Terms and Conditions
These terms and conditions are the contract between you and Availsoft (Pty) Ltd (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are Availsoft (Pty) Ltd trading as Sure-quote, a company incorporated in South Africa, number 2014/254987/07.
Our address is 410 Lynnwood Road, Lynnwood, Pretoria,0081.
VAT Registration Number: None
You are: Anyone who uses Our Website or buys Service from us.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.
These are the agreed terms
|“Content”||means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.|
|“Intellectual Property”||means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.|
|“Our Website”||means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Availsoft (Pty) Ltd group of companies. It includes all web pages controlled by us.|
|“Post”||means place on or into Our Website any Content or material of any sort by any means.|
|“Services”||means all of the services and products available from Our Website, whether free or charged.|
|“Visitor”||means anyone who visits Our Website.|
In this agreement unless the context otherwise requires:
- a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
- a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
- in the context of permission, “may not” in connection with an action of yours, means “must not”.
- the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
- any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
- apply to all supplies of Services by us. They prevail over any terms proposed by you.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
- In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
- Subject to these terms and conditions, we agree to provide to you some or all of the Services and products described on Our Website at the prices we charge from time to time.
- You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
- So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
- Our contract with you and licence to you last for the remainder of the current calendar month, from the date of registration and payment, and thereafter may be continued on a month to month basis. Any continuation by us or by you after the expiry of your subscription is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
- The contract between us comes into existence when you register and we receive payment from you for a Service.
- Your card issuer’s agreement governs your use of your designated card in connection with Sure-quote, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
- We may change this agreement and / or the way we provide the Services, at any time. If we do:
- the change will take effect when we Post it on Our Website.
- we will give you notice of the change. If you do not accept the change, we will refund the money you have paid for the Service to date.
- if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.
4. Your account, registration and personal information
- To be eligible for an account on our website, you must be resident or situated in the Republic of South-Africa.
- You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
- If you register for an account with our website, you will be asked to choose a user ID and password.
- Your user ID must not be liable to mislead; you may not use your account or user ID for or in connection with the impersonation of any person.
- You must keep your password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password.
- You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- When you visit Our Website, you accept responsibility for any action done by any person using 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 as a result of such information being inaccurate.
- 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 take care to make Our Websites safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. It is your duty to familiarize yourself with their terms and conditions of use.
- If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
5. If you buy Services as a consumer
This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002 (“the Act”) , then the following terms apply to the contract.
- For all purposes at law, the contract between us is not made until you have agreed these terms, whether via Our Website or in hard copy, and we have agreed in writing to provide the Service you want.
- Whether or not you have paid any money to us at that time is neither relevant to the start of the contract or your right to cancel.
- The contract is not made automatically at the point when you have agreed to these contract terms. That is merely your offer. The contract is made later, when we accept and agree to provide the Service you want.
- Most customers want us to supply a Service before the expiry of the 7 days cancellation period. Our business system therefore operates on the basis that we supply a Service as soon as we can, without waiting for the 7 days cancellation period to expire.
- Before we agree to supply a Service, we therefore ask that you give up your right to cancel, as the law allow. If you do not agree, we shall not be able to work for you within 7 days of receiving your order.
- So far as our Service is continuing, you may cancel it at any time before we have completely provided it. If you do, we will return to you any money paid after deduction of an appropriate amount to cover any part of the Service we have supplied, including work we may not by then have told you about.
- The Act does not remove other statutory rights you may have.
- In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 30 days.
6. The price
- The prices payable for Services are clearly set out on Our Website.
- The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
- Prices are exclusive of any applicable value added tax or other sales tax.
7. Renewal payments
- At any time before expiry of your subscription, you may use the “My Account” tab on Our Website to access your personal information and cancel renewal.
- At expiry of your Sure-quote monthly subscription we shall automatically take payment from your credit card of the sum applicable to your subscription as set out on our website.
