Terms Of Service

Last Updated on 5 June 2023.

GENERAL TERMS

These terms and conditions are effective immediately for those registering accounts after that date and will become effective on 5 June 2023 for those with pre-existing accounts. Copies of the previous terms are available on request.

These terms and conditions (the "Terms") govern your access to and use of the BIZpockit Services available on BIZpockit’s websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with TKJ Design (Pty) Ltd trading as BIZpockit, a company registered in accordance with the laws of the Republic of South Africa ("BIZpockit").

Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

  1. DEFINITIONS
    1. Parties
      1. "You" and "Your" refer to you, as a User of the Site, whether or not a Registered User;
      2. “Registered User” is a User who has opened an account on the Site.
      3. "User" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site.
      4. "We," "Us," and "Our" refer to TKJ Design (Pty) Ltd trading as BIZpockit.
    2. Other
      1. “Applicable Law” means the law of the Republic of South Africa.
      2. "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.
      3. “CPA” means the Consumer Protection Act 68 of 2008, as amended.
      4. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002, as amended.
      5. “Services” means any services forming part of a Subscription package;
      6. “Subscription” means a subscription for any of the Services offered by us to Users whether for a fee or otherwise.
  2. CONSUMER PROTECTION ACT
    1. In regard to any Users who are consumers for purposes of the CPA the provisions listed in clause 2.2 below are expressly drawn to your attention because such provisions :
      1. may limit the risk or liability of BIZpockit or a third party; and/or
      2. may create risk or liability for you; and/or
      3. may compel you to indemnify BIZpockit or a third party; and/or
      4. serves as an acknowledgement, by you, of a fact. 
    2. The relevant provisions for purposes of clause 2.1 are:
      1. clause 12 in terms of which you agree to indemnify us from certain third party claims.  The effect of the indemnity is that you may be obliged to reimburse us if any third party makes a claim against us in connection with the matters referred to therein;
      2. clause 13 in terms of which: i) we limit the scope of our liability to you; ii) you agree to reduce the types of remedies you have against us; and iii) you agree to us limiting the quantum and type of damages and other amounts you may claim from us.  The effect thereof may be to reduce and/or waive and/or limit certain claims you might otherwise have had against us.
    3. Your attention is drawn to these Terms because they are important and should be carefully noted by you. 
    4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask BIZpockit to explain it to you before you accept the Terms or continue using the Site or the Services. 
    5. Nothing in these Terms is intended to or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or BIZpockit in terms of the CPA.
    6. If you are a juristic person :
      1. you may have furnished us with copies of your financial statements and/or made other disclosures of a financial nature (collectively the “financial disclosures”) to us for purposes of us determining whether the CPA applies to the agreement between us constituted by these Terms;
      2. you warrant and undertake that the financial disclosures are true, accurate and correct at the time same were furnished;
      3. to the extent we rely upon the warranties in clause 2.6.1 and 2.6.2, you indemnify us in respect of loss, damage or expense incurred or suffered by us in connection with a breach thereof.
  3. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
    1. Information and required disclosures under section 43 of the ECT Act that are not contained elsewhere in these Terms:
      1. the full name and legal status of BIZpockit is TKJ Design (Pty) Ltd (Registration Number: 2014/116057/07), a company duly incorporated in accordance with the laws of the Republic of South Africa (“RSA”), whose full and further details appear hereunder:
        1. Directors: Alon Rom, Ronen Jackson, Marius Barnett, Paul Rutherford;
        2. Telephone Number: 021 206 5444;
        3. E-mail Address: info@bizpockit.com;
        4. Site:  www.bizpockit.com;
        5. Physical Business Address: 80 Strand Street, Cape Town, South Africa.
    2. Records of transactions: Where you conclude an order for any Subscriptions on this Site, this will be confirmed by a statement displayed online immediately after the order is submitted and can be saved or printed.  In addition, your order history may be viewed on the Site under the Accounts header.
