PART A
1 INTRODUCTION
1.1 This App can be downloaded by means from the Apple Store and/or Google Play onto your mobile device and is owned and operated by [●] ("[●]", "We", "Us" and "Our").
1.2 When you download the App you agree to the terms as set out in Part A and Part C govern the use of the App.
1.3 We operate within the farming and agricultural industry and Our App offers a technology-enabled "crowd farming" platform that provides Participants with an opportunity to acquire a contractual right to share in the profits of a particular group of Production Assets such as a grove of pomegranate trees located on a farm where the Participants have made a Production Contribution (defined in clause 5.7 below), being a financial contribution.
1.4 When you make a financial contribution then Part B (together with Part A and Part C) applies to You and You are considered a Participant for purposes of these Terms. Each Participant enters into a legally binding contract based upon these Terms.
1.5 These Terms and the other policies posted on the App (including but not limited to the privacy policy [insert link to privacy policy]) constitute the complete and exclusive understanding and agreement between You and Us and govern Your use of the App. These Terms supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between Us shall be governed by the laws of the Republic of South Africa. Subject to clause 20 of the Terms, We and the User agree to submit to the personal and exclusive jurisdiction of the courts located in Johannesburg.
1.6 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court that finds itself of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.
1.7 These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA").
2 DEFINITIONS AND INTERPRETATION
2.1 "App" means the mobile web applications known as Crowd Farming Project App;
2.2 "App Account" means Your account as displayed on the App as downloaded on Your device that holds any Profit Share that You are entitled to;
2.3 "Farm" means a farm that is listed on the App. Farms has the corresponding meaning;
2.4 "Participant" means a User that has made a Production Contribution and the term "Participants" shall have a corresponding meaning;
2.5 "Terms" means the terms and conditions of the App;
2.6 "You" or "User" means the natural or juristic person accessing the App and "Your" has a corresponding meaning; and
2.7 “Us” or “We” means [●]
2.8 We agree that the rule of construction that this agreement should be interpreted against the party that was responsible for drafting the Terms shall not apply .
3 ACCEPTANCE AND REGISTRATION
3.1 As stated in BOLD at the top of these Terms and in clause 1 above, by using the App or making a Production Contribution on the App, You agree to be bound by these Terms. Should You object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become dissatisfied with Us, the App, please refrain from using the App and contact Us using the contact details provided in clause 28 below.
3.2 Part A and Part C of these Terms may be updated by Us at any time in our sole discretion. We may send You notice of changes to Part A of the Terms.
3.3 Once the App is downloaded in terms of the options in clause 1.1, You are required to register as a User and must provide a unique username and password and provide certain information and personal details to Us. You will need to use Your unique username and password to access the App in order to purchase Vouchers and/or make a Production Contribution.
3.4 You agree and warrant that Your username and password shall be used for personal use only; and not be disclosed by you to any third party.
3.5 For security purposes, You agree to enter the correct username and password whenever purchasing a Vouchers and/or making a Production Contribution, failing which You understand You will be denied access.
3.6 You agree that, once the correct username and password relating to Your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such Voucher and/or Production Contribution.
3.7 You agree to notify Us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of Your username and password and to take steps to mitigate any resultant loss or harm.
3.8 You agree that You will not, in any way, use any device, software or other instrument to interfere or attempt to interfere with the proper working of the App. In addition, You agree that You will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the App or the information contained therein.
3.9 When You are accessing, using and/or browsing the App or when You send emails to us, You consent to receiving communications and notices from Us, or any of our affiliates or partners, electronically in accordance with Our privacy policy [insert link to privacy policy] and in terms of the Electronic Communications and Transactions Act 2002 ("ECT Act").
4 ACCESSING (BROWSING) THE APP
4.1 Our e-mail system or other means of electronic communication, whether through the App or another Third Party App (defined below). The App may contain links to other third party Apps ("Third Party Apps"), which are completely unrelated to Us. If You link to Third Party Apps, You may be subject to those Third Party Apps’ terms and conditions and other policies.
4.2 We do not endorse any content, or any opinion, statement, recommendation, or advice expressed in the Third-Party Apps terms and conditions and other policies. We do not permit copyright infringing activities and infringement of intellectual property rights on the App.