8. How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control who sees it or what anyone does with it.
- Even if access to your text 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 information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in 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 the business of Our Website and will stop using it after a commercially reasonable period of time.
- 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 feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- Posting content of any sort does not change your ownership of the copyright in it. 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 someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
9. 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 our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- facilitate the provision of unauthorised copies of another person’s copyright work;
- link to any of the material specified in this paragraph;
- Post excessive or repeated off-topic messages to any forum or group;
- sending age-inappropriate communications or Content to anyone under the age of
10. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorized by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than that of you or your client.
- inaccurate, false, or misleading information;
11. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer 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 in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- 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, whether using our form of complaint or not, you now irrevocably grant to 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 legal fees, if any.
12. 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 site 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 product listings, descriptions, or prices;
- 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;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting 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 any logo or other proprietary graphic or trademark of ours 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 a Service we provide.
13. Uploading to our servers
- You must not upload to, or store on our servers any material or Content which you are not permitted by this agreement to Post to Our Website.
- You may not share, let or sub-license space on the servers. (except as an authorised re-seller).
- You may not upload to any shared server, any of the following pages, namely those:
- pages with banners, graphics or CGI scripts running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
- pages with very large graphic archives or galleries;
- pages offering download archives or large media distribution (5GB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
- pages running large or busy chat rooms;
- pages using more than 8 % of system resources.
- You may not send more than 10 email messages per hour.
This agreement may be terminated:
- by us, and we may:
- suspend your account;
- cancel your account; and/or
- edit your account details,
at any time in our sole discretion without notice or explanation.
- by you, by cancelling your account on our website, in which case you’re right to use the Services cease, notwithstanding paragraph 14.6 hereunder, at the end of the term you already paid for and no refund of any money will be made.
- when we terminate it, without notice, on account of your failure to comply with these terms.
- immediately by either party if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
- Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
- Termination by either party shall have the following effects:
- your right to use the Services immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party;
- In the event of such termination by us, we will within 14 days refund to you the balance of your cost outstanding for any Service, pro rata with time not elapsed;
- There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15. Interruption to Services
- If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
- You acknowledge that the Services may also be interrupted for many reasons beyond our control.
- You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
16. Intellectual Property
You agree that at all times you will:
- not to cause or permit anything which may damage or endanger our title to the Intellectual Property.
- notify us of any suspected infringement of the Intellectual Property;
- indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
- on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
- not use any name or mark similar to or capable of being confused with any name or mark of ours;
- 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 in our interest.
17. Bandwidth and data storage
- You agree that bandwidth and storage requirement shall not exceed the amount ordered by you.
- If your bandwidth and storage requirement exceeds the contractually ordered amount we may in our discretion:
- charge the price currently charged by us for the additional usage you have used, such charges to be paid within 30 days of the invoice date or
- if in our opinion your usage puts at risk the continued Services provision to other customers, we may limit the Services we provide to what we have agreed in our contract with you. We may not be able to give you notice of this.
- We assume no responsibility for the deletion or failure to store or deliver email or other messages.
- 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 in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
- You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
- We maintain reasonable procedures for general backup of data 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.
18. Disclaimers and limitation of liability
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement.
- The Availsoft Website and Sure-quote Services are provided “as is”. We make no representation or warranty that the Service will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error;
- 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.
- 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:
- malfunction in any hardware provided by you;
- malfunction in any software provided by you;
- malfunction in any software provided by us unless you can prove that it was defective when you received it from us;
- any firewall provision not specified in the Services;
- delivery of material or privacy of any transmission;
- 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 month for the Services 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 R 1000.
- 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.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
- Nothing in this agreement excludes liability for a party’s fraud.
19. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Services;
- a breach of the intellectual property rights of any person;
For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at R 1000 per hour without further proof.
20. Miscellaneous matters
- You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
- The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- 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; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- 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.
- 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 to you.
- Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by registered post or 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 registered post to the correct address: within 5 days of posting;|
|If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.|
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
- 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, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.