December 12, 2017

Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1) TERMS OF WEBSITE USE

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.teamforward.co.za and/or Team Forward platform and/or any social network site we make available (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site (to enable you to acquire selected goods and/or services).

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site in whatsoever manner, you confirm that you are 18 years and older and that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

2) OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

b) If you register as a Member of Community / Consumer: Our Terms of Supply, which will apply to the sales of goods and/or services available to you.

3) INFORMATION ABOUT US

The www.teamforward.co.za internet site and the Team Forward Platform is operated by Team Forward (Pty) Limited (“We”). We are registered in the Republic of South Africa under company number

2012/192321/07 and have our registered office and main trading address at 20 Napoli Estate, Rea Road Douglasdale, Johannesburg, South Africa. Our VAT number is 4110263540.

4) CHANGES TO THESE TERMS

a) We may revise these terms of use or any other term(s) as referred to under these terms of use (including this clause) at any time.

b) The amendments will be applicable when published on our site.

c) The terms of use and other terms available on our site at the time of submission of an order for products or services will apply. Amendments to any term shall not affect previously accepted orders.

d) Please check this page from time to time to take notice of any changes we made, as they are binding on you. We recommend that you read the terms and conditions before each

submission of an order or use of our site.

5) CHANGES TO OUR SITE

a) We may update our site from time to time, and may change the content at any time.

However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

b) We do not guarantee that our site, or any content on it, will be free from errors or omissions.

6) ACCESSING OUR SITE

a) Our site is made available free of charge.

b) We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

c) You are responsible for making all arrangements necessary for you to have access to our site.

d) You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

e) Our site is directed to people residing in the Republic of South Africa. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the Republic of South Africa, you do so at your own risk.

7) PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

a) In any way that breaches any applicable local, national or international law or regulation.

b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

c) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

d) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

e) to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.

f) to access without authority, interfere with, damage or disrupt and part of our site or the equipment or network on which the site is stored.

You may further not:

g) copy, adapt, redistribute or modify any part of our site or frame, “mirror”, data-mine or cache the site or reverse engineer, modify, download, decompile or create a derivative work of the software available or content, or any part thereof without prior written permission from us.

8) YOUR ACCOUNT AND PASSWORD

a) Only registered users may order goods and/or services on our site. You will have to accept our Terms of Supply when you register to the Team Forward Platform.

b) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

c) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

d) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: info@teamforward.co.za

9) INTELLECTUAL PROPERTY RIGHTS

a) We are the owner or the licensee of all intellectual property rights (means, but shall not be limited to, concepts, know-how, data processing techniques, copyrights, patents, designs, inventions, trademarks, which are created, invented and/or developed, registered or unregistered) in our site, and in the material published on it. Those works are protected by local and international laws and treaties around the world. All such rights are reserved.

b) You may copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site or by sharing same via social networks.

c) You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

d) If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10) NO RELIANCE ON INFORMATION

a) The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

b) Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

11) LIMITATION OF OUR LIABILITY

a) Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our gross negligence, or our fraud or fraudulent misrepresentation, or any other liability (including without limitation any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for, on behalf of or controlled by us) that cannot be excluded or limited by South African law.

b) We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with (but not limited to) (i) your access to or use of, or inability to use our site or services and/or any content therein, (ii) unauthorised access to or alteration of your transmission of data, (iii) statements or conduct of any third party via our services or our site, (iv) for delay or failure in performance resulting from causes beyond our reasonable control or (v) any other matter relating to our site or services, unless otherwise provided by law.

c) Although goods and/or services sold from our site may, under certain specifically defined circumstances, be under warranty, our site itself and all information provided on our site and via the Team Forward Platform is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

d) Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

e) We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

f) We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

g) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of Services and/or Goods by us to you, which will be set out in our Terms and Supply and where applicable Services and/or Goods specific terms and conditions to be made available to you during registration as a user and when you are login to our Team Forward Platform.

12) UPLOADING CONTENT TO OUR SITE OR SOCIAL NETWORK SITES

a) Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out be paragraph 13) below.

b) You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we or any third party suffer as a result of your breach of warranty.

c) Any content you upload to our site or social network site (where applicable) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

d) We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will notify you as soon as reasonable possible on receipt of such third-party claim.

e) We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

f) We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out under paragraph 13) below.

g) The views expressed by other users on our site do not represent our views or values.

h) You are solely responsible for securing and backing up your content.

