Terms and conditions
We are so pleased that you have found Our Website. We hope you love using it and that it brings you good things. The information set out below is essential and should be considered carefully. It has been written to keep us both safe.
Terms and Conditions
Neither we nor Our Website offer crisis intervention or emergency services. If you think you are at risk for suicide or may have a medical emergency, you should go to your nearest emergency room.
Terms and Conditions Last updated: 06 September 2023
The terms and conditions set out herein are the contract between you and THERAPYROUTE (PTY) LTD (“us”, “we”, “our”, etc.). By registering with us, visiting, or using Our Website, you agree that you have read these terms and conditions, understood them and agree to be bound by all of them, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age exceeds 18, to register with us or use Our Website and Service. Suppose you are between 13 and 18 years old or the applicable legal age in your jurisdiction. In that case, you may use Our Website only in conjunction with, and under the supervision of, your parent or legal guardian, who has agreed to the terms and conditions set out herein. If you are under 13, you may not use Our Website. If you are the parent or legal guardian of a child under 18, you may use Our Website or Service on behalf of such minor child.
TherapyRoute.com is a trade name of THERAPYROUTE (PTY) LTD, company number: 2016/219683/07, incorporated in the Republic of South Africa, whose registered address is at 29 Wargrave Road, Kenilworth, Cape Town, 7708, Western Cape.
Our Website is administered in South Africa; any users outside of South Africa are responsible for compliance with local laws applicable to their use of the Service or Our Website.
You are: Anyone who uses Our Website or our Service. Suppose you use Our Website or Service on behalf of a minor child. In that case, you represent and warrant that you are the parent or legal guardian of such child and that all references in these terms and conditions to “you” shall refer to such child or such other individual for whom you have authorisation to enter into these terms and conditions on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorised party of such individual. If you do not qualify under these terms, do not use the Site or Services.
Please read this agreement carefully and save it. If you disagree with it, you should not use Our Website.
These are the agreed terms.
Definitions
“Affiliate Link”
Means any link (URL) that contains the ID or username of a member that is used to track the traffic that an affiliate directs to an advertiser’s site as part of an affiliate program.
“Content”
Means the textual, visual or audio content encountered as part of your experience using [the App or] Our Website. It may include, among other things, text, images, sounds, videos and animations. It includes content Posted by you.
“Forums”
Means interactive areas on Our Website that allow you and Users to engage in online discussion. This includes sites intended to enable peer support (Online Support Groups) and areas that encourage information sharing.
“TherapyRoute.com”
Means us, the owner/s of our business, and all our staff and contractors. It also means the Therapist Sites service, Articles, and Directory we operate and the business of operating it.
“Service”
Means any service we provide as set out on Our Website and in this contract.
“Directory”
Means the TherapyRoute directory of psychotherapists, mental health service providers and mental health service-providing organisations that form part of Our Website.
“Basic Entry”
Means any directory entry that does not use Our Website’s Therapist Site service and includes all entries in our database, whether they are set to appear in searches or not or on Our Website.
“Therapist Site”
Means any directory entry, web page, or part thereof created by or uses Our Website’s Therapist Site builder function and includes entries, whether they are set to appear in searches or not or display on Our Website.
"Therapist Site Domain”
This means the subdomain (e.g.: [subdomain]. TherapyRoute.com) or domain directory (e.g. TherapyRoute.com/[domain-directory) used to host and or display a Therapist Site.
“Blog”
Means the article content submitted to or posted on Our Website either by you, us or a User and includes the articles published and set to only display within the blog sections of a Therapist Site.
“User”
Means any person other than you who uses Our Website for any purpose.
“Our Website”
Means any website or service designed for electronic access by mobile or fixed devices owned or operated by us. It includes all web pages controlled by us, including but not limited to directory entries, Therapist Sites, articles and online forums.
“Provider”
Means any person or organisation whose services or details are listed on Our Website, including but not limited to the Directory and Therapist Sites.
"Post"
Means submit for publication on Our Website or to place on or into any part of Our Website any Content or material of any sort.
“Service”
Means all of the services available from Our Website.
"you”, “yours”, etc, means you, the party to this agreement.
