Terms & Conditions
Acceptance of the Terms
The site, content and services are provided to you subject to your agreement to be bound by these terms and conditions of use. BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
Paysoft reserves the right, in our sole discretion, to modify or update any of the terms and conditions at any time and from time to time and such modifications will supersede and replace any previous terms and conditions. Your continued use of this site means that you agree and accept these amended terms and conditions. If you do not agree to any modifications of these terms and conditions, you must immediately stop using this site.
Use of the Web Site
By accessing the Web site, you warrant and represent to Paysoft that you are legally entitled to do so. By subscribing for any of the service/s, you warrant and represent to Paysoft that you are legally authorised to subscribe for such service/s and have the requisite capacity to conclude legally binding transactions with Paysoft. You further warrant that you will not use the Web site, the service/s, or any information made available/sent to you by Paysoft pursuant to your use of the Web site for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the terms.
Disclaimer of Warranties and Liability
Neither Paysoft nor its suppliers makes warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Web site and the service/s and the Web site and service/s made available via the Web site are provided "as is". Paysoft does not make any warranty or representation that information and service/s advertised on the Web site are appropriate for use in any jurisdiction. Use of this site, the content and the services are at your own risk. Neither Paysoft nor its suppliers make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the site, the content or the services. Paysoft and/or its suppliers do not assume any responsibility for any errors, omissions or inaccuracies in the site, the content or the services.
Neither Paysoft nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Web site and/or any information contained on or received via the Web site, your use of the service/s and/or your reliance on any information offered via the Web site and service/s.
Without limiting the generality of the aforegoing, neither Paysoft nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the Web site for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the Web site. You hereby indemnify Paysoft or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.
Without limiting the generality of the aforegoing, Paysoft shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled. The content is provided for informational purposes only and is not intended to provide financial advice to you and you should not rely upon the content to provide any such advice. You should seek the advice of professionals regarding the evaluation and verification of any content provided on the site and, in any event, prior to making any financial decisions based on such content.
Subscription and Order Process
To subscribe for the service/s, you must complete a Paysoft application form and you must agree to be bound to Paysoft's Standard Subscriber Terms and Conditions. On receipt of your application form, Paysoft will takes such steps, as in its sole discretion it deems necessary, to evaluate your application and to verify whether, in completing the application form, you have provided Paysoft with complete and accurate information about yourself and your credit card information for payment; and insofar as you are requesting Paysoft to provide you with personal and/or business credit profiles, the information contained in the application form pertains to you personally. The application process will not be completed before you have been given the opportunity to review the entire transaction and correct any mistakes, or to withdraw from the transaction completely.
Once you receive the information/data requested in your order, you will have no right to cancel the order or attempt to rely on a "cooling-off" period as the service/s will already have been rendered by Paysoft in terms of the agreement. By placing an order for service/s, you agree that Paysoft may deliver the information you ordered using the contact information you provided in the application form. You hereby agree that Paysoft may before or after delivery send you electronic communications relating to your order and/or the service/s offered via the Web site from time to time, provided that you will be given the opportunity to cancel your subscription to Paysoft's mailing list at any time upon providing Paysoft with written notification to that effect.
Consumer Protection Information
In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), your attention is drawn to the following:
- Full name and legal status: Paysoft (Pty) Ltd, a closed corporation incorporated in accordance with the laws of the Republic of South Africa;
- Registration number: 2008/236887/23.
- Telephone number: (021) 555 1962;
- Web site address: Paysoft.co.za;
- E-mail address: firstname.lastname@example.org
- Physical address for receipt of legal service of documents: 1 Thibault Square, 1 Long Street, Cape Town, South Africa;
- Paysoft provides an online credit and verification service.
- Manner of payment: electronically by credit card, debit order;
- The terms of the agreement: the terms of the agreement between yourself and Paysoft is governed by these terms, the application form and Paysoft's Standard Subscriber Terms and Conditions. Paysoft makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of these terms, the service/s and/or the accuracy or correctness of the information delivered to you or any part thereof • Time within which the service/s will be delivered: as soon as is reasonably possible after Paysoft accepts to comply with your order;
- Return and refund policy: by nature of the service/s, no information provided to you by Paysoft may be returned, and no monies paid by you to Paysoft in respect of the service/s will be refunded to you, unless it is established to the satisfaction of Paysoft that the services where in fact not provided by Paysoft;
Copyright and Intellectual Property Rights
Copyright and Intellectual Property Rights in all materials, texts, drawings and data made available on the Web site (collectively "the materials") are owned by Paysoft, alternatively Paysoft is the lawful user thereof, and is protected by both South African and international intellectual property laws.
External links are provided for your convenience, but they are beyond the control of Paysoft and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any Web site controlled by you or otherwise to this Web site without the express prior written permission of Paysoft.
Should Paysoft be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Paysoft is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred, then Paysoft shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any disputes arising in connection with the service/s referred to herein, or the terms or any matter related to or in connection therewith.
Paysoft shall be entitled from time to time, by giving notice to you, to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.