PART B
5 ADDITIONAL DEFINITIONS
5.1 "Agency Agreement" means the agency agreement concluded between You and Us automatically entered into as a condition of making a Production Contribution, the terms and conditions of which are set out in clause 9 below;
5.2 "Block" means a distinct group of Production Assets such as a grove of trees of a specific age, forming a particular and distinguishable block at a Farm;
5.3 "Contractual Right" means the Participant's non-renewable contractual right to a Profit Share of a Block in proportion to their Production Contribution for a period of 10 (ten) years from when the Participant made the Contribution;
5.4 "Farm Owner" means the person who owns a Farm;
5.5 "Information Manual" means the electronic document, containing relevant detail and information relating to these Terms, Production Assets; Production Contributions and Contractual Rights and Profit Share published on the App;
5.6 "Production Asset" means a physical asset such as a tree or livestock that is located on a Farm and forms part of a Block and which a Participant has made a Production Contribution towards, for example, a fruit tree on a fruit farm or livestock on a livestock farm, and the term "Production Assets" shall have a corresponding meaning;
5.7 "Production Contribution" means a monetary contribution including in the form of a money Voucher by a Participant towards a Production Asset or Production Assets forming part of a Block which is represented as a virtual item on the App (such as a tree or any other relevant pictorial representation);
5.8 "Profit" means the total net annual profit made in respect of a particular Block that is available for sharing among Participants in proportion to the Contractual Rights of the Participants;
5.9 "Profit Share" means the monetary returns payable to You based upon the Profits for the Block which You hold a Contractual Right in;
5.10 "Referee" means a person that does not have an App Account that is referred to the App by You and opens an App Account and makes a Production Contribution;
5.11 "Referral Bonus" means the referral bonus of [insert], that is credited to Your App Account, for each Referee that You successfully refer;
5.12 "Referral Link" means the unique link and/or code sent by You to a Referee through the App;
5.13 "Referral Programme" means the referral programme set up in terms of clause 14;
5.14 "Voucher" means a voucher purchased from Us using the App which can be used to make a Production Contribution towards a Production Asset;
6 PRODUCTION CONTRIBUTION
6.1 You, as a Participant, may make the Production Contribution, by means of a credit or debit card payment, an electronic funds transfer ("EFT") or by using a Voucher, to Us using the App in order to contribute in the development of a Production Asset or a number of Production Assets.
6.2 Where a Production Contribution is made by EFT or a once-off debit against Your bank account using the App, the Production Contribution will be transferred by You to Our secure account within 48 (forty-eight) hours of You authorising the Production Contribution, where it shall be held until it is transferred to the particular Farm to contribution to the Production Asset.
6.3 We will, at all times, do Our utmost to ensure that the Production Contribution for a Production Asset given in the App is accurate, but it may need to be validated by Us as part of Our acceptance procedure. If the Production Contribution for a Production Asset changes before We process Your Production Contribution, We will contact You and ask You to confirm whether You wish to proceed at the new price or whether You wish Us to effect a full refund of any amount already paid by You.
6.4 Subject to any applicable legislation and this clause 6.4, the Production Contribution is non-refundable. Should You wish to sell Your Contractual Right in a Production Asset or Production Assets and have not found a willing buyer, You can contact Us and We shall take reasonable steps to find a willing buyer to buy Your Contractual Right for an amount in proportion to Your Production Contribution divided by 10 (ten) years multiple by the number years left in Your Contractual Right. For the avoidance of doubt, We make no warranty or undertaking that We shall be able to find a willing buyer.
6.5 Your Contractual Right automatically falls away 10 (ten) years after You make the Production Contribution.
6.6 For the avoidance of doubt, making the Production Contribution, does not give You any ownership rights in Us, the Business, the Farms, any Block and/or any Production Asset. Nor does it give the Participant a right to provide any input, advice or any other decision-making in the operations and running of any of the Farms including without limitation how the Production Contribution is utilised in respect of the Block and/or Production Asset.
7 VOUCHER
7.1 Conditions of purchase and/or use of Vouchers provide that Vouchers ―
7.1.1 may only be redeemed, for the making of a Production Contribution;
7.1.2 may only be redeemed for making a Production Contribution towards the particular type of Production Asset for which the Voucher to which it relates and only while they are valid, unless their expiry dates have been extended by written agreement with Us;
7.1.3 are valid for 3 (three) years after the date on which You have purchased it on our App ("Issue Date"), where a Voucher is not used within the 3 (three) years, such Voucher will expire and no longer be valid for exchange and any form of use;
7.1.4 may only be purchased on Our App (unless otherwise advised by Us) and may be exchanged with Us by You, for only the purposes of making a Production Contribution towards a Production Asset, for no other reason or purpose;
7.1.5 do not accrue interest and are not refundable for cash once You have purchased it on Our App;
7.1.6 must be used to make a Production Contribution to a particular type and/or Block of Production Assets using a Voucher is subject to the availability of the type and number of Productions Assets available on the App. If a particular type of Production Assets is not available when You make Your Production Contribution, the price paid for the Voucher ("Voucher Value") will be refunded to You (minus Our reasonable transaction and other fees, bank charges and other disbursements) or You may utilise the Voucher Value against making a Production Contribution to any other Block of Production Assets then available on the App; and
7.1.7 where the Voucher value is insufficient to make the Production Contribution You wish to place, You may make up the difference in value for the Production Contribution by purchasing a flexible Voucher, i.e. a Voucher with a value of the still needed amount.
