ARCHON DIGITAL WEBSITE TERMS AND CONDITIONS
Last Updated: July 16, 2015
THE USE OF THE ARCHON WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS.
ACCESSING, USING THE ARCHON WEBSITE OR ANY PART THEREOF OR BY TICKING THE TICK BOX OR
REGISTERING TO USE THE SOFTWARE (AS DEFINED HEREIN) FROM THIS WEBSITE IMPLIES THAT THE
USER (“YOU”) AGREE TO THE TERMS AND CONDITIONS BELOW.
For ease of reference, the breakdown of the applicable Terms and Conditions (click on any of the following headings to be transferred to the specific clause):
“the Archon website” or “our website” or “the website” means this website and all its pages and content, owned and operated
by Archon Digital CC (“We” / “Us”), located at: http://archonbpm.com;
“Content” means, but not limited to text, graphics, icons, links and other similar material on the website;
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
“Intellectual Property rights” means he rights in and to copyright (including but not limited to literary-, artistic-, musical- works, photograph, sound recording, computer programs (including but not limited to the Software)), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets.
“Software” means the software made available by Us, subsequent to your registration, against the applicable Archon Software License Agreements.
2. About Us
- Company Name
- Archon Digital CC
- Registration Number
- Daniel Barla-Szabo, Gabor Barla-Szabo
3. Accessing the Archon Website
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on
our website without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
Access to the website is subject to these terms and conditions;
User Information: When using this website, you agree to be responsible for providing accurate and complete information about
yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining
the confidentiality of your password and account and must not disclose it to any third party (see Service Terms). Furthermore, you
are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the
accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for
ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. License and License Conditions
- Archon hereby grants you a non-exclusive, non-transferable license, subject to the conditions below, to:
- View / browse the website;
- Use content for personal and non-commercial purposes only, unless otherwise agreed to in writing;
- Copy, download and print the Content of the website for purposes of executing - or with the intention to execute a transaction between you and us or any of our agents;
- Use the software made available on the website only for purposes of obtaining Content from the website or download the Software.
Other than as agreed to above, you may not:-
- Use the website in any way that breaches any applicable local, national or international law or regulation.
- Use the website In in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards under paragraph 4.5 below.
- knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
- copy, adapt, redistribute or modify any part of the website or frame, "mirror", data-mine or cache the website or reverse engineer, copy, modify, download, distribute, decompile or create a derivative work of the software available or Content, or any part thereof without prior written permission from Us. For any re-use or distribution of the Content, you must make clear to others the terms and conditions applicable to the Content available from the website;
- You may not sublicense any of the content available from the website. You must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;
- You may not assign, transfer or sublicense the rights pursuant to this Agreement;
- In all of the aforesaid licensed rights, We must be acknowledged as the source of the material and the Archon contact details must be reflected accordingly;
- You may not use the website’s communication facilities for purposes of unsolicited communications (“Spam”).
- HYPERLINKS TO AND FROM THE WEBSITE
- This web site may contain links to other websites operated by third parties. We do not endorse, or approve of the operators and / or owners of third party web sites, or operate or control in any respect any of the information, graphics and material on those third party web sites or guarantee that the website will be operation at all times. Links to third party websites are included solely for your convenience. You therefore assume sole responsibility for the use of a third party website;
- We make no warranties or representations:
- regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party web site content or products or services available through third party web sites; or
- that third party web site content does not infringe the intellectual property rights of any person. We are not authorising or endorsing or otherwise condoning the reproduction of third party web site content by linking to it.
- Hyperlinks to the website will be allowed, subject to the following conditions:
- You will be authorised to link to, but not replicate, content contained in the website;
- You may not present misleading or false information about our services or products;
- You may not imply that We are endorsing or sponsoring your – or your employer’s web site, or any services or products available from the web site containing the hyperlink;
- You may not use Archon's logos or trademarks without prior written permission from Archon;
- Your web site may not contain content that is not compliant with our content standards below;
- You agree that the link may be removed at any time upon Archon's request pursuant to Archon's reserved rights to rescind its consent to allow the link.
- Authorisation to link to the website shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form between you and Archon nor authorise you to incur any liability on behalf of Archon.
- INTERACTIVE SERVICES
- We may from time to time provide interactive services on our site, including, without limitation Social Networking – Facebook (“interactive services”) or our Login facility. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical) and the conditions (where applicable).
- We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the relevant person, should a concern or difficulty arise.