These Terms provide that all disputes between you and us will be resolved by a BINDING ARBITRATION process held in Cape Town, Western Cape province, South Africa. A NEUTRAL ARBITRATOR will determine your rights and NOT A JUDGE (There is no JURY system in South African law), and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with us.
Suppose you register on Our Website on behalf of an individual or entity other than yourself. In that case, you represent that you are authorised by such individual or entity to accept these Terms and conditions on such individual's or entity's behalf.
Content
The Content on Our Website is intended for general informational purposes only. It is not a substitute for professional, medical or behavioural health care advice, diagnosis or treatment. Never ignore professional advice because of something you have read on Our Website. For advice to be competent, it should be individualised and based on a careful assessment of your circumstances and needs by a qualified healthcare provider. Independent healthcare professionals and organisations provide all mental health and medically related information on Our Website. This information does not establish any patient/doctor relationship between us or any user of our site, even if this information has been posted in response to your Posting a question on Our Website. It would be best if you did not rely upon any information here to represent the treatment program that might be right for you or anyone. Please consult your healthcare provider if you have any questions or concerns about your health.
The Forums on Our Website are provided solely as a courtesy to visitors. They are intended to allow people to communicate with others in the hope that this might provide opportunities for peer support. These forums are in no way intended to act as a form of therapy or to substitute for professional, medical or behavioural health care advice, diagnosis or treatment. We cannot and do not warrant that your participation in these forums will be helpful or without risk. All human-to-human encounters involve a degree of risk, which is the case on our Forums. We recommend that you discuss your participation in our Forums with your healthcare provider and immediately desist from participating if they appear to be causing you harm.
You, the user, shall be responsible for all use of the information, Content, Forum or Service accessed through your user account, which may be determined by cookies, password(s) or authentication certificate(s).
You, the user, agree that the information you gather from Our Website is for personal use only and will not be used commercially or any other purpose.
Except as expressly permitted in this User Agreement, neither you, the user, nor your designated users may reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any information, software or other content they receive or access on Our Website.
You, the user, hereby ratify, guarantee and agree to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.
Whilst every effort is made to update the information contained on Our Website, neither we nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or Content contained on Our Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on Our Website.
Providers
The Content on Our Website does not constitute referrals or endorsements to any specific tests, products, procedures, opinions, other information, or any Provider listed on the Website. YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.
Our Websites Directory is offered solely as a courtesy to visitors. We do not examine, arbitrate or warrant the competence of any Provider listed on or in any portion of Our Website. We do not conduct independent reviews to verify degrees or other professional qualifications submitted to this Website by the Providers or their affiliated organisations. We do not warrant that the Providers listed on Our Website are currently or properly licensed, registered, qualified or competent. Under no circumstances should Our Website be used to verify the credentials of a Provider.
We cannot vouch for the safety or efficacy of any treatment offered by any Provider on Our Website.
You should not rely solely on this or any other database when seeking health services. For safety’s sake, we recommend obtaining other references from authoritative, independent resources regarding any Provider’s credentials and professional reputation and that you verify that the Provider has current malpractice insurance coverage before engaging the Provider’s services.
Using Our Website to locate, contact, or receive Provider services is voluntary. In no event shall we be liable for damages to any User of any part of Our Website, including the Directory or any Therapist Site for the voluntary selection of any Provider, for the services provided by any Provider or facility or organisation listed therein, or for any other damages which may occur.
We cannot and do not provide any warranties related to the information posted by or the resulting services from any of the Providers that appear on Our Website. Reliance on any information on Our Site, whether posted by us or any of our Providers or Users, is solely at your own risk.
We are not liable for any misrepresentations or inaccuracies that may exist regarding information submitted by a Provider.
Changes and amendments
Changes and amendments are periodically made to the information herein and will be incorporated in any new editions of this Website.
We reserve the right to make improvements and/or changes or amendments to Our Website site at any time.
We reserve the right to change or discontinue any aspect or feature of Our Website without notice.
