Softloft (PTY) LTD - Terms and Conditions
Softloft (PTY) LTD services are provided to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of South Africa or other applicable jurisdiction. Please note that by using any services offered by Softloft (PTY) LTD you will be signifying your acceptance of these terms and conditions, which will become binding on you the first time you log-on to the Service.
The Service
You hereby agree that your use of our services shall at all times be subject to the terms and conditions as set out herein. If you are not willing to agree to these provisions, you must NOT use the services. Upon successful registration, you will have the opportunity to choose a username and password. You are solely responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password or any other breach of security. You further agree that we will not be liable to you or any other party whatsoever in respect of any losses or damages resulting from someone else using your password, whether with or without your knowledge. However, you could be held liable for losses or damages incurred by us or any third party due to someone else using your password. Your use of any Software provided by Softloft (PTY) LTD will be governed by these Terms and any additional terms and conditions of the end user license agreement accompanying such Software if we so choose to include further conditions, however the lack of any further conditions will in no way affect these terms. Softloft (PTY) LTD Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Softloft (PTY) LTD services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Softloft (PTY) LTD services, use of Softloft (PTY) LTD services, or access to Softloft (PTY) LTD services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement. Softloft (PTY) LTD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Softloft (PTY) LTD services (or any part thereof) with or without notice. You agree that Softloft (PTY) LTD shall not be liable to you or to any third party for any modification, suspension or discontinuance of Softloft (PTY) LTD services. Your use of Softloft (PTY) LTD services is at your sole risk. Softloft (PTY) LTD services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Softloft (PTY) LTD and partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Softloft (PTY) LTD and partners do not warrant that (i) Softloft (PTY) LTD services will meet your requirements, (ii) Softloft (PTY) LTD services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Softloft (PTY) LTD services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Softloft (PTY) LTD services will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of Softloft (PTY) LTD services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Softloft (PTY) LTD or through or from Softloft (PTY) LTD services shall create any warranty not expressly stated in the terms. All information, once submitted to Softloft (PTY) LTD becomes the property of Softloft (PTY) LTD.
Service Availability
While we will attempt to keep the Service available at all times, you acknowledge that we make no guarantees, of whatsoever nature, in respect of the availability of the Service and that we will not be liable to you or any other party whatsoever in respect of any loss or damages suffered as a result of the unavailability of the Service for any reason whatsoever. You agree that Softloft (PTY) LTD may at any time and for any reason, including a period of account inactivity, terminate your access to Softloft (PTY) LTD services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Softloft (PTY) LTD services, your account or any files or other content contained in your account.
Indemnity
You further understand and agree that we will not, under any circumstances, be liable for any loss or damages, of whatsoever nature, resulting from the unavailability of the Service, your use of, or inability to use the Service, unauthorised access to, or alteration of your transmissions through the Service, or any other matter relating to the Service or its constituants. The entire risk relating to the use of the service is borne by you and you assume full responsibility and liability for all claims, losses and damages arising as a direct or indirect result of your use of the Service. You understand that the Service is provided on an "as is" and "as available" basis and that we give no warranties of any kind, whether express or implied, with regard to the service. Accordingly, we assume no responsibility or liability for timeliness, deletion, mis-delivery, corruption or failure to store any messages or other material maintained or transmitted by or through the Service. You hereby indemnify us and agree to hold us harmless from any claim, demand or damage asserted by any third party due to or arising out of your use of the Service. You hereby indemnify us and agree to hold us harmless from any loss or damage of whatever nature and howsoever arising from your use of the Service and/or failure to comply with these terms and conditions and/or any other requirements that we may impose from time to time. You hereby agree that we will not, under any circumstances whatsoever, be liable for any indirect, consequential, special or incidental loss or damages, howsoever arising from or in connection with the Service, even if advised of the possibility of such loss or damages and whether arising from negligence, breach of warranty or contract or otherwise. Softloft (PTY) LTD does not warrant, guarantee or make any representations regarding the currency, correctness, accuracy, reliability or any other aspect regarding characteristics or use of the Service. You accept sole responsibility and risk associated with the use and results of the Service, irrespective of the purpose to which such use or results are applied. In no event shall Softloft (PTY) LTD be liable for any damages resulting from misconduct committed by us or any other third party. You agree to hold