7.2 We are not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after the Voucher has delivered by Us to You via the App or the email address nominated by You.
8 CALCULATION AND PAYMENT OF PROFIT SHARE
8.1 While We shall use reasonable endeavours to ensure that all Farms develop all Production Assets and Blocks, We offer no guarantee, warrantee, promise or any undertaking of any kind that Your Contractual Right will result in any Profit Share on any Production Asset or Block. Such Production Contribution is made freely and voluntarily. All risks associated with Your Profit Share remain with You at all times.
8.2 The calculation of any Profit Share is determined each year and is based upon the Profit received by Us in respect of the particular Block and the calculation and allocation of Production Contributions will be verified by Our auditors. Your Profit Share is calculated by the Profit amount in proportion to the number of Production Assets You have in a particular Block divided by the total number of Production Assets in the particular Block ("Contractual Entitlement").
8.3 Your Contractual Entitlement shall automatically be transferred into Your App Account. Once Your App Account reflects a minimum credit balance of R1000, You can request in writing that We transfer the credit balance to You out of Your App Account to a South African bank account that You have designated in writing, subject to deduction of reasonable banking and transaction charges actually incurred by Us;
8.4 Should a Farm and/or the particular Block make a net loss in any given year, these losses are not shared with the Participants and these particular losses are also not carried over or set off when calculating the Profit Share for the following year, there is just no Profit Share in respect of the year the net loss was made.
8.5 Each year, a statement will be sent to You summarising the performance of the Production Assets, any Profit Share payable and the date of credit of Your Profit Share to Your App Account.
8.6 Should You elect to leave Your Profit Share in Your App Account credit balances on Your App Account will accrue interest at the same corporate base rate as is afforded to Us by Our bankers from time to time, calculated on an annual basis.
9 APPOINTMENT OF US AND AGENCY AGREEMENT
9.1 By making a Production Contribution on the App, You agree and enter into the Agency Agreement constituted in this clause 9.
9.2 The Agency Agreement will be valid for the period specified in any documentation provided to You in relation to the Information Manual, commencing on the date on which the Production Contribution is used to develop Production Assets.
9.3 As a condition of making a Production Contribution towards a Production Asset, You hereby expressly appoint, allow and authorise Us as Your special agent with authority to do all things as may be necessary on Your behalf in respect of any Production Contribution made by You, including ―
9.3.1 entering into an agreement with a Site Owner and for any other purposes as, in the sole and absolute discretion of Us, are necessary or prudent;
9.3.2 entering into insurance contracts to ensure that adequate insurance is in place to cover the Production Assets;
9.3.3 initiating and continuing with legal, recovery or execution proceedings against any Site Owner or insurer who does not honour its contractual obligations in terms of the relevant agreements; and
9.3.4 varying any of the relevant agreements, only to the extent that the variation is communicated to You and that it is not, in the reasonable discretion of Us, deemed to be material to You.
9.4 Copies of any of the agreements referred to in clause 9.3 will be made available to You on written request via email address using the contact details in terms of clause 29.
9.5 The extent of the agency appointment constituted in this clause 9 is limited to the acts and activities referred to in this clause 9 and any other acts necessary that relate to the Production Contribution and/or Contractual Right.
10 CANCELLATION BY THE SITE OWNER
10.1 Should the Site Owner cancel the agreement concluded with Us, You will be entitled to ―
10.1.1 a full refund of the Production Contribution or, in the case of redeemed Vouchers, the Voucher's value, subject to deduction of reasonable banking and transaction charges actually incurred by Us; or
10.1.2 depending on the nature of the Production Contribution reallocation of the Production Contribution to a Block which, in the reasonable opinion and sole discretion of Us, will achieve a similar Profit Share; or
10.1.3 You agree that any damages occasioned as a result of the Site Owner cancelling the agreement concluded with it by Us, will lie against the Site Owner and not with Us.
11 TAX
11.1 You are responsible for claiming any tax relief including (without limitation) any allowances contemplated in Section 12B or Section 11E of the Income Tax Act 58 of 1962.
