WeconnectU (PTY) LTD
TERMS AND CONDITIONS OF SERVICE AND USE
1.1 The User’s use and access to the WeconnectU web-based application and the website is governed by the terms andconditions as set out in this agreement. They constitute a legal and binding agreement between the parties enforceable against all persons that access the WeconnectU web- based application and the website or any part thereof in terms of Section 11(3) of the Electronic Communications and Transactions Act, 25 of 2002.
1.2 It is emphasized that should the User not accept the terms and conditions of this Agreement, the User must stop using the WeconnectU web-based application and the website immediately and press ‘Cancel’ or ‘Back’, seeing as further use will automatically bind the User to this agreement. Should you, at any time, not accept this Agreement in full, you are not permitted to use the WeconnectU web-based application or the website or any party thereof.
1.3 WeconnectU reserves the right to change these terms and conditions or to modify any features. WeconnectU will notify all clients of the contents of the changes in writing. It is the responsibility of the User to review any amendments on each occasion and should the User continue to use the WeconnectU web-based application together with the website after changes are made, he/she is deemed to have accepted the amended agreement.
2. PARTIES TO THE AGREEMENT
2.1 This Agreement is concluded between: WeconnectU Pty Ltd, Reg: 2017/012125/07, whose registered office is at 50A Old Stellenbosch Road, Somerset West, 7130, Western Cape Province, South Africa (hereafter “WeconnectU”) and the person, business entity or sole trader, authorised
to use or provide WeconnectU or the website and shall include any of your employees or subscribers using the WeconnectU web-based application or the website (hereafter “the User”, “he/she”).
3.1The following capitalized words shall have the following meanings:
3.1.1 ‘Agreement’means the terms and conditions of use, as published and amended from time to time on the Website, together with any appendices or schedules thereto.
3.1.2 ‘Company Data’means any data inputted by a WeconnectU User into the WeconnectU webbased application and the website.
3.1.3 ‘Confidential information’includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the information on the WeconnectU web-based application.
3.1.4 ‘Domicilim citandi et executandi’the address nominated by each party where legal notices will be sent and accepted and as set out in paragraph 14.3 of these terms and conditions.
3.1.5 ‘Intellectual property’means any content, domain names, patent, trademark, service mark, copyright, moral right, right in the design, software, database, text, graphics, icons and hyperlinks and any other intellectual or industrial property, anywhere in the world whether or not registered.
3.1.6 ‘Represented by’means the person representing and signing up on behalf of a business entity and will it be assumed that his person has the necessary permission to act accordingly.
3.1.7 ‘User’means any individual permitted by WeconnectU to use the WeconnectU web-based software or the website.
3.1.8 ‘Website’means the website pages relating to WeconnectU assessable at
www.weconnectu.co.za (together with such other URL’s as may be publicized from time to time), permitting the remote access and use of the WeconnectU web-based application.
4.2 By registering and using the web-based software and website you agree and:
4.1.2 Consent that WeconnectU uses your information to send you notifications and other information related to the web-based software and website. You may elect to opt-out of receiving such information from us via the functionality of the Platform.
5. AUTHORITY TO ACT
5.1 Should a User register to access and use the WeconnectU web-based application for the first time in the capacity of an employee or contractor of a separate corporate entity, partnership or similar business entity, you must have the authority of that business entity to:
5.1.1 Use the WeconnectU web-based application and the website for the entity’s business; and
5.1.2 Accept this Agreement on behalf of that entity.5.2 The User thus confirms and warrants to WeconnectU that:
5.2.1 The User is authorized to accept this Agreement on behalf of the business entity represented by the User; and
5.2.2 That the User, together with the business entity represented by the User and its employees, will comply with all the terms of this agreement.
6.1 To access, use and perform certain activities on the WeconnectU web- based application, registration through the website is first required.
6.2 During registration the prospective User agrees to provide accurate, current and complete information about himself/herself or the entity he/she represents as a request or directed by the website.
7.1 is the responsibility of the User to maintain the confidentiality of the password and username chosen to access the web-based application, the website, and the User’s account.
7.2 The User also accepts full responsibility for all activity under his/her password or account. The User agrees to immediately notify WeconnectU should there be any unauthorized use of the User’s password and/or username or any other breach of security.
8. ACCESS TO AND USE OF THE PLATFORM
8.1 The User is hereby granted a limited personal right to use the Platform subject to the following terms and conditions:
8.1.1 WeconnectU is entitled, without notice and liability, to suspend the User’s access to the web-based application andthe website for repair, maintenance, improvement or other technical reason at any time. WeconnectU will, however, endeavor to provide User’s with reasonable notice when possible.