- CONTENT STANDARDS
- These content standards apply to any and all material which you contribute to our site, including our interactive services (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Contributions must:
- Be accurate (where they state facts);
- Be genuinely held (where they state opinions);
- Comply with applicable law in South Africa and in any country from which they are posted;
- Be your own, or content of a third party of which you have obtained the necessary consent to upload the content;
- Contributions must not:-
- contain any material which is defamatory of any person or any material which is obscene, offensive, hateful or inflammatory,
- promote sexually explicit material or violence,
- discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrasses, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- We aim to update the website regularly, and may change the content at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
5. Intellectual Property Rights
- The Intellectual Property available on the website (including the interactive services) or obtained via the interaction between yourself and Us (i.e. the Software) are the property of - or license to Archon and may not be utilized outside the licensed terms as set out under these terms and conditions;
- Our status (and that of any identified contributors) as the authors of material on the website must always be acknowledged.
- E-mail addresses, names, telephone numbers and fax numbers published on the website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from Archon to utilise same.
- Archon would be pleased to consider requests for permission to disseminate or use Archon content outside the scope of the license terms set out under above, provided that our written approval is obtained in advance. To obtain approval please contact us at: +27 (0) 83 376 276 or email@example.com.
6. Terms of Service
Service specific terms and conditions:-
- Product / Services
- The main purpose of the website is to introduce you to the services and solutions available from Archon;
- Services and Solutions available: go to “Features” and “Try/Buy” to view same;
- Software Specifications:
- For more information on system requirements you can go to: http://www.archonbpm.com/help/#system-requirements. These requirements may be changed from time to time and we recommend that you refer to them prior to any download of any Software
- For more information on the Software license request subsequent to initial trial version you can go to: http://www.archonbpm.com/help/#license-request
- Prices and payment:
- Access to the website:- free
- For prices on Software available from the Website you could click here, however f you need to speak to someone you can go to “More/Contact Us”. Prices being in constant evolution, the prices shown are subject to modification at any time.
- The price of the Software or any other Archon services will be as quoted on our website from time to time.
- Software prices exclude Value Added Tax (VAT), however take note that if you order from the Republic of South Africa (“RSA”) and/or utilise the Software in the RSA we are obliged to add an additional VAT amount (current rate is 14%) to the Software price. Archon may utilise additional verification technologies to verify the aforesaid. If we establish at anytime during or subsequent to the order process that the Software is order from the RSA or utilised in the RSA we will be entitled to charge the additional VAT amount under a separate invoice to you, which amount you shall pay within 7 (seven) days from date of the invoice.
- If the rate of VAT changes between the date of your order and the date of download, we will adjust the VAT you pay, unless you have already paid for the Software in full before the change in VAT takes effect.
- Software prices are liable to change at any time, but changes will not affect orders in respect of which we have already communicated to you our acceptance of same.
- Take note: it is always possible that, despite our best efforts, some of the Software listed on our site may be incorrectly priced. We will normally verify prices as part of our acceptance procedure so that, where the Software's correct price is less than our stated price, we will charge the lower amount when accepting your offer. If the Software’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before accepting your offer, or reject your order and notify you that we are rejecting it.
- If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Software to you at the incorrect (lower) price.
- Payment for all Software must be by SWIFT Electronic Funds Transfer.
- Ordering of Software:-
- Prior to submission of any Order you will have to register on our Website.
- By registering on the website we license you with a 30 (thirty) day trial version of the Software to see whether you would like to proceed with a full license. We make revoke this license at any time in our sole discretion. Where you are a consumer, the trial license will enable you to ascertain whether you would like to proceed with the full license or not and is seen as our ‘cooling off period’ to you.
- No information or data on the website is an offer, but merely an invitation to do business.
- Your order constitutes an offer to us to license the Software. All orders are subject to acceptance by us, and we will confirm such acceptance to you by e-mail. We reserve the right to decline any order without giving any reasons and will only be liable to refund monies already paid by you. It is important to take note that the communication to confirm receipt of your offer is not our acceptance as explained above.
- Any software or related materials that are made available to download from this website or otherwise provided to you ("Software") is the copyrighted work of Archon and/or its licensors (if any). You must be a registered Archon subscriber in order to download and/or use the Software (go to Register). Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the applicable end user license agreement ("Archon Software License Agreement"), which you must first agree to by clicking on the "I AGREE" (or similar prompt) prior to downloading. Any use, reproduction or redistribution of the Software not in accordance with such Archon Software License Agreement is prohibited.