11.2 All prices quoted on the App including any Production Contribution for a Production Asset are exclusive of value added tax ("VAT") in terms of the Value-Added Tax Act No. 89 of 1991, as amended. Where applicable, VAT is automatically added at the then applicable rate when the Production Contribution is transferred to Us using the App.
12 INSURANCE
12.1 We shall reasonably ensure that the Production Assets are adequately and appropriately insured against risk for loss due to fire, theft or accidental damage. .
13 TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 We are entitled to cede, assign, delegate or otherwise transfer any of Our rights or obligations under these Terms to any third party without Your consent first being obtained.
13.2 You are not entitled to cede, assign, delegate or otherwise transfer any of Your rights or obligations under these Terms to any third party without Our prior written consent, which will not be unreasonably withheld. Any assignment or transfer by You without Our consent shall be null and void.
14 REFERRALS
14.1 General
14.1.1 In order to qualify for a Referral Bonus, You must have an App Account and have made own at least 1 (one) Production Contribution. Subject to the other Terms, You will earn a Referral Bonus if a Referee clicks on the Referral Link to create a valid App Account complying with these Terms; and the Referee makes a Production Contribution on the App.
14.1.2 The Referral Bonus will be credited to Your App Account within 10 (ten) days after we have received the Production Contribution from the Referee. Should a Referee’s Production Contribution payment be reversed for any reason or later cancelled within 6 (six) months, You will not be entitled to the Referral Bonus and, if the Referral Bonus has already been credited to Your App Account, it will be reversed in that account.
14.2 Multiple Referrals
14.2.1 You are entitled to multiple Referral Bonuses, but Referral Bonuses may not be earned and will not be given, by You or the same Referee creating App Accounts. In addition, Referral Bonuses accrued in separate App Accounts may not be combined into one App Account.
14.2.2 A Referee may only use one Referral Link. If a Referee receives Referral Links from multiple App Account holders, only the corresponding App Account holder of the Referral Link first used by the Referee will receive the Referral Bonus.
14.3 Termination or Suspension of Referral Programme
14.3.1 We may suspend or terminate the Referral Programme or Your or Referee’s ability to participate in the Referral Programme at any time for any reason.
14.3.2 We reserve the right in Our sole and unfettered discretion and as we deem appropriate and fair to review, investigate and suspend App Accounts or reverse Referral Bonuses if we notice any activity that we believe is abusive, fraudulent or in breach of the Terms.
14.4 Monitoring of Referral Programme
14.4.1 We may monitor and record Referral Programme communications or traffic in order to maintain the proper functioning and to prevent unauthorised use of the Referral Programme, and whenever the law requires Us to do so.
PART C
15 CONSUMER PROTECTION ACT NO 68 OF 2008
15.1 If these Terms (or any contract governed by these Terms) and/or the App is regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
15.2 No provision of these Terms (or any contract governed by these Terms) ―
15.2.1 does or purports to limit or exempt Us from any liability (including, without limitation, for any loss directly or indirectly attributable to Our gross negligence or wilful default or that of any other person acting for or controlled by Us) to the extent that the law does not allow such a limitation or exemption;
15.2.2 requires You to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
15.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which We give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
16 DATA PROTECTION
16.1 We collect personal information from You. We will handle the collection, processing and storage of Your personal information in accordance with Our privacy policy [insert link to privacy policy].
16.2 By disclosing or submitting Your personal information to Us, You consent to Us collecting, processing and storing Your personal information for the purposes described in Our privacy policy [insert link to privacy policy].
17 INTELLECTUAL PROPERTY RIGHTS
17.1 You acknowledge and agree that the materials on the App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Us, and are subject to copyright and other intellectual property rights under South African law and foreign laws and international conventions. Materials on the App are provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
17.2 We reserve all rights not expressly granted herein to the App and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the App for any commercial purposes. If You download and/or print a copy of the Materials for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the App or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the App or the Materials therein.
17.3 Any reproduction, modification, creation of derivative works from or redistribution of the App, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the App, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
17.4 You further agree not to reproduce, duplicate or copy any content on the App, and agree to abide by any and all copyright notices. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the App. Without limiting the foregoing, You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the App.
18 DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
18.1 You acknowledge and agree that We shall not be liable for Your interactions with any other third parties on the App.
18.2 If there is a dispute between Users on the App, or between Users and any third party, You understand and agree that We are under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other Users, You hereby release Us, Our officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
19 SUSPENSION
We reserve the right in Our sole and unfettered discretion and as We deem appropriate and fair to review, investigate and suspend App Accounts if We notice any activity that We believe is abusive, fraudulent or in breach of these Terms.