  4. CHANGES TO THE TERMS OF SERVICE
    1. We may modify the Terms from time to time.
    2. You understand and agree that your access to or use of the Site and the Services is governed by the Terms effective at the time of your access to or use of the Site and the Services.
    3. If we make material changes to these Terms, we will notify you either by email or by posting a notice on the Site prior to the effective date of the changes.
    4. We will also indicate at the top of this page the date that revisions were last made.
    5. You should revisit these Terms on a regular basis as revised versions will be binding on you.
    6. Any such modification will be effective upon our posting of new Terms.
    7. You understand and agree that your continued access to or use of the Site and the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
  5. USING THE SITE
    1. Eligibility
      1. To access or use the Site:
        1. if you are a natural person, you must be 18 years or older and have the requisite power, authority and capacity to enter into these Terms;
        2. if you are a company or other juristic entity, then the person agreeing to these Terms on behalf of that company or juristic entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or juristic entity to these Terms.
      2. We may in our discretion request that you furnish us with evidence of compliance with clause 5.1.1 and you must deliver same to us promptly.
      3. The place of conclusion of the agreement between us is our main place of business in Cape Town, South Africa.
    2. Permission to Use the Site and Services
      1. We grant you permission to use the Site and to use the Services purchased by you, subject to the restrictions in these Terms.
      2. Your use of the Services under these Terms is limited to your own use and not for further resale, lease or other form of commercialization.
    3. Site Availability - The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability, except as set out herein.
    4. User Accounts
      1. You must create an account and provide certain information about yourself in order to use some of the features (including the Services) that are offered through the Site.
      2. You are responsible for maintaining the confidentiality of your account password.
      3. You are also responsible for all activities that occur in connection with your account.
      4. You agree to notify us immediately of any unauthorized use of your account.
      5. Your account is for your personal use only.
      6. You must provide complete and accurate information about yourself.
      7. Please read our bizpockit.com/legal/privacy-policy for more information.
    5. Transfer of Personal Information
      1. We store all data supplied by you and processed by us in the course of providing the Services, including personal information, on servers which are situated outside of South Africa.
      2. You consent to us transferring personal information supplied by you to another country for purposes of providing the Services and for storage, back up and other operational purposes.  Insofar as the personal information supplied by you is that of a third party, you warrant to us that you have obtained any and all consents necessary from those third parties under Applicable Law or otherwise, and you indemnify us from any claims of any such third party or regulatory body should that warranty be breached.
      3. We will comply with the legal requirements, if any, under Applicable Law relating to the transfer of personal information.
    6. Communications from BIZpockit
      1. By creating an account, you agree to receive certain communications in connection with the Site.
      2. You may receive e-mail newsletters from us.
      3. You may also receive transactional e-mail communication from us.
      4. You can opt-out of non-essential communications under Your profile in Your BIZpockit dashboard.
    7. Intellectual Property
      1. You will retain ownership in any data supplied by you, and processed by us in the course of providing the Services to you.
      2. We (or third parties from whom we may have licensed any relevant intellectual property for purposes of providing the Services) own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Site and the Services, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
      3. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the IP Rights in whole or in part except as expressly authorized by us (including in any manner contemplated in these Terms or as part of the Services purchased by you). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and IP Rights are retained by us (or by third parties from whom we may have licensed intellectual property for purposes of providing the Services).
    8. Support
      1. BIZpockit shall provide you with support services in accordance with this clause 5.8.
      2. Uptime Service Levels
        1. BIZpockit will use commercially reasonable efforts to make its Services available with a monthly uptime percentage of at least 99.85%. This does not include planned down time, which is carried out very rarely as it is not required as part of almost any of BIZpockit system updates, and on which BIZpockit will notify You in advance.