- In terms of the Order You agree and warrant that:-
- you are resident in the country as selected on the Order Form or where you order on behalf of an organisation, that the selected country is the country in which the organisation (ordering the Software) is physically located;
- you will utilise the Software in the country as per Order Form or where you order on behalf of an organisation that the organisation will only allow utilisation of the Software in such country;
- Where you acquire the Software as employer for utilisation by your employees or Independent contractors you will be jointly and severally liable for any breach of the Software License Agreement by any employee, director or independent contractor appointed by You.
- Prior to the submission of your order you will allowed to review your order; kindly ensure that all details are correct. By clicking on the submission button and by receiving your order we assume that all details are correct, that you have agreed to these terms and conditions and policy as may be reflected prior to submission;
- On acceptance of your order by a contract will be formed between You and us.
- Subsequent to the acceptance of your order we will place the tax invoice, reflecting the details as per your order, on the login facility of which you have access to for record purposes. If there are any discrepancies between the final invoice and the confirmation page just prior to your submission of the order, then kindly advise us within 2 (two) days from date of the invoice.
- Should we be unable to perform in accordance with an order because the Software download functionality is unavailable, we will notify you as soon as reasonably possible. We will endeavour to correct whatever fault there maybe, however if we are unable to rectify the download functionality within 5 (five) working days, we will refund any payments within 14 (fourteen) working days after date of such notification.
- Risk and title
- The Software will be your responsibility from the time of download and in accordance with the Archon Software License Agreement.
- The Software is only licensed and not sold to you; ownership of the Software will never pass to you.
7. Privacy and Protection of Personal Information
- Although Archon is not obliged to provide security on the website we feel it is important that Your information or any communication between You and Archon is dealt with in the most secure manner reasonable possible, however because of the nature of the internet We cannot warrantee that Your communications with Archon via the website is completely secure;
- To provide adequate security to all Users of the website and to monitor activities prohibited under section 86 of the ECT Act the User hereby agrees to Archon right to intercept, monitor, block, read, delete or accesses all data sent to the website or any other Archon communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;
- It is our policy to virus check documents and files before they are posted on this website. However, We cannot guarantee that documents or files downloaded from this website will be free from viruses and We do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you will not post or provide to Us via the website, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via the website. You hereby indemnify Archon, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this website or the Archon or its service provider’s infrastructure.
- You may not access or use the website to violate the security or integrity of any network, computer or communications system, software application, or computing device. This includes, without limitation, attempting to obtain, or obtaining, unauthorized access to any of the foregoing, attempting to probe, scan, or test the vulnerability of a system or its security or authentication measures, interception of data or traffic, and forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. You may not access or use the website to make or attempt to make network connections to any users, hosts, or networks unless you have permission to communicate with them. This includes, without limitation, monitoring or crawling of a system that impairs or disrupts the system being monitored or crawled, denial of service attacks, intentional interference with a system, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques, operating network services like open proxies, open mail relays, or open recursive domain name servers and using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing confidential information to the extent we deem it necessary to comply with applicable law. We also may cooperate with applicable law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these terms and conditions.
9. Limitation of Liability
- THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE ARCHON SOFTWARE LICENSE AGREEMENT(S). EXCEPT AS SPECIFICALLY WARRANTED ON THE ARCHON SOFTWARE LICENSE AGREEMENT OR HEREIN, ALL SOFTWARE, CONTENT AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARCHON, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER ARCHON, NOR ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, WARRANT THE ACCURACY, COMPLETENESS OR QUALITY OF ANY OF THE MATERIALS OR SERVICES ON THE WEBSITE.
