These are the terms and conditions subject to which we allow you to use Our Website. By visiting or using Our Website, or make an order for Services, you agree to be bound by them. We are TVC Wealth and Health Managers (Pty) Ltd, a company registered in South Africa, with registration number 2005/038370/07. Our address is 4 Bridal Close, Tyger Falls, Bellville, 7530. VAT Registration Number: 4610184840. You are: Anyone who uses Our Website or buys any Service from us in any circumstances.
It is now agreed as follows:
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.
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 TVC WEALTH AND HEALTH MANAGERS group of companies, including all of the web pages owned by us.
means, if the price is fixed, the price for our Services as set out on Our Website, or if the price is not fixed, the price for our Services as quoted by us to you.
means all of the services available from Our Website, whether free of charge or not.
means the Service/s you have ordered from us and which Service/s we have agreed to provide to you.
In this agreement, unless the context otherwise requires:
1.1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa;
1.2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
1.3. in the context of permission, “may not” in connection with an action of yours, means “must not”;
1.4. the headings to the paragraphs to this agreement are inserted for convenience only and do not affect the interpretation;
1.5. 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;
1.6. any obligation of TVC WEALTH AND HEALTH MANAGERS arising from this agreement may be performed by any other person appointed by TVC WEALTH AND HEALTH MANAGERS;
1.7. these terms and conditions shall apply to all Services supplied by us to you and shall prevail over any terms proposed by you;
1.8. any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
1.9. a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible form including e-mail;
1.10. a reference to legislation is a reference to that legislation as in force at the date of this terms and conditions and amended, extended, re-enacted or consolidated from time to time;
1.11. the rule of interpretation that a contract shall be interpreted against the party responsible for drafting same (or a provision thereof) and any similar rules of interpretation shall not be applied in the interpretation of this terms and conditions;
1.12. 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.
2. Basis of contract
2.1. By entering into this agreement you agree that you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
2.2. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
2.3. Subject to these terms and conditions, we supply the Services on our Website to you and agree to complete the Work at the Prices we charge from time to time.
2.4. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services you intend to buy are suitable and satisfactory for your requirements.
2.5. So far as we allow use of our Intellectual Property and as far as it is applicable to the Work, we grant a licence to you, limited to the terms set out in this agreement.
2.6. Our agreement with you and licence to you last for one year from the date of payment, unless the agreement has been terminated on an earlier date in terms of clause 13. Any continuation by us or by you after the expiry of one year or after termination of this agreement is a new agreement on the terms then shown on Our Website. Your continued use of our Services after the one year term or after termination of this agreement shall be a deemed acceptance by you of the changed Service, system and/or terms.
2.7. The contract between us comes into existence when we receive payment from you for the Work to be done by us.
2.8. We do not offer the Services in all countries. We may refuse to supply a Service to you if the Work relates to a jurisdiction in which we do not offer our Services.
2.9. Subject to all the terms in this agreement, we authorise you to access and use Our Website and to download and print a small part of the content relating to the Work. This licence is conditional not only on your compliance with all of the terms of this agreement, but also on you using the content on the Website only as intended by us, for your use in connection with the Work.
2.10. Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such other Services, the relevant terms will become part of this agreement.
2.11. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that those terms will be applicable and enforceable by us and that you will abide by those terms in the same way as if those terms we part of these terms and conditions.
2.12. If you have not paid the Price / our fee for the Work and have not submitted all the necessary documentation and information required to do the Work, 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 and you agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website or the Services and we are under no obligation to supply the Services to you.
2.13. This agreement terminates when the Work is completed by us, and for each Service ordered by you, a new agreement will come into existence between us. If we have to give advice on the same subject at a time after termination of the agreement, that advice constitutes a separate agreement and does not retrospectively extend the first agreement for our Services.
2.14. There is no agreement between us for any free Service, whether provided on Our Website or not, and therefore you do not become a client of us by using any free Service and we are not liable to you in any way resulting from your use of any free Service.
2.15. Services will be delivered by us by your free download, by e-mail or by both of these, at our choice.
2.16. You agree that you are bound by these terms (or the latest version of them) and any additional terms, if applicable, for all agreements with us, whether ordered through Our Website or in some other way.