Your account and personal information
When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password – (This may include but is not limited to, you being liable for any financial loss or technical or defamation damages, either to Our Website, our business or any other person, or combination of these, that may result from the use of your name, account or password). You should take all necessary steps to ensure that the 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 unauthorised manner.
You agree that you have provided accurate, up-to-date, and complete information about yourself. We are not responsible for any error made due to inaccurate information.
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.
We will determine the ownership of all user accounts.
We own all rights in and to our services, content, data, technology and features.
The Directory
We may place data in the Directory or edit or remove any entry.
Data placed by us is obtained from open sources on the Internet or elsewhere.
We endeavour to ensure that the data is as accurate as possible and that any material data or database inaccuracies or errors shall be corrected by remedying such inaccuracies or errors as soon as possible.
We shall be under no liability to the user whatsoever because of any loss or damage sustained by the user or any third party arising out of the use of the data.
A data subject may edit his entry at any time.
We may preserve or disclose data placed in the Directory by any person:
to comply with the law, including any judicial order;
to respond to any claim by a third party;
to protect the rights of any person;
to disseminate information in the normal course of use of the Directory.
Therapist Sites
Part of Our Website allows Practitioners to create a customisable, detailed listing that looks like and serves many of the functions of a personal website (Therapist Site). We offer these users free use of our subdomains (e.g.: [subdomain].therapyroute.com) or domain directories (e.g. therapyroute.com/[domain-directory]) on the terms set forth herein for the sole purpose of hosting their Therapist Site. We retain all rights to and over any Therapist Site Domains and have the right to revoke or suspend the use of any sub-domain at any time.
How we handle your data
Our privacy policy is solid and precise. It complies fully with the relevant law.
If you Post Content to any public area of Our Website, it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
Even if access to your data 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, sensitive or proprietary information.
Any information or material sent to us will be deemed not to be confidential unless otherwise agreed in writing by the user and us.
We need the freedom to publicise our Services and your use of them. Therefore, you now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content you place on Our Website, in the public domain and any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of Our Website's business. We will stop using it after a commercially reasonable period. 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.
You now irrevocably authorise us to publish comments about your activity (e.g. written articles) through Our Website, even though it may be critical. We don’t support attacks on our members; please get in touch with us should you be subjected to unwarranted defamation.
Posting content of any sort does not change your ownership of its copyright. We have no claim over it, and we will not protect your rights for you.
You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law that may occur as a result of any Content you posted.
You accept all risk and responsibility for determining whether any Posting is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
We do not solicit ideas or text for improvement of our Service. Still, if you send us material of any sort, you are deemed to have granted us a licence to use it in the terms set out above.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and staff, protect other users, and comply with the law. These provisions apply to all users of Our Website.
We reserve the right to post Affiliate Links on Our Website. At our sole discretion, we may substitute any link posted on Our Website with our Affiliate Link.
We are not responsible for any material you submit to the public areas. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by us.
We reserve the right to remove any material submitted or posted by you without notice.
We do not undertake to screen, moderate or check every or any item Posted. Still, we do protect our business and users vigorously. Suppose we believe Content Posted breaches the law. In that case, we shall cooperate fully with the law enforcement authorities in whatever ways we can.
If notified by one of our users of any material alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to edit or delete any material posted on Our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for the performance or nonperformance of the screening activities set forth above.
You agree that you will not use or allow anyone else to use Our Website to Post, upload Content or undertake any activity that is or may:
contradict Our Website's intended purpose;
be unlawful, or tend to incite another person to commit a crime;
consist in commercial audio, video or music files;
be likely to deceive any person or be used to impersonate any person or to misrepresent your identity, age or affiliation with any person;
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
post Content on behalf of some other person, or impersonate another person;
use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Our Website and/or a third party's computer system and/or network;
be used to sell any goods or services or for any other commercial use not intended by us, for yourself or any other person. Examples are: sending private messages with a commercial purpose or collecting information to pass it to a third party for commercial use;
link to any of the material specified in this paragraph;
post excessive or repeated off-topic messages to any forum or group;
violate any copyright, trade mark, other applicable South African or International laws or our intellectual property rights or any other third party;
send age-inappropriate communications or Content to anyone under the age of 18;
violates any applicable law, and you hereby indemnify us against any loss, liability, damage or expense of whatever nature that we or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by any User to any area on Our Website. We also do not endorse any User's opinions to any area on Our Website. You acknowledge that any reliance on content posted by any User to any area on Our Website and your use of any area on Our Website is at your own risk.
