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Terms of use

Last updated: 1 June 2021

1.  Introduction

Welcome to Selectus Thought Worx (Pty) Ltd (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website and the ChoiceWyze web application located at choicewyze.co.za (“Service(s)”) operated by Selectus Thought Worx (Pty) Ltd.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing us at support@choicewyze.co.za so that we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

2. Promotional messages

You agree to receive from time to time promotional messages and materials from us, by email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – you may unsubscribe at any time by following the unsubscribe link or by emailing us at support@choicewyze.co.za.

3.  Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

4.  Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5.  Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Selectus Thought Worx (Pty) Ltd cancels it. You may cancel your Subscription renewal by contacting support@choicewyze.co.za customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide Selectus Thought Worx (Pty) Ltd with accurate and complete billing information that may include but not limited to full name, address, province or state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise Selectus Thought Worx (Pty) Ltd to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Selectus Thought Worx (Pty) Ltd reserves the right to terminate your access to the Service with immediate effect.

6.  Free Trial

Selectus Thought Worx (Pty) Ltd offers a 14 day free trial ("Free Trial").

You are not required to enter your billing information in order to sign up for the Free Trial.

You may purchase a Subscription at any time during the free trial period in order to continue using the Service.

At any time and without notice, Selectus Thought Worx (Pty) Ltd reserves the right to modify the Terms of Service of the Free Trial offer.

7.  Fee Changes

Selectus Thought Worx (Pty) Ltd, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Selectus Thought Worx (Pty) Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8.  Content

The Service allows you to capture, upload, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content, including its legality, reliability, and appropriateness.

You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it, and (ii) that your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to the Content you submit or display on the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party submits or displays on the Service. 

9.  Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:

  1. In any way that violates any applicable national or international law or regulation.

  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

 

Additionally, you agree not to:

  1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.

  2. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

  3. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorised purpose without our prior written consent.

  4. Use any device, software, or routine that interferes with the proper working of the Service.

  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  6. Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

  7. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

  8. Take any action that may damage or falsify the Company rating.

  9. Otherwise attempt to interfere with the proper working of the Service.

10.  Analytics

We may use third-party Service Providers to monitor and analyse the use of the Service.

11.  No Use By Minors

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, by using the Service, you confirm that you have obtained approval from a parent or guardian and have the required authority to enter into this agreement and abide by all of the terms and conditions of the Terms.

12.  Accounts

When you create an account with us you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts or cancel orders at our sole discretion.

13. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Selectus Thought Worx (Pty) Ltd. The Service is protected by copyright, trademark, and relevant intellectual property laws of South Africa and other countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Selectus Thought Worx (Pty) Ltd.

14.  Error Reporting and Feedback

You may provide us either directly at support@choicewyze.co.za or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.

15.  Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Selectus Thought Worx (Pty) Ltd.

Selectus Thought Worx (Pty) Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

16.  Disclaimer Of Warranty

These services are provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

 

Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Services, their content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that the Services or any services or items obtained through the Services will otherwise meet your needs or expectations.

 

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

17.  Limitation Of Liability

To the maximum extent permitted by applicable law, in no event shall Selectus Thought Worx (Pty) Ltd, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

To the maximum extent permitted by applicable law, Selectus Thought Worx (Pty) Ltd assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

 

 

18.  Indemnity

You agree to indemnify and hold Selectus Thought Worx Pty (Ltd) harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

19.  Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20.  Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

21.  Changes To The Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

22.  Amendments To Terms

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. 

Your continued use of the platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

23.  Waiver And Severability

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

24.  Acknowledgement

By using the Service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

25. Contact Us

Please send your feedback, comments, requests for technical support by email: support@choicewyze.co.za.

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