- ARCHON MAY MAKE CHANGES/AMENDMENTS TO THE ARCHON WEBSITE, THE POLICIES, INFORMATION DESCRIBED IN THE MATERIALS OR CONTENT OF THESE TERMS AND CONDITIONS, AT ANY TIME WITHOUT NOTICE. ARCHON RESERVES THE RIGHT TO VARY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME. ANY CHANGES SHALL TAKE EFFECT UPON POSTING TO THIS WEBSITE. ARCHON MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND MAY DISCONTINUE ANY PART OF THE ARCHON WEBSITE OR SERVICES OR CERTAIN SOFTWARE OR VERSION OF CERTAIN SOFTWARE FOR THE UTILISATION OF THE ARCHON WEBSITE;
- ARCHON AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, EXPENSES OR LOSSES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, ANY DELAYS, WHETHER IN AN ACTION IN CONTRACT OR DELICT, ARISING OUT OF THE USE OR INABILITY TO USE THE ARCHON WEBSITE OR PERFORMANCE OF THE ARCHON WEBSITE OR NON-PERFORMANCE OF THE ARCHON WEBSITE, I.E. ARCHON WEBSITE NOT AVAILABLE AS A RESULT OF 3RD PARTY SERVICE PROVIDERS, MAINTENANCE, ENHANCEMENTS, EVENTS OUTSIDE THE CONTROL OF ARCHON OR FORCE MAJEURE EVENTS OR THE ABILITY TO DOWNLOAD AND USE THE SOFTWARE FROM THE WEBSITE, EVEN IF ARCHON HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY WILL BE TO NOTIFY US AND FOR US TO RECTIFY THE PROBLEM IDENTIFIED WITHIN A REASONABLE TIME. WHERE YOU HAVE MADE PAYMENT IN TERMS OF SOFTWARE ACQUIRED, WE WILL ONLY REFUND YOU THE AMOUNT PAID TO US BY YOU IF THE PROBLEM IDENTIFIED HAS RESULTED IN THE UNAVAILABILITY OF THE INITIAL SOFTWARE DOWNLOAD.
10. Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
- An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
11. Agreement And eCommunications
- Formation and validity of these terms and conditions
You agree and warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old;
- all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) of the ECT Act);
- Time and Place of communication, dispatch and receipt
- Data Messages (as per the ECT Act) sent from Archon to you have been sent from Archon place of business;
- Data Messages sent from Us to you are deemed to be received by you when complete message are outside Our control (left the system of Archon);
- Data Messages from you to Us are deemed to be received by Us only when an authorised Archon representative responds thereto (excluding an automated response). Such acknowledgement further does not give legal effect to that message, unless specifically indicated by Us that it does give legal effect to the Message;
- Expression of intent
- You acknowledge that all agreements, authorization or request under this agreement satisfies the “writing” requirement as per section 12 of the ECT Act;
- The browsing of our website indicates to use that you agree to these terms and conditions (“Browse Wrap Agreement”). In addition (for purposes of ordering the Software) you further indicate to us your agreement to the Terms of Service by clicking on the tick box made available prior to submission of Your order;
- For purposes of Electronic Communications between User and Archon no electronic signature is required; the mere sending of data messages (“by clicking on “I Accept” or ticking a tick box and click on a submit button) or browsing of our website demonstrates your intent to be a party to this agreement (including but not limited the Terms of Service).
- Attribution of data messages to originator
- You agree and warrant that the data message sent, from any computer or device that is owned by you or your employer or programmed by you or on your behalf, to Us was sent by you or a person that had authority to act on your behalf in respect of the data message.
- Place of Business: this web site is controlled and operated by Archon from its offices at the abovementioned address.
12. Refund / Cancellation Policy
- For a description of the refund/return policy that may apply to your licensing of Software, please review the specific terms and conditions contained in the applicable Archon License Agreement or other agreement you consented to be bound to in connection with the use of Software.
13. Suspension, Breach & Termination
- We will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of the Archon website. When a breach has occurred, we may take such action as we deem appropriate.
- Failure to comply with these terms and conditions constitutes a material breach, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- order for specific performance and damages; or
- terminate this Agreement and claim damages; or
- Institute criminal procedures where applicable and necessary;
- Any other further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- All costs, charges and expenses of whatsoever nature which may be incurred by Archon in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
14. General and Miscellaneous
Sole record of agreement
These terms and conditions constitutes the sole record of the agreement between You, and/or where You are acting on behalf of your employer, Your employer and Archon with regard to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
Changes to the terms and conditions
We may revise these terms and conditions at any time by amending these pages. You are expected to check these pages from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained herein may also be superseded by provisions or notices published elsewhere on the Archon website.
No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
Survival of obligations
Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
If any one or more of the clauses of these terms and conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions is to be performed, including this clause :
- That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;
- The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these terms and conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.
- Transfer of rights and obligations
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of a contract.
15. Applicable and Governing Law
This Agreement and any matters arising there from or incidental thereto shall be governed by and dealt with in accordance with the laws of the Republic of South Africa. You hereby agree to the exclusive jurisdiction of the Western Cape High Court (Cape Town).
We recommend you print out a copy of these terms and conditions for your future reference.
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