        2. Any breakage in Services that requires third party integrations including without limitations such as: calendar sync, other vendors providing services, messaging services, etc. will be classified and managed as a bug, not as lack of availability. Bug severity will be classified by measurements specified in clause 5.8.3 below.
        3. Unavailability of the native apps will also be classified as a bug, as long as the web app is available to all users.
        4. The following shall not be considered within the definition or calculation of downtime: (i) scheduled downtime; (ii) Services unavailability that is attributable to: (a) causes beyond BIZpockit’s reasonable control or the performance of any third party hosting provider or communications or internet service provider; (b) any actions or omissions of you or any third party acting on your behalf; and/or (c) your own or any third party’s equipment or software; and (d) Services unavailability caused by the suspension and termination of your right to use the Services in accordance with these Terms.
      3. Platform Support
        1. Definitions
          1. “Critical Priority” or “P1” – shall mean system behavior effecting all users and preventing access or ability to perform core functions of the system, and that is constant or clearly reproduced.
          2. “Tier II” – shall mean system behavior that affects some or all users but does not prevent them from using the core functionality of the system, or that is affecting a single user or a small group of users, or reporting user was not able to reproduce.
          3. “Business hours” – shall mean:
            1. For BIZpockit Development Team: Sunday-Thursday 9am-5pm (GMT+2)
            2. For BIZpockit Support Team: Monday-Friday 7am-4pm (PST)
      4. BIZpockit Deployment Policy
        BIZpockit operates in continuous development mode, where new features and code fixes are deployed on a daily basis, and in a controlled method in order to minimize the risk of critical issues in the production environment. Deployment is done only during BIZpockit’s development team Business Hours, following QA Team’s approval, and with a developer and sys admin present in case of P1s. No deployments are done before weekends or holidays.
      5. Support Process
        1. Critical Priority Support Process
          P1 will be reported immediately as a support ticket and to an urgent support email address dedicated to P1s, which creates an immediate notification to key personnel, including BIZpockit IT Department, BIZpockit Development Team and the BIZpockit main POC in the company (a member of BIZpockit's Development Team). BIZpockit personnel will immediately confirm whether the reported behavior does constitute a P1 and respond with an estimated time for a fix.
        2. Tier II Support Process - Support tickets for Tier II issues will be submitted for assessment and resolution through a dedicated priority ticketing service, covered by multiple support representatives. Initial response time for any priority submitted ticket is 2 hours during Business Hours.
      6. General.
        1. You undertake that you will cooperate with BIZpockit in its efforts to provide the support services hereunder, including without limitation by providing as much details as available about any errors, making your personnel available, and taking all such reasonable measures requested by BIZpockit in order to detect and provide further information with respect to each error. You acknowledge that compliance with your undertakings hereunder is essential to enable BIZpockit to provide the support services in accordance with the provisions hereof.
      7. Business Partners
        BIZpockit may in some instances rely on third party service providers to provide some or all of the support referred to herein.  BIZpockit shall be entitled to increase or defer response times in its reasonable discretion if there is any delay in receiving third party support that is outside of BIZpockit’s reasonable control.
  6. RESTRICTIONS
    1. You also agree not to, and will not assist, encourage, or enable others to:
      1. breach these Terms;
      2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, the Services, or the IP Rights, except as expressly authorized by BIZpockit;
      3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any IP Rights;
      4. Reverse engineer any portion of the Site or IP Rights;
      5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
      6. Reformat or frame any portion of the Site;
      7. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on BIZpockit's technology infrastructure or otherwise make excessive traffic demands of the Site;
      8. Attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site through hacking, password mining or any other means;
      9. Use the Site or any of the Services to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
      10. Use any device, software or routine that interferes with the proper working of the Site or Services, or otherwise attempt to interfere with the proper working of the Site or any of the Services;
      11. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any of the Services; or
      12. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site;
      13. use and/or commercially exploit the Services for any purpose other than as provided hereunder and in any way not explicitly permitted under the Terms or in a way which is considered by us as misuse or inappropriate use of the Services;
      14. transfer, distribute, reproduce, download, publish, disclose, disseminate, copy, emulate, assign, sublicense, sell, pledge, rent, lease, share or permit any third party to access the Services;
      15. reverse-engineer, decompile, disassemble, alter, enhance, improve, add to, delete from, make derivatives of, separate into component parts, or otherwise modify, or derive (or attempt to derive) the technology or source code underlying, the Services, or otherwise attempt to discover or recreate the source code of the Services, or any part or component thereof, provided in object code or source code format;
      16. interfere in any manner with the functionality of the Services or use them in any way that breaches any code of conduct, policy or other notice applicable to the Services;
      17. remove, alter, or obscure any proprietary notices (including copyright notices) in the Services;
      18. use the results of any benchmarking or testing of the Services or the services themselves for its own competing development activities;
      19. otherwise use the Services not in compliance with these Terms or in a way that adversely affects BIZpockit’s platform or services.
    2. The restrictions in clause 6.1 only apply to the extent permissible under Applicable Law. Nevertheless, you agree not to act contrary to them (even if permissible under Applicable Law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
  7. PRIVACY POLICIES
    1. Privacy
      1. You represent that you have read and understood our bizpockit.com/legal/privacy-policy.  We may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our Users, affiliates, or the public. If you use the Site outside of South Africa, you consent to having your personal data transferred to and processed in South Africa.
      2. Partner privacy Policies: You acknowledge that in order to provide the Services, data provided by you will also be processed by business partners of BIZpockit and such data may also be subject to the privacy policies of such partners.  BIZpockit shall use reasonable commercial endeavours to ensure that any privacy policies adopted by its BIZpockit partners, are substantially consistent with the privacy policies adopted by BIZpockit, provided that if there is any conflict between a privacy policy adopted by BIZpockit and a privacy policy adopted by a business partner of BIZpockit, then solely to the extent necessary to prevent any breach by BIZpockit of these Terms (including the privacy policy referenced herein), the privacy policy adopted by BIZpockit shall be deemed to be amended to be consistent with the privacy policy adopted by the business partner, unless same would conflict with Applicable Law.
      3. Deidentified Usage Data. You acknowledge that BIZpockit (or its business partners involved in the provision of the Services) may, through the Services, store certain data and information in connection with its routine operation which may be used by BIZpockit (or its partners) for the sole purpose of their internal use. Notwithstanding anything to the contrary in these Terms, You grant BIZpockit and each relevant business partner of BIZpockit, a non-exclusive, non-transferable, irrevocable, perpetual worldwide license to collect, store, process, analyze, transfer, display and otherwise use such data which has been de-identified, including in such manner that it cannot be used to identify, or otherwise understood to be related to, you, your personnel or your own customers, for the purpose of enhancement of the Services.
  8. SUBSCRIPTIONS
    1. Order Process
      1. You should regard nothing contained on this Site as an offer by BIZpockit to sell any products or services to you, but rather as an invitation for you to do business with BIZpockit.
      2. Any order for a Subscription that you place through the Site constitutes an offer by yourself to purchase a Subscription from BIZpockit in the manner contemplated further herein (“the Offer”).
      3. You may submit Offers via the Site at any time in the manner contemplated below.
      4. When making an Offer, you will be required to complete the entire checkout process with respect thereto (“the Checkout Process”), which Checkout Process shall include but not be limited to you:
        1. selecting the relevant Subscription Service; and
        2. providing BIZpockit with your credit card payment details; and
        3. reviewing the details of the entire Offer and confirming that same are correct.
      5. A binding agreement between yourself and BIZpockit in respect of any Offer will only be entered into at the stage at which BIZpockit receives the Offer and confirms its acceptance thereof to you (“the Order”). BIZpockit reserves the right to refuse to accept any Offer.
    2. Pricing of Subscriptions
      1. All prