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THIS IS A LEGALLY BINDING AGREEMENT between Bidvest Advisory Services Proprietary Limited (2016/119059/07), a private company duly incorporated in accordance with the laws of South Africa ("BAS", “BidvestALICE”, "we" or "us") and you (by which we mean the natural or juristic person, entity or organisation) visiting, accessing or using (or directing the visit, access or use) of any services provided by BAS ("Services"). A list of officer bearers can be found at firstname.lastname@example.org. You can contact us by sending an email to email@example.com or by registered post to: Bidvest House, 18 Crescent Drive, Melrose Arch, Gauteng, 2196, South Africa.
For the duration of the period of your purchased subscription and subject to receipt of payment of the applicable subscription fee and any limitations provided for in these Terms, BAS grants to you a non-exclusive, non-transferable license, without rights to sublicense, to use the Services in connection with your internal business operations, which shall be provided in accordance with these Terms.
In using the Services, you hereby undertake:
The fees payable by you for any subscription to access the Services is as per the subscription option you have signed up for or purchased. These fees are subject to change, which changes will become effective as at the renewal date of your subscription, unless you opt to cancel your subscription prior to such renewal date. You agree to monitor and terminate your subscription prior to renewal should you not wish to continue the Services. Unless otherwise stated, all fees are quoted in United States Dollars and are exclusive of any sales tax, value-added tax or other taxes in terms of applicable law. Any outstanding balance becomes immediately due and payable upon termination of your subscription to the Services and any collection expenses (including attorneys' fees on an attorney-and-own-client scale) incurred by BAS will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your account.
You will adopt and maintain reasonable and appropriate security precautions for any User ID(s), password(s) and API key(s), including those issued to your authorized employees, if applicable, to prevent their disclosure to or use by unauthorized persons. You are responsible for the actions of any person accessing the Services via a User ID issued by BAS to you. You warrant that all information provided for the creation of an account and User ID is accurate and complete. If you become aware of any unauthorized use of your password or of your account, you agree to notify BAS immediately at firstname.lastname@example.org. If requested by BAS, to specify one or more administrators who will have the right to administer the User ID(s) allocated to you ("Administrators"). The Administrators shall have the ability to access all User ID(s), including the ability to access, monitor, use, modify, withhold, or disclose any data available to your end users and associated with their User ID(s). You are responsible for the consequences of all actions or omissions of such administrators. You are further responsible for:
BAS may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Service's features, the user interface and design, the extent and availability of the contents in the Services and any other aspect related to the Services. You will have no claim, complaint or demand against BAS for applying such changes or for failures incidental to such changes.
BAS is under no obligation for providing any support in connection with the Services. However, at its discretion, BAS provides access to basic support via its Chat Bot facilities incorporated in the Service interface and queries can also be e-mailed to email@example.com. Any such support provided is only be available during normal working hours (09:00 to 17:00, GMT+2).
You may terminate your subscription to Services at any time. To the extent your subscription to the Services auto-renews, you may cancel such auto-renewal up until 48 hours prior to the date of renewal. Upon any termination of your subscription to the Services, BAS will stop providing, and you will stop accessing the Services. Any continued use of the Services after termination will continue to be governed by these Terms. BAS shall be entitled to terminate your access to the Services at any time: (a) if BAS reasonably suspects breach of these Terms by you (including any failure to timeously pay any applicable fees); (b) if the continuation of the Services is contrary to applicable law; (c) if BAS has elected to discontinue the relevant Services you have subscribed for, after the expiry of your subscription; or (d) on 30 (thirty) days' notice to you (in which case, termination will be effective on the renewal date of your subscription to the Service). In the event of any termination: (a) you will not be entitled to any refunds of any fees for subscriptions already purchased, notwithstanding the date of your termination or that the period of such subscription has not run out, and (b) any outstanding balance for Services already rendered will be immediately due and payable in full. After termination, your account details, documentation and/or any historical report data will no longer be available to you.
Any free or demo subscriptions or access to the Services made available to you by BAS may be modified (in terms of functionality, availability, duration or otherwise) or terminated at BAS' discretion at any time.
All facilities used to store and process your data will adhere to reasonable security standards no less protective than the security standards at facilities where BAS stores and processes its own information of a similar type. BAS has implemented at least industry standard systems and procedures to ensure the security and confidentiality of your data, protect against anticipated threats or hazards to the security or integrity of your data, and protect against unauthorised access to or use of your data.
For the purposes of these Terms, "Intellectual Property Rights" means all intellectual property rights in terms of the applicable laws, including (without limitation), patents, designs, inventions, trademarks, service marks, domain names and URLs, sales and user data, databases, trade secrets, methods and know-how, as well as copyright, including all copyright in any logos, devices, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.” You further expressly acknowledge that your sole remedy in respect of dissatisfaction with the Services shall be cancellation.
In particular, BAS, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from BAS or through or from the services shall create any warranty not expressly stated in the Terms. BAS further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms shall exclude or limit BAS' warranty or liability for losses, which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You hereby indemnify BAS and hold BAS harmless in respect of any losses, claims or liability arising from (a) any failure by you to comply with these Terms, (b) your failure to comply with applicable law and (c) any third party liability arising from any infringement by you of their proprietary or other rights in respect of data provided by you or your misuse of the Services.
To the fullest extent permissible in law, BAS, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in delict, tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the service, or from any failure, error, or breakdown in the function of the services, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on the content of the service, including, without limitation, content originating from third parties, or from any communication with the service, or with other users on or through the service, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your data on the service.
Neither Party shall communicate, disclose, or provide to any third party any information provided by one party to the other in connection with these Terms which is identified at the time of its disclosure as confidential or which, by the nature or type of information, reasonably should be regarded as confidential information (collectively “Confidential Information”), except as expressly provided in these Terms or otherwise expressly authorized by the disclosing party in writing. You acknowledge and agree that the Services are confidential to BAS, and that any disclosure of the Services, shall be subject to BAS’ prior written consent and these Terms. Each Party agrees to treat the Confidential Information of the other as confidential, using the same degree of care used by the receiving party to protect the receiving party's own confidential information, but in any event not less than a reasonable degree of care. This confidentiality provision does not apply to any information: (i) available in the public domain through no fault of the receiving party; (ii) independently developed by or on behalf of the receiving party without reference to the Confidential Information; or (iii) disclosed to the receiving party without restriction by a third party having a bona fide right to do so and not having an obligation of confidence with respect to such information. Nothing in these Terms shall restrict a Party from disclosing any Confidential Information as required by law; provided in each case that the receiving party, to the extent permitted by such law, shall timely inform the disclosing party so that the disclosing party may seek a protective order. This confidentiality provision shall continue until a period of three (3) years following the time of return or deletion of the Confidential Information.
The Parties acknowledge that any data, software, and information provided by either Party under these Terms are or may be subject to export laws of the United States. You agree that you will not use, distribute, transfer or transmit data, software or technical information forming part of the Services except in full compliance with such export laws. You also warrant that you are not (nor any person on whose behalf you make use of the Services) listed as a sanctioned party on the list of restricted parties by the Government of the United States of America, the European Union and the United Nations.
BAS may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Services and on the Service's home page on the site. Your continued use of the Services after the Terms have been modified signifies your assent to the updated Terms. If you do not agree to the updated Terms or to any term within them, you must discontinue all further use of the Services.
Version 1.0 Last updated 1 September 2019