Your Posting: Restricted Content
In connection with the restrictions below, we may refuse, edit, or remove a Posting that does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
hyperlinks, other than those specifically authorised by us;
keywords or words repeated, which are irrelevant to the Content Posted.
the name, logo or trademark of any organisation other than yours.
inaccurate, false, or misleading information.
Removal of Offensive Content
To avoid doubt, this paragraph is addressed to anyone who visits Our Website for any purpose.
We are under no obligation to monitor or record the activity of any user of Our Website 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.
If you are offended by any Content, the following procedure applies:
your claim or complaint must be submitted to us via the “contact us” link on Our Website, and you must provide any information that we request about your claim after that by email or post;
we shall remove the offending Content as soon as we are reasonably able;
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
we may re-instate the Content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication without limit.
You now agree that if any complaint is made by you frivolously or vexatiously, you will repay us the cost of our investigation, including all related legal fees on an attorney and client scale, plus collection commission and disbursements, if any.
Our Website: Moderated Content
Whatever the age of consent in your country, we are anxious that our users should be protected from unsuitable Content. To protect you and your children, you should know our policy, which is as follows:
Insofar as Content relates to children, our volunteers have checked both the entries and, where relevant, the links.
We do not knowingly collect personal information from any person under the age of 18 years.
Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content beyond our reasonable control.
You, not us, provide access to Our Website for the children in your care. You should check that the Content your children see is suitable for them.
Where links are concerned, you should frequently check the privacy policies of those sites that your children visit to see how they collect and use information.
Filter software may also be helpful to you.
You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
Security of Our Website
If you violate Our Website, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website 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;
download any part of Our Website without our express written consent;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
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 is reasonably necessary for your use of the Services;
share with a third party any login credentials to Our Website;
use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble Our Website, any Content offered on Our Website and/or any part thereof, including Therapist Sites, in any way, or publicly display, perform, transmit or distribute any of the preceding without our specific consent and/or as expressly permitted under the terms set out herein;
publish and/or make any use of Our Webpage Services or Content on any website, media, network or system other than those provided by Our Website, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of Our Services, Content (or any part thereof), except as expressly permitted by us, in advance and in writing;
use any “robot”, “spider”, or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of Our Website (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of Our Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through Our Website;
act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring us into disrepute or harm;
provide false information on Our Website and/or Therapist Site, whether directly or indirectly, or otherwise perform any manipulation to disguise your identity or the origin of any message or transmittal you send to us and/or any Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, your Therapist Site, your business or any statement you make;
reverse look-up, trace, or seek to trace a User, or otherwise interfere with or violate any User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of our Service and/or Therapist Sites without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to Our Services, the account of another User(s), or any other systems or networks connected to us, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of Our Website and our Services or any network connected to Our Services;
upload to Our Website or otherwise use it to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Our Website or our systems or networks connected to the Our Website and Service, or otherwise interfere with or disrupt the operation of any of our Service or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of Service in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your user account and/or any Service provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Service.
Despite the above terms, we now grant a licence to you to:
create a hyperlink to Our Website to promote an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use our logo or other proprietary graphics or trademark as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of Our Website or Service we provide.
Intellectual Property
You agree that at all times, you will:
not do anything thatthat does or might reduce the value of our intellectual property or challenge our ownership.
notify us of any suspected infringement of the intellectual property;
so far as concerns software provided or made accessible by us to you, you will not:
copy, or make any change to any part of its code;
use it in any way not anticipated by this agreement;
give access to it to any other person than you, the licensee in this agreement;
in any way, provide any information about it to any other person or generally.
not use the intellectual property except directly as intended by this agreement or in our interest.
Storage of data
We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages over that limit. We shall notify you of any limit change, except in an emergency.
We assume no responsibility for the deletion or failure to store or deliver email, other messages, or posted content.