20 DISPUTES
20.1 Any dispute which may arise between You and Us will be referred for consideration and resolution to Our respective chief executive officers (if You are not a juristic person, then You personally will be involved) or a party's duly appointed representatives.
20.2 Should Our respective chief executive officers (if You are not a juristic person, with Your personal involvement) or the duly appointed representatives be unable to resolve the dispute within 14 (fourteen) business days of referral, then the party who wishes to persist in the dispute may, refer the dispute for arbitration by a sole arbitrator in accordance with the United Nations Commission on International Trade Law Rules ("UNCITRAL")..
20.3 Should the dispute be referred to arbitration, the arbitrator will be appointed by the parties within14 (fourteen) business days of the matter being referred to Arbitration. Failing such appointment by the parties within 14 (fourteen) business days, the sole arbitrator will be nominated by the Arbitration Foundation of Southern Arica (‘AFSA’). Should AFSA not be in existence, the nomination of the arbitrator will be by the Secretary General of the Permanent Court of Arbitration in The Hague (‘PCA’). The arbitration will be held in Johannesburg, conducted in English and concluded as expeditiously as possible after it has been demanded and in any case, the duration of the arbitration shall not exceed the period of 1 (one) year from the date that a referral to arbitration was made by either party.
20.4 Nothing contained in this clause 20 will be deemed to prevent or prohibit a party from applying to the appropriate tribunal or court for urgent relief.
21 INDEMNITY
21.1 You agree to defend, indemnify Us and hold Us and Our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from ―
21.1.1 Your use of and access to the App;
21.1.2 Your violation of any term of these Terms; or
21.1.3 Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right This defence and indemnification obligation will survive termination, modification or expiration of these Terms and Your use of the App.
22 DISCLAIMER OF WARRANTIES
22.1 You expressly acknowledge and agree that use of the App is entirely at Your own risk and that the App is provided on an "as is" or "as available" basis, without any warranties of any kind.
22.2 To the fullest extent permissible under applicable law and except as otherwise stated in these terms, We make no warranty, express, implied, statutory, or otherwise, with respect to the production assets and/or the App, and expressly disclaim, without limitation, any warranties of merchantability, fitness for any particular purpose, results or title, and any warranties implied by a course of dealing or performance.
22.3 We do not warrant the data, content, features information or prices provided through the App, to be uninterrupted or accurate or free of errors, viruses or other harmful components.
22.4 You are solely responsible for any damage to Your equipment, loss of data, or other harm which may result from Your use of Our App.
22.5 We make no warranties and provide no assurances to You, regarding the performance of any production assets, or the profit share. Any information published on the App is indicative only and is the product of a computer simulation.
22.6 You release Us from any liability in relation to or arising from Your use of the App for any reason, including (without limitation) in relation to the production assets, regardless of the degree of Our negligence. To the extent that applicable law places any restriction on any release of liability, You agree that we are liable for the minimum amount of damages which the law restricts, should a minimum exist.
22.7 Any promotional material utilised by us should not be construed as a representation or warranty of any particular standards, of the quality of the production assets, profit share, and/or Your expectations and should only be regarded as promotional and educational in nature.
23 LIMITATIONS OF LIABILITY
23.1 In no event shall We, Our officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or any other damages (including, without limitation, loss or punitive damages) whether based in contract, delict or otherwise, even if We have been advised of the possibility of such damages resulting from Your use of the App including without limitation whether the damages arise from use or misuse of the App, from inability to use the App, or the interruption, suspension, modification, alteration, or termination of the App. These limitations shall apply to the fullest extent permitted by law.
23.2 You expressly agrees that regardless of the foregoing limitations, Our maximum aggregate liability to You, whether arising from breach of warranty, breach of contract, negligence or any other legal basis shall not exceed Your Production Contribution
24 ABILITY TO ACCEPT TERMS
This App is intended only for adults. You affirm that You are either more than 18 (eighteen) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
25 SEVERABILITY
If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
26 SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
27 VIOLATION OF TERMS
Please report any violations of the Terms that You become aware of by contacting Us on [insert email address] or through Our reporting page on the App using this link [insert link to reporting page]. Any failure to act by Us with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches by You or others.
28 HOW TO CONTACT US
If You have questions about these Terms, please contact Us via [insert] with “Terms and Conditions” in the subject line.
29 OUR CONTACT DETAILS
For the purposes of communications and/or notices between ourselves and You as per clause 3.9 and 20, Our information is as follows
29.1 Full company name: [●], a [●] company registered in South Africa with registration number [●]
29.2 Main business: [●]
29.3 Physical address for receipt of legal service (also postal and street address): [●]
29.4 For attention: [●] and; Phone number: [●]
29.5 Email address: [●]