13) CONTENT STANDARDS

a) These content standards apply to any and all material which you contribute to our site or any social network site we may make available (contributions), and to any interactive services associated with it.

b) You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

c) Contributions must:

i) Be accurate (where they state facts).

ii) Be genuinely held (where they state opinions).

iii) Comply with applicable law in the Republic of South Africa and in any country from which they are posted.

d) Contributions must not:

i) Contain any material which is defamatory of any person.

ii) Contain any material which is obscene, offensive, hateful or inflammatory.

iii) Promote sexually explicit material.

iv) Promote violence.

v) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

vi) Infringe any copyright, database right or trade mark of any other person. vii) Be likely to deceive any person.

viii) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

ix) Promote any illegal activity.

x) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

xi) Be likely to harass, upset, embarrass, alarm or annoy any other person.

xii) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

xiii) Give the impression that they emanate from us, if this is not the case.

xiv) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

14) SECURITY

a) Although we are not obliged to provide security on our site we feel it is important that your information or any communication between us is dealt with in the most secure manner reasonable possible, however because of the nature of the internet we cannot warrantee that your communications with us via the site is completely secure;

b) To provide adequate security to all users of the site and to monitor activities prohibited under section 86 of the ECT Act you hereby agree to our right to intercept, monitor, block, read, delete or accesses all data sent to the site or any other Team Forward communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the RIC Act;

c) It is our policy to virus check documents and files before they are posted on a site.

However, we cannot guarantee that documents or files downloaded from the site will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you will not post or provide to us via the site, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via the site.

15) LINKING TO OUR SITE

a) You may link to our site, but only to the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

c) You must not establish a link to our site in any website that is not owned by you.

d) Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

e) We reserve the right to withdraw linking permission without notice.

f) The website in which you are linking must comply in all respects with the content standards set out under paragraph 13) above.

g) If you wish to make any use of content on our site other than that set out above, please contact: info@teamforward.co.za.

16) THIRD PARTY LINKS AND RESOURCES IN OUR SITE

a) Where our site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only.

b) We have no control over the contents of those sites or resources and make no warranties about them. We recommend that you read their terms of use and privacy policies before you use any of their sites.

17) BREACH, SUSPENSION & TERMINATION

a) We will determine, in our discretion, whether there has been a breach of these terms of use through your use of the site. When a breach has occurred, we may take such action as we deem appropriate, which may include (but not limited to):-

i) Immediate, temporary or permanent withdrawal of your right to use the site.

ii) Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.

iii) Issue of a warning to you.

iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

v) Further legal action against you.

vi) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

b) We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

c) All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.

d) No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

e) Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.

18) APPLICABLE LAW & JURISDICTION

a) If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by the Republic of South Africa law. You and we both agree to that the courts of South Africa will have exclusive jurisdiction.

b) Kindly take note: No term, condition and/or provision of these Terms of Use is intended to limit your, as the case may be, right to settle a dispute concerning the CPA (to the extent applicable) using the mechanisms provided for therein.

19) ELECTRONIC COMMUNICATIONS & CONTRACT BETWEEN US

a) Data Messages sent from us to You have been sent from the Team Forward Premises;

b) A Data Message is deemed to be sent:-

(1) By us, at the time shown on the message as having been sent, or if not so shown, at the time shown on our information system as having been sent;

(2) By You, at the time when we confirm receipt thereof.

  1. c) A data message is deemed to be received:-

(1) By us: only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement further does not give legal effect to that message, unless specifically indicated by us that it does give legal effect to the Data Message;

(2) By You: once it enters your information system.

d) All information that are incorporated by using hyperlinks and / or other methods of reference form part of these terms of Use (see section 11(3) of the ECT Act);

e) Attribution of Data Messages to originator you agree and warrant that the Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.

f) Expression of intent: For purposes of electronic communications between you and us no electronic signature is required; the mere sending of a Data Messages or browsing of our site(s) demonstrates your intent to be a party to this agreement;

20) CONTACT US

a) In terms of our website or Team Forward Platform (functionality or any recommendations) you can send us an email to info@teamforward.co.za

b) For customer services: please use the contact information as per our Talk to Use page.

c) For complaints: it is important to us that you are satisfied with or services. Please contact us first if you have a complaint or any other goods and/or service related issue. You can use the contact information as per our Talk to us / Contact us page. Please ask for reference number if you speak to any of our representatives;

d) For any legal documentation or notices (hopefully this will never be required) we select the following address:

  1. Physical address: 20 Nalopi Estate, Rea Road, Douglasdale, Johannesburg
  2. ii) Email: info@teamforward.co.za

iii) (Marked for the attention of: Managing Director)

e) If it is required to send you any legal document or notice we will send it to the last address / contact details you have supplied us with.

  1. f) Any notice to either party which is –
  2. i) sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause 20 (d). shall be deemed to have been received, unless the contrary is proved, within 14 (fourteen) days from the date on which it was posted; or
  3. ii) delivered to the party by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or

iii) sent by a Data Message to the addressee shall be deemed to be received as per clause 19)c).

g) Notwithstanding anything to the contrary herein, a written notice actually received by a party, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to its chosen address.

21) DEFINITIONS

a) CPA: the Consumer Protection Act 68 of 2008;

b) Data Message: as defined under the ECT Act;

c) ECT Act: means the Electronic Communications and Transactions Act 2002;

d) RIC Act: Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;

e) Team Forward Platform: the software program/platform made available by Team Forward to You to select and acquire goods and/or services and monitor all Team Forward activities available to You.