SELECT SIFISO TERMS OF SERVICE

Welcome to selectsifiso.com, the website and online service of SELECT SIFISO PTY LTD (SELECT SIFISO,” “we,” or “us” or “our”). This page explains the terms by which you may use our online service, web site, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service you signify that you have read, understood and agree to be bound by these Terms of Service (“Terms”) and to the collection and use of your information as set forth in the SELECT SIFISO Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, users, and others who access the Service (“Users”).

Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. We reserve the right to update and change the Terms of Service by posting updates and changes to the our website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and our Privacy Policy before you may become a SELECT SIFISO user.If you do not agree with these terms or our Privacy Policy then you should not use our Service.

SECTION 1 – Account Terms

  • You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  • To access and use the Services, you must register for a SELECT SIFISO account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required.
  • We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  • You acknowledge that we will use the email address you provide as the primary method for communication.
  • You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  • You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your SELECT SIFISO Account (“Store Content”).
  • You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 2 – Account Activation

The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

You acknowledge that PayPal Express Checkout will be your default payments gateway and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 16 of these Terms of Service.

SECTION 3 – General Conditions

The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Gauteng and the laws of South Africa applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Gauteng with respect to any dispute or claim arising out of or in connection with the Terms of Service.

  • You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on our website, and such amendments to the Terms of Service are effective as of the date of posting.
  • Your continued use of the Services after the amended Terms of Service are posted to our website constitute your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  • You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of South Africa and the Province of Gauteng.
  • You will comply with all applicable laws, rules and regulations in your use of the Service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SELECT SIFISO.
  • You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use SELECT SIFISO or SELECT SIFISO trademarks and/or variations and misspellings thereof.
    Questions about the Terms of Service should be sent to sifiso@selectsifiso.com.
  • You acknowledge and agree that your use of the Service, including information transmitted to or stored by us, is governed by its privacy policy at SELECT SIFISO Privacy Policy.
  • You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and other Terms of Service available in another language, the most current English version of the Terms of Service will prevail.
You further agree that you will not:

  • Disguise, anonymise or hide your IP address or the source of any Content that you may upload;
    remove or amend any proprietary notices or other ownership information from our Service;
  • Interfere with or disrupt our Service or servers or networks that provide our Service;
  • Attempt to decompile, reverse engineer, disassemble or hack our Service, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
  • ‘Harvest’, ‘scrape’ or collect any information about or regarding other people that use our Service, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
  • Use our Service in violation of any applicable law or regulation; or
  • Use our Service in any other way not permitted by these terms.

SECTION 4 – SELECT SIFISO Rights

  • We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any SELECT SIFISO customer, SELECT SIFISO employee, member, or officer will result in immediate Account termination.
  • In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  • We retain the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, we reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.

SECTION 5 – Limitation of Liability

  • You expressly understand and agree that we shall not be liable 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 resulting from the use of or inability to use the service.
  • In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence).
  • You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, our partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  • We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  • We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  • You are responsible for the internet connection and/or mobile charges that you may incur for accessing our Service. You should ask your mobile operator if you are unsure what these charges will be, before you access our Service.

SECTION 6 – Waiver and Complete Agreement

The failure of SELECT SIFISO to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SELECT SIFISO and govern your use of the Service, superseding any prior agreements between you and SELECT SIFISO (including, but not limited to, any prior versions of the Terms of Service).

SECTION 7 – Intellectual Property and Customer Content

We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

SECTION 8 – Cancellation and Termination

You may cancel your Account at anytime by emailing sifiso@selectsifiso.com and then following the specific instructions indicated to you in our response.Upon termination of the Services by either party for any reason:

  • SELECT SIFISO will cease providing you with the Services and you will no longer be able to access your Account;
  • Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
  • Any outstanding balance owed to SELECT SIFISO for your use of the Services through the effective date of such termination will immediately become due and payable in full. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  • We reserve the right to modify or terminate our Service or your Account for any reason, without notice at any time.
  • Fraud: Without limiting any other remedies, we may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

SECTION 9 – Modifications to the Service and Prices

  • Prices for the Services are subject to change.
  • We reserve the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  • We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 10 – Third Party Services

In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, our partners or other third parties. We may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or our website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services.
You acknowledge that we have no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on our website, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us.