If you access and/or receive a benefit from and/or use our software, we will take that to mean you have read and understand this license and agree to them. If you do not agree with any provision contained in this license, please do not use our software.
We reserve the right, in our sole discretion, to, and you agree that we may, amend this license at any time, in any way and from time to time. We will notify you if and when we amend this license. These amendments shall come into effect immediately and automatically.
It is your responsibility to review this license regularly and to ensure that you agree with any amendments to this license. If you do not agree with any amendments to this license, you may no longer make use of the website or our software.
Only we may amend this license and when we do so, it will be in writing.
Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an “electronic transaction” with us on our software. No part of this license is intended to limit the rights the ECT Act grants you.
Any reference in this license to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
Legal age and capacity
You may not use our software and may not accept this license if you are a person barred from receiving our software under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you use our software.
In using our software you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being this license.
This license may contain a number of terms and phrases which have a specific meaning in this document. The headings in this license are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this license;
Unless we indicate to the contrary in this license, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa;
The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –
When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;
All annexures, addenda and amendments to this license form an integral part of this license and, therefore, our contract with you.
We have developed a software application which enables our users to manage aspects of their business’ financial needs.
We offer our software to you on or through the website subject to this license. Our software may also be subject to additional terms of service in which case we will notify you of this fact. We reserve any right not expressly granted to you.
We do not claim ownership of the medium on which our software is recorded or stored, but we do retain ownership of all copies of our software itself. You assume sole responsibility for the installation, use and results obtained from use of our software. In other words, we provide the tool; its use is your responsibility. As with any new tool, you may wish to seek instruction from third parties to use the tool, or in this case, our software, most effectively.
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING AND/OR INSTALLING OUR SOFTWARE. THE INDIVIDUAL OR ENTITY DOWNLOADING AND/OR INSTALLING OUR SOFTWARE AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DOWNLOAD AND/OR INSTALL OUR SOFTWARE AND DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE OUR SOFTWARE AND PROMPTLY DELETE OUR SOFTWARE FROM YOUR COMPUTER, AND CONTACT US REGARDING YOUR LICENSE PRICE.
We grant you a limited, non-exclusive license to do only the following:
You may NOT –
You agree to pay us a once-off license fee for the use of our software. You may do so on our website and on making payment of the license fee, you will have an opportunity to download our software.
Payments are handled through our authorized out-sourced vendor solution, 2checkout. Please make sure that you enter your correct details to receive your order. Your sensitive data is safe and your transactions are protected by industry leading Secure Sockets Layer (“SSL”) software.
2checkout is our authorized goods and services reseller.
Registration with us
You warrant that any information you submit to us is accurate, current and complete. We will not render our software to you should you breach this warranty or subsequently be found to have breached this warranty.
You agree that the security of your user account is solely your own responsibility. You further agree that –
Protection and Security
You agree to use its best efforts and to take all reasonable steps to safeguard our software to ensure that no unauthorized person shall have access to our software and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. You acknowledge that our software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to us.
Limitation of Liability
We don’t provide any warranties of any kind with regards to our software. You agree to license and use our software “as is”. As a practical matter, however, we welcome suggestions and bug reports from you (although we don’t provide any support for our software).
Training must be sought from experienced third parties of your choosing, at your risk and cost. We do not undertake the responsibility to “teach” how to use our software included in this license. We similarly do not provide any technical support for our software.
No oral or written information or advice we or our dealers, distributors, employees or agents may give shall in any way extend, modify or add to this “No Warranty” statement.
Disclaimer of liability
NO WARRANTY IS PROVIDED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISK AS TO THE SUITABILITY, QUALITY, EASE OF USE, AND PERFORMANCE OF OUR SOFTWARE. YOU FURTHER REMAIN RESPONSIBLE FOR ENSURING YOU BACKUP YOUR DATA REGULARLY.
IN NO EVENT WILL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR’S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF OUR SOFTWARE.
From time to time we may, in our sole discretion, advise you of updates, upgrades, enhancements or improvements to our software and/or new releases of our software (collectively, “enhancements”) in exchange for payment of prices which we may establish from time to time. All such enhancements to our software shall also be governed by the terms of this license. IN ORDER FOR YOU TO BE ASSURED THAT YOU WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO OUR SOFTWARE, YOU MUST COMPLETE THE REGISTRATION FORM ON THE WEBSITE.
If any term of this license is held by a court of competent jurisdiction to be invalid or unenforceable, then this license, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
This license is effective until terminated. This license will terminate immediately without notice from us if you fail to comply with any of its provisions. Upon termination of this license, you must destroy our software and all copies thereof. You may terminate this license at any time by similarly destroying our software and all copies thereof in your possession.
If you breach any of this license, we may immediately, automatically and without notice to you, terminate your use of and access to our software and/or prohibit your future access to our software and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.
We take reasonable steps to protect your personal information. For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
We may electronically collect, store and use personal information with your consent (if you don’t consent to this, please do not use or register on the website or use our software). This personal information includes, but is not limited to, the following:
We collect, store and use the personal information described above in order to (but not limited to the following) –
Personal information collected from you may be deleted from the website and member databases when your user account on the website is terminated for any reason.
We may collect, maintain, save, compile, share, disclose and sell the information subject to the following:
Software and equipment
It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and access accounts required to access the Internet and our software which have an online component (including, but not limited to, the website).
Governing law and jurisdiction
Our software is developed, sold and maintained from the Republic of South Africa.
We both agree that this license shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
You irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of your claim may exceed the ordinary monetary jurisdiction of the Magistrates Court.
You also irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of the South Gauteng High Court, South Africa.
Legal service of documents and notices
We choose the following address and contact details below for all communication purposes under this license, whether in respect of court process, notices or other documents or communications of whatsoever nature:
You agree that:
This license constitute the whole agreement between you and us relating to your access to and use of our software.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of this license which we may show, grant or allow you shall operate as an estoppel against us in respect of its rights under this license nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
Nothing in this license shall create any relationship of agency, partnership or joint venture between you and us and you shall not hold itself out as our agent or partner or as being in a joint venture with us.
Microsoft and Excel are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other Countries.