harmless and indemnify Softloft (PTY) LTD, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Softloft (PTY) LTD and Partners") from and against any third party claim arising from or in any way related to your use of Softloft (PTY) LTD services, violation of the Terms or any other actions connected with use of Softloft (PTY) LTD services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Softloft (PTY) LTD will provide you with written notice of such claim, suit or action. And agree that Softloft (PTY) LTD and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Softloft (PTY) LTD or partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use Softloft (PTY) LTD services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Softloft (PTY) LTD services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Softloft (PTY) LTD services; or (v) any other matter relating to Softloft (PTY) LTD services. Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
Alterations to Terms & Conditions
We reserve the right to alter these terms and conditions at any time. You acknowledge that by using the Service, you will be bound to the then current version of the terms and conditions (the "Current Version") from time to time and that, unless stated otherwise in the current version, all previous versions will be superseded by the Current Version. You are responsible for reviewing the Current Version each time you make use of the Service. Without derogating from the a foregoing, and without imposing any obligation whatsoever on us, we reserve the right to give you notice of amendments of the terms and conditions. On receipt of notice of amended terms and conditions, you will be obliged to visit the legal section of the accounting.youraccounts.co website and view the then Current Version. A certificate signed by us (or by one of our directors, whose appointment, qualification and authority need not be proved) shall be prima facie proof of the date of publication and content of the Current Version and all previous versions of the terms and conditions. You agree that Softloft (PTY) LTD may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Softloft (PTY) LTD services.
Intellectual Property Rights
You acknowledge and agree that Softloft (PTY) LTD services and any necessary software used in connection with Softloft (PTY) LTD services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree Softloft (PTY) LTD services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Softloft (PTY) LTD or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Softloft (PTY) LTD services or Software, in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, Softloft (PTY) LTD grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Softloft (PTY) LTD in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Softloft (PTY) LTD services. Except as expressly authorized by Softloft (PTY) LTD you agree not to use, copy, imitiate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Softloft (PTY) LTD's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Softloft (PTY) LTD services or Software. All materials contained in the accounting.youraccounts.co website and its derivatives, which are created or developed on the basis of Softloft (PTY) LTD copyrighted material by any party rightfully licensed by Softloft (PTY) LTD or sublicensed by us, are the copyrighted property of Softloft (PTY) LTD or its affiliated companies. Except for any fair use for purposes of study, research, criticism and review, as permitted under applicable copyright legislation, no part of the aforesaid materials may in any form or by any electronic, mechanical, photocopying, recording or any other means be used, reproduced, stored in a retrieval system, broadcast or transmitted without the prior permission of Softloft (PTY) LTD. including (without being limited to) intellectual property right and the right of privacy. All trademarks, service marks, logos, and trade names relating to the Services (the "Trademarks") are proprietary to Softloft (PTY) LTD or its affiliates. You may not change any Trademark in any way, including (without being limited to) changes in the color, proportion or design, or removal of any words, artwork or trademark symbols. No part of any Trademark may in any form, alone or in combination with other marks, names or products, or by any electronic, mechanical, photocopying, recording or any other means be used, reproduced, broadcast or transmitted without prior permission from Softloft (PTY) LTD.
General
These terms and conditions shall in all respects be governed and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters in connection herewith, shall be determined in accordance with such laws. Failure to enforce any provision of these terms and conditions shall not be construed as a waiver of our rights, nor shall such failure in any way affect the validity of the whole or any part of these terms and conditions, nor prejudice our right to take subsequent action. These terms and conditions constitute the entire agreement that applies to your use of the Service and no other provision shall be binding on us. No addition to, or variation of these terms and conditions (save for those effected under clause 6 above) shall be of any force or effect. If any part of these terms and conditions is determined to be invalid or unenforceable, it shall not affect the remainder of the terms and conditions, which shall remain in full force and effect.
Entire Agreement.
The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Softloft (PTY) LTD and govern your use of Softloft (PTY) LTD services, superceding any prior agreements between you and Softloft (PTY) LTD for the use of Softloft (PTY) LTD services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Softloft (PTY) LTD services, affiliate services, third-party content or third-party software.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Softloft (PTY) LTD services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.