8.1.2 The User is required to comply with all the applicable laws in connection with his/her access to and the use of the web-based application and the website. The User must further also comply with any reasonable directions regarding access to or use of the web- based application.
8.2 The User may not, or authorize any person to:
8.2.1 Use, copy or replicate the web-based software;
8.2.3 Create a derivative of, or modify, the web-based software;
8.2.4 Integrate or link the software with any other software and/or website;
8.2.5 Use the web-based software to compete with WeconnectU;
Use his/her knowledge of, or access to, the web-based software in an attempt to assist any third party to develop any software, products or services that compete with any of WeconnectU’s web- based software, products or services;
8.2.6 Obscure any information displayed on the web-based software, re- brand the web-based software, or do anything that creates, or may create, any impression that the User has any ownership, control or distribution rights in relation to the web-based software;
8.2.7 Use the software for any illegal or offensive purposes, or to retrieve, store, manipulate, process, transmit, display or forward any content that is illegal or offensive;
8.2.8 Use the web-based software in such a way that you cause disproportionate load on the software infrastructure.
9.1 The User hereby agrees to:
9.1.1 Ensure that the User’s details and other information given in relation to the use of the WeconnectU web-based application and the website are, and are maintained to be true, correct and accurate.
9.1.2 Use the WeconnectU web-based application only for lawful internal business purposes, in accordance with this Agreement.
9.1.3 To comply with your contractual obligations, as imposed upon the User by these terms and conditions.
9.1.4 Ensure that all account credentials required to access the WeconnectU web-based application and the website are kept secure and confidential and to immediately notify WeconnectU of any unauthorized use of account credentials or any other breach of security. In this instance, it shall be your obligation to immediately reset your password and to maintain security.
9.1.5 Notify WeconnectU should there be any unauthorized use of the User’s account credentials or any other security-related matter with WeconnectU web-based application and the website and to co-operate with us to the extent reasonably necessary to rectify the security breach.
9.1.6 Ensure that the subscriber who accesses the WeconnectU web- based application and website on the User’s account will comply with the terms and conditions of this Agreement.
9.1.7 Not attempt to undermine the security or integrity of WeconnectU’s computing systems or networks.
9.1.8 Not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or the computer system on which WeconnectU is hosted.
9.1.9 Not transmit or input into the WeconnectU web-based application or website any files that may damage any other person’s computing device or software, content that may be offensive or material or user details or company details in violation of any law.
9.1.10 Not merge or combine the whole or any part of the WeconnectU web-based application or the website with any other software or documentation without the prior written consent of WeconnectU, which will need to be renewed annually with WeconnectU.
10. DISCLAIMERS AND LIABILITIES
10.1 WeconnectU will use all reasonable endeavors to ensure that the User is provided with the functionality and levels of service as described on the Website when used in accordance with it and the Agreement.
10.2 WeconnectU does not warrant:
10.2.1 That WeconnectU or the website will be continuously available, or that the User’s use thereof will be uninterrupted or error or bug-free, or that the WeconnectU web-bases application, website or server will be free from attack;
10.2.2 That all the information provided on the WeconnectU web-based application and website is correct and complete, but we nevertheless undertake to use our reasonable endeavors to ensure that all the information we provide on the WeconnectU web-based application and website is correct and complete at the time of the last update to the relevant page;
10.2.3 That the WeconnectU web-based application and website will meet your requirements and, for this purpose, it is specifically recorded that WeconnectU’s services are “as is” and it is the User’s responsibility to satisfy himself/herself that it meet all his/her requirements and is compatible with the User’s hardware and software prior to registering and making use thereof;
10.2.4 That WeconnectU or the website results of use will be correct, accurate or reliable;
10.2.5 That any defect or security breach in the WeconnectU’s web-based application and website can or will be corrected.
10.2.6 WeconnectU undertakes to take all reasonable steps to protect the personal information of each and every WeconnectU User and to comply with all applicable legislation.
10.3 Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, WeconnectU (including its directors, employees, affiliates, third party contractors, business partners, internet service providers and agents) shall not be liable for any damage, loss or
liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to pure economic loss, loss of income, loss of profit, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgements which we incur or suffer in any way arising from the following:
10.3.1 Access to the WeconnectU web-based application and website;
10.3.2 Access to websites linked (including hyperlinked) to the website;
10.3.3 Inability to access the website;
10.3.4 Services of software available from the website (including WeconnectU)
10.3.5 Content available on the website;
10.3.6 Downloads and use of content on the website;
10.3.7 Any failure by WeconnectU to perform their duties or obligations caused beyond WeconnectU’s reasonable control including any interruption to or failure of any website, your computer associated supporting system not provided by us and used by the User, telecommunications services, third-party and/or electricity supply services not provided by us, including the internet.
10.3.8 The User’s breach of any of the terms of this Agreement;
10.3.9 The User’s use of the WeconnectU web-based software and website other than in accordance with this Agreement; or
10.3.10 Any other reason not directly related to WeconnectU’s gross negligence.
11. PAYMENT OF CHARGES
11.1 All payments shall be made in accordance with the terms as described on the Website or as otherwise agreed to in writing, which agreement will be attached hereto as an appendix.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All right, title, ownership, benefit, and interest in and to, and all intellectual property in the WeconnectU web-based application and the website, the design and content of any documentation relating thereto remain the property of WeconnectU. All rights to intellectual property in respect of WeconnectU and the website are reserved.
12.2 The exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of the Intellectual Property by any means and in any means and in any form, in whole or in part and to make the Intellectual Property available to the public, and to distribute
any copyright protected material in the WeconnectU web-based application and the website shall remain with WeconnectU.
12.3 WeconnectU may incorporate technical and other protective measures to prevent unauthorized and/or illegal use of the WeconnectU web-based application and the website.
12.4 Should the WeconnectU web-based application and the website become the subject of a claim of infringement of a third party’s intellectual property rights, we may elect to either:
12.4.1 Obtain the right for the User to continue using the WeconnectU web-based application or the website as permitted under this agreement; or Modify or replace the infringement part of WeconnectU so as to avoid the infringement or alleged infringement, without materially
reducing the functionality or performance of the WeconnectU web- based application or the website.
12.5 In the circumstances per clause 12.4 above the User must:
12.5.1 Promptly notify WeconnectU of any claim or threatened action concerning the use of the WeconnectU web-based application or the website.
12.5.2 Not independently defend or respond to such claim or threatened claim, and to
12.5.3 Co-operate with WeconnectU in the defence of any such claim or threatened claim.
13.1 WeconnectU may terminate this agreement at any time, by notice, effective immediately, if the User:
13.1.1 Materially breaches any term(s) of this agreement and either that breach is incapable of remedy or the User has not remedied that breach within 7 (SEVEN) days after receipt of the written and electronic notice requesting the User to remedy same.
13.1.2 Notice must either be given by registered post to the User’s domicile address or by way of email, to the User’s sign-up address and must be in writing.
13.1.3 Fail to pay charges due and payable to us or when the User stops paying for use of the WeconnectU web-based application and website, or
13.1.4 Is liquidated provisionally or finally placed under judicial management, commit and act of insolvency or enter into, or attempt to enter into acompromise with his/her creditors.
13.1.5 Upon termination of this Agreement the User will be granted a 30 (THIRTY) day period to retrieve all date, after which period WeconnectU will close the User’s account. The User will then no longer be able to access and use the WeconnectU web-based application and website.
14. NOTICES AND ADDRESS
14.1 Your communication with us must be emailed to our email address contained on our website.
14.2 Our communication with the User shall be via those details provided on upon registration.
14.3 WeconnectU chooses its registered address as mentioned in paragraph 2 above as its domicilium citandi et executandi for the purpose of any notice which is to be given in respect of this Agreement. The User’s domicilium address will be that he signs up with.
14.4 All legal notices given under this Agreement shall be in writing to the domicilium address, delivered by hand and by email. Legal notices under this agreement will be effective upon actual receipt by the intended recipient or if accepted by another person at the party’s physical address.
14.5 Should a dispute relating to the terms and conditions of this agreement arise and resort to litigation, the successful party will be entitled to legal costs on the scale as between attorney and own client.
15.1 Links to the WeconnectU web-based application and website are permitted, subject to first obtaining WeconnectU’s prior written consent although WeconnectU reserve the right to withdraw such consent at any time.
15.2 The WeconnectU web-based application and website may include hyperlinks to third-party sites. WeconnectU has no control over and is not responsible for the content or availability of those third party websites, its products or services offered through these sites or their handling
of any personal information, you provide to the third party.
15.3 While WeconnectU may co-brand these products or services with our own, WeconnectU cannot endorse those products or services or warrant the products, services or accuracy or reliability or any information provided to the User by such third party.
16. GENERAL TERMS
16.1 The User agrees that he/she is bound to the terms and conditions of this Agreement, which is concluded in South Africa at the time the User enters the Website for the first time or after the User has accepted this Agreement as required on the website.
16.2 This Agreement constitutes the entire agreement between the User and WeconnectU and supersedes all other documentation, information, and other communication.
16.3 Any failure by WeconnectU to exercise or enforce any right or provision of this Agreement shall in no way constitute a waiver of such right or provision.
16.4 In the event that any term or condition detailed herein is found to be unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions of this Agreement. The remaining terms and conditions shall remain enforceable and applicable.
16.5 The Website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use of the Website, its content, services, software and this Agreement.