You accept that we cannot be liable for any such deletion or failure to deliver to you.
We maintain reasonable procedures for general data backup for our own purposes, but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
Disclaimers and limitation of liability
We not liable for any defamatory, offensive or illegal conduct which may emanate from your or any User’s contact with any Provider listed on Our Website.
Nothing on this Website shall be construed as an offer by us to you, the user, but merely an invitation to do business.
Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you encounter any Content that offends against this document, please get in touch with us [via the “Contact us” page on Our Website].
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
The Our Website and Service is provided “as is” and “as available”. We make no representation or warranty that the [Service] will be:
useful to you;
reliable, accurate, completeness, or suitability;
of satisfactory quality;
fit for a particular purpose;
nor that this site will provide specific results from your use of any content, search or link on it;
nor that the files you download from this site will be free of viruses or other harmful features;
nor that Our Website will be available or accessible without interruption or error.
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.
We accept no responsibility for:
third party advertisements which are posted on Our Website or through the Service;
the conduct, whether online or offline, of any user of Our Website or the Service;
failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Service concerned.
Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of R1,500.00.
We shall not be liable to you for any loss or expense which is:
indirect or consequential loss; or
economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
You indemnify us
You agree to indemnify us against all costs, claims and expenses arising directly or indirectly from:
your failure to comply with the law of any country;
your breach of this agreement;
a contractual claim arising from your use of the Services
any Content you Post to Our Website;
a breach of the intellectual property rights of any person.
Interruption to our Service
We give no warranty that our Service will be satisfactory to you.
We will do all we can to maintain access to Our Website. Still, it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reasons. We may do so without telling you first.
You acknowledge that our Service may also be interrupted for reasons beyond our control.
You agree that we are not liable to you for any loss, whether foreseeable or not, arising as a result of interruption to our Service.
Information accessed through Our Website is provided “AS IS” and without any warranty, either expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Products and services described on the Website at any time and without notice to you.
We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
Miscellaneous matters
These website terms and conditions constitute the sole record of the agreement between you and us about your use of Our Website. Neither you nor we shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise explicitly stated, these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the Website
We may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit the Website.
No indulgence or extension of time which either you or we may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Suppose any jurisdiction holds any term or provision of this agreement as void, invalid or unenforceable. In that case, it shall be treated as changed or reduced only to the extent minimally necessary to bring it within that jurisdiction's laws and prevent it from being void. It shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not affect any other terms.
We shall be entitled to cede, assign and delegate all or any rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these terms and conditions to anyone else, and any attempt to do so in violation of this section shall be null and void.
If you are in breach of any term of this agreement, we may:
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; you now irrevocably consent to such publication.
terminate your account and refuse access to Our Website;
remove or edit Content, or cancel any order at our discretion.
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.
We respect your privacy and take reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013. Our compliance with the legislation is set out in our Privacy Policy.
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.
Any communication to be served on either party by the other shall be delivered by hand, sent by first class post, recorded delivery, or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 14 days of Posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 72 hours if the sender has received no notice of non-receipt.2
This agreement does not give any right to any third party.
In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, the terms of this agreement shall prevail.
Dispute Resolution and Arbitration
The laws of the Republic of South Africa shall govern the validity, construction and performance of this agreement.
In the event of a dispute between the parties to this agreement, they undertake to attempt to settle the dispute by engaging in good faith with the other in a mediation process before commencing arbitration. To this end, you may approach any relevant mediating authority or dispute resolution body. In instances where this process is deemed by that authority to have failed, you may, after that, refer the matter to arbitration, as set out below, for dispute resolution.
You agree that any dispute between us, not resolved in good faith or through mediation, shall be referred to arbitration and finally resolved by the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Cape Town, Western Cape province, South Africa, and conducted in English before one arbitrator appointed by the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable, and judgment upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing.
The arbitrator shall have the power to give default judgment if any party fails to make submissions on the due date or appear at the arbitration.
The provisions above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
You must send any notice or legal process relating to the Terms to the following address: 29 Wargrave Road, Kenilworth, 7708, Cape Town, South Africa.
Last updated: 06 September 2023