Softloft (PTY) LTD services are provided to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of South Africa or other applicable jurisdiction. Please note that by using any services offered by Softloft (PTY) LTD you will be signifying your acceptance of these terms and conditions, which will become binding on you the first time you log-on to the Service.
The Service
You hereby agree that your use of our services shall at all times be subject to the terms and conditions as set out herein. If you are not willing to agree to these provisions, you must NOT use the services. Upon successful registration, you will have the opportunity to choose a username and password. You are solely responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password or any other breach of security. You further agree that we will not be liable to you or any other party whatsoever in respect of any losses or damages resulting from someone else using your password, whether with or without your knowledge. However, you could be held liable for losses or damages incurred by us or any third party due to someone else using your password. Your use of any Software provided by Softloft (PTY) LTD will be governed by these Terms and any additional terms and conditions of the end user license agreement accompanying such Software if we so choose to include further conditions, however the lack of any further conditions will in no way affect these terms. Softloft (PTY) LTD Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Softloft (PTY) LTD services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Softloft (PTY) LTD services, use of Softloft (PTY) LTD services, or access to Softloft (PTY) LTD services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement. Softloft (PTY) LTD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Softloft (PTY) LTD services (or any part thereof) with or without notice. You agree that Softloft (PTY) LTD shall not be liable to you or to any third party for any modification, suspension or discontinuance of Softloft (PTY) LTD services. Your use of Softloft (PTY) LTD services is at your sole risk. Softloft (PTY) LTD services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Softloft (PTY) LTD and partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Softloft (PTY) LTD and partners do not warrant that (i) Softloft (PTY) LTD services will meet your requirements, (ii) Softloft (PTY) LTD services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Softloft (PTY) LTD services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Softloft (PTY) LTD services will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of Softloft (PTY) LTD services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Softloft (PTY) LTD or through or from Softloft (PTY) LTD services shall create any warranty not expressly stated in the terms. All information, once submitted to Softloft (PTY) LTD becomes the property of Softloft (PTY) LTD.
Service Availability
While we will attempt to keep the Service available at all times, you acknowledge that we make no guarantees, of whatsoever nature, in respect of the availability of the Service and that we will not be liable to you or any other party whatsoever in respect of any loss or damages suffered as a result of the unavailability of the Service for any reason whatsoever. You agree that Softloft (PTY) LTD may at any time and for any reason, including a period of account inactivity, terminate your access to Softloft (PTY) LTD services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Softloft (PTY) LTD services, your account or any files or other content contained in your account.
Indemnity
You further understand and agree that we will not, under any circumstances, be liable for any loss or damages, of whatsoever nature, resulting from the unavailability of the Service, your use of, or inability to use the Service, unauthorised access to, or alteration of your transmissions through the Service, or any other matter relating to the Service or its constituants. The entire risk relating to the use of the service is borne by you and you assume full responsibility and liability for all claims, losses and damages arising as a direct or indirect result of your use of the Service. You understand that the Service is provided on an "as is" and "as available" basis and that we give no warranties of any kind, whether express or implied, with regard to the service. Accordingly, we assume no responsibility or liability for timeliness, deletion, mis-delivery, corruption or failure to store any messages or other material maintained or transmitted by or through the Service. You hereby indemnify us and agree to hold us harmless from any claim, demand or damage asserted by any third party due to or arising out of your use of the Service. You hereby indemnify us and agree to hold us harmless from any loss or damage of whatever nature and howsoever arising from your use of the Service and/or failure to comply with these terms and conditions and/or any other requirements that we may impose from time to time. You hereby agree that we will not, under any circumstances whatsoever, be liable for any indirect, consequential, special or incidental loss or damages, howsoever arising from or in connection with the Service, even if advised of the possibility of such loss or damages and whether arising from negligence, breach of warranty or contract or otherwise. Softloft (PTY) LTD does not warrant, guarantee or make any representations regarding the currency, correctness, accuracy, reliability or any other aspect regarding characteristics or use of the Service. You accept sole responsibility and risk associated with the use and results of the Service, irrespective of the purpose to which such use or results are applied. In no event shall Softloft (PTY) LTD be liable for any damages resulting from misconduct committed by us or any other third party. You agree to hold harmless and indemnify Softloft (PTY) LTD, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Softloft (PTY) LTD and Partners") from and against any third party claim arising from or in any way related to your use of Softloft (PTY) LTD services, violation of the Terms or any other actions connected with use of Softloft (PTY) LTD services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Softloft (PTY) LTD will provide you with written notice of such claim, suit or action. And agree that Softloft (PTY) LTD and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Softloft (PTY) LTD or partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use Softloft (PTY) LTD services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Softloft (PTY) LTD services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Softloft (PTY) LTD services; or (v) any other matter relating to Softloft (PTY) LTD services. Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
Alterations to Terms & Conditions
We reserve the right to alter these terms and conditions at any time. You acknowledge that by using the Service, you will be bound to the then current version of the terms and conditions (the "Current Version") from time to time and that, unless stated otherwise in the current version, all previous versions will be superseded by the Current Version. You are responsible for reviewing the Current Version each time you make use of the Service. Without derogating from the a foregoing, and without imposing any obligation whatsoever on us, we reserve the right to give you notice of amendments of the terms and conditions. On receipt of notice of amended terms and conditions, you will be obliged to visit the legal section of the accounting.youraccounts.co website and view the then Current Version. A certificate signed by us (or by one of our directors, whose appointment, qualification and authority need not be proved) shall be prima facie proof of the date of publication and content of the Current Version and all previous versions of the terms and conditions. You agree that Softloft (PTY) LTD may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Softloft (PTY) LTD services.
Intellectual Property Rights
You acknowledge and agree that Softloft (PTY) LTD services and any necessary software used in connection with Softloft (PTY) LTD services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree Softloft (PTY) LTD services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Softloft (PTY) LTD or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Softloft (PTY) LTD services or Software, in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, Softloft (PTY) LTD grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Softloft (PTY) LTD in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Softloft (PTY) LTD services. Except as expressly authorized by Softloft (PTY) LTD you agree not to use, copy, imitiate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Softloft (PTY) LTD's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Softloft (PTY) LTD services or Software. All materials contained in the accounting.youraccounts.co website and its derivatives, which are created or developed on the basis of Softloft (PTY) LTD copyrighted material by any party rightfully licensed by Softloft (PTY) LTD or sublicensed by us, are the copyrighted property of Softloft (PTY) LTD or its affiliated companies. Except for any fair use for purposes of study, research, criticism and review, as permitted under applicable copyright legislation, no part of the aforesaid materials may in any form or by any electronic, mechanical, photocopying, recording or any other means be used, reproduced, stored in a retrieval system, broadcast or transmitted without the prior permission of Softloft (PTY) LTD. including (without being limited to) intellectual property right and the right of privacy. All trademarks, service marks, logos, and trade names relating to the Services (the "Trademarks") are proprietary to Softloft (PTY) LTD or its affiliates. You may not change any Trademark in any way, including (without being limited to) changes in the color, proportion or design, or removal of any words, artwork or trademark symbols. No part of any Trademark may in any form, alone or in combination with other marks, names or products, or by any electronic, mechanical, photocopying, recording or any other means be used, reproduced, broadcast or transmitted without prior permission from Softloft (PTY) LTD.
General
These terms and conditions shall in all respects be governed and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters in connection herewith, shall be determined in accordance with such laws. Failure to enforce any provision of these terms and conditions shall not be construed as a waiver of our rights, nor shall such failure in any way affect the validity of the whole or any part of these terms and conditions, nor prejudice our right to take subsequent action. These terms and conditions constitute the entire agreement that applies to your use of the Service and no other provision shall be binding on us. No addition to, or variation of these terms and conditions (save for those effected under clause 6 above) shall be of any force or effect. If any part of these terms and conditions is determined to be invalid or unenforceable, it shall not affect the remainder of the terms and conditions, which shall remain in full force and effect.
Entire Agreement.
The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Softloft (PTY) LTD and govern your use of Softloft (PTY) LTD services, superceding any prior agreements between you and Softloft (PTY) LTD for the use of Softloft (PTY) LTD services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Softloft (PTY) LTD services, affiliate services, third-party content or third-party software.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Softloft (PTY) LTD services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.