2.17. In order to do the Work, we rely on the accuracy, relevancy and completeness of the documentation and information you provide to us and therefore cannot be held liable for any delay or damages caused due to any incomplete, irrelevant or inaccurate documentation or information you have submitted to us.
2.18. We require a minimum of 30 (thirty) days to complete the Work. We cannot be held liable for non-completion of the Work or for any damages caused by not completing the Work in time if we do not receive all the required information and documentation from you within at least 30 (thirty) days before the due date of completion of the Work.
3. Price and payment
3.1. Prices on Our Website for Services which you may buy as a South African consumer are inclusive of VAT, if applicable.
3.2. The Price of any Service may be changed by us at any time, but we will never change a Price so as to affect the Price charged to you at the time when you buy a Service.
3.3. Prices for Services are fixed whenever it is reasonably possible for us to ascertain the price.
3.4. When we do not provide fixed Prices for the Service, we will charge by the hour. In that case all Work done, including all letters, e-mails, faxes and telephone calls made and received by us will be charged on a time basis in minimum units of one hour.
3.5. Estimates of charges will be provided to you wherever possible.
3.6. Payment may be made by credit card to Our Website, by cheque, or by transfer to our bank account.
3.7. If we do not receive payment within the period required, we shall stop Work until you have brought your payment up to date and cannot be held liable for any damages caused if we are unable to complete the Work before the due date if a delay is caused by non-payment.
3.8. It is possible that the Price may have increased from that posted on Our Website. If that happens and if you have not already paid for the Services before the increase, we will not provide the Services until you have confirmed that you wish to order at the new price.
3.9. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than South African currency will be borne by you.
3.10. Any details given by us in relation to exchange rates are approximate only and may vary from time to time and we cannot be held liable for any incorrectness or costs hereof.
4. If you buy as a consumer
This and the following paragraph are not contractually part of this agreement. These are statement of your rights as a consumer as defined in the Electronic Communications and Transactions Act 2002. This paragraph applies to Services you buy from us.
4.1. Subject to the further provisions below, if you cancel your agreement within seven days of having made it, we shall refund your payment in full.
4.2. If it was urgent that we should start to provide the Services immediately after we received your order, and we did start them, we are obliged to refund to you only the pro-rata proportion of the Price that relates to the incomplete portion of the Work;
4.3. You have no right to cancel a Service which has been drawn up to your order.
4.4. You have no right to cancel a Service which has been delivered to you via the Internet.
4.5. You have no right to return soft copy material contained in any medium unless it is apparent from the packaging that you have not accessed the contents.
5. Security of your credit card
Subject to clause 11.5, we take care to make Our Website safe for you to use.
5.1. 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.
5.2. 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.
6. Service provision
6.1. The Services are listed and described on Our Website. Once you have paid we may contact you to tell you what help we need from you and when we shall start, and complete the Work for you.
6.2. The provision of our Services and Work relies on a schedule of work. If you are unable to provide us with acceptance or information we require for a period which extends the agreed timescale then we are entitled to payment in accordance with the schedule in any event.
6.3. Our Services will be delivered in the way we have explained on Our Website.
6.4. If we are not able to provide you Services and / or the Work within 30 days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
6.5. All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
6.6. You may not share or allow others to use the Services in your name.
7. Foreign taxes, duties and import restrictions
7.1. If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
7.2. You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
8. Dissatisfaction with the Services
8.1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Service, please tell us at the earliest opportunity:
8.1.1. exactly why you think we have failed;
8.1.2. the date, if relevant, of the failure;
8.1.3. when and how you discovered the failure;
8.1.4. the result of the failure;
8.1.5. your suggestion as to action we should take to resolve the situation and restore your faith in us.
8.2. To do this, it is essential that you contact us by e-mail at the contact point on Our Website.
8.3. You now agree that you commit a breach of this agreement if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our payment service provider and secondly a sum based on time spent at R 850.00 (excluding VAT, if applicable) per hour in dealing with your breach. You also agree that this provision is reasonable.
9.1. Both parties are aware that in the course of the Work for you either of us will have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.
9.2. We both now undertake for ourselves and every employee, or sub-contractor whose services we may use both during and after completion of the Work, that we will not divulge to any person whatever or otherwise make use of (and will use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.
9.3. Each of us now undertakes to the other to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as will from time to time be necessary to ensure compliance by its employees, agents and sub-contractors with these provisions.
9.4. Each of us now undertakes to the other that for the period of 12 months following completion of the Work they will not directly or by an agent or otherwise and whether for themselves or for the benefit of any other person induce or endeavour to induce any officer or employee of the other to leave his employment.
9.5. The provisions of the last previous sub paragraph will not apply to either of us if the other becomes subject to bankruptcy, receivership or liquidation proceedings.
10. Intellectual Property
You agree that at all times you will:
10.1. not cause or permit anything which may damage or endanger our title to the Intellectual Property;
10.2. notify us of any suspected infringement of the Intellectual Property;
10.3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
10.4. on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
10.5. not use any name or mark similar to or capable of being confused with any name or mark of ours;
10.6. so far as concerns software provided or made accessible by us to you, you will not:
10.6.1. copy, or make any change to any part of its code;
10.6.2. use it in any way not anticipated by this agreement;
10.6.3. give access to it to any other person than you, the licensee in this agreement;
10.6.4. in any way provide any information about it to any other person or generally.
10.7. not use the Intellectual Property except directly in our interest.
10.8. The content on Our Website, including software, text, graphics, icons, logos, hyperlinks and designs are the property of or licensed to us or third parties. Subject to the rights afforded to you in these terms and conditions, if any, all our rights to Intellectual Property on Our Website are expressly reserved.
11. Disclaimers and limitation of liability
11.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
11.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
11.3. Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
11.3.1. useful to you;
11.3.2. of satisfactory quality;
11.3.3. fit for a particular purpose;
11.3.4. available or accessible, without interruption, or without error.
11.4. 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.
11.5. We make no representation or warranty and accept no responsibility in law for:
11.5.1. accuracy of any content or the impression or effect it gives;
11.5.2. delivery of content, material or any message;
11.5.3. privacy of any transmission;
11.5.4. third party advertisements which are posted on Our Website or through the Services;
11.5.5. the conduct, whether online or offline, of any user of Our Website or the Services;
11.5.6. failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
11.5.7. any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
11.5.8. any aspect or characteristic of any goods or services advertised on Our Website.
11.6. 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 12 month period for the Services and / or Work concerned.
11.7. We will not be liable to you for any loss or expense which is:
11.7.1. indirect or consequential loss; or
11.7.2 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.
11.8. 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.
11.9. If you become aware of any breach of any term of this agreement by any person, please tell us by contacting us by e-mail at the contact point on Our Website.
11.10. We welcome your input but do not guarantee to agree with your judgement.
11.11. Nothing in this agreement will be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
12.1. your failure to comply with the law of any country;
12.2. your breach of this agreement;
12.3. any act, omission, neglect or default by any agent, employee, you or your customer.
This agreement may be terminated:
13.1. when the Work has been delivered to you.
13.2. immediately by us if you fail to pay any additional sum due within 35 days of the date reflected on an invoice;
13.3. immediately by either party if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 30 days of a written request to remedy it;
13.4. 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).
13.5. Termination of this agreement by this paragraph will be without prejudice to any other rights or remedies to which a party may be entitled to in the case of a breach of the agreement.
14. Miscellaneous matters
14.1. You undertake to provide to us your current physical and postal 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.
14.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will 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 will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.
14.3. The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title.
14.5. If you are in breach of any term of this agreement, we may:
14.5.1. terminate your account and refuse access to Our Website;
14.5.2. remove or edit content, or cancel any order at our discretion;
14.5.3. issue a claim in any court.
14.6. Any obligation in this agreement intended to continue to have effect after termination or completion will so continue.
14.7. 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.
14.8. When you visit Our Website or send messages to us by e-mail, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
14.9. Any communication to be served on either part by the other will be delivered by hand or sent by first class post or recorded delivery or by e-mail. It will be deemed to have been delivered:
14.9.1. if delivered by hand: on the day of delivery;
14.9.2. if sent by post to the correct address: within 7 days of posting;
14.9.3. if sent by e-mail or telefax to the address from which the receiving party has last sent an e-mail or telefax: within 48 hours if no notice of non-receipt has been received by the sender.
14.10. 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.
14.11. This agreement does not give any right to any third party.
14.12. Neither party will be liable for any failure or delay in performance of this agreement which is caused by a force majeure event and circumstances beyond its reasonable control.
14.13. 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 will prevail.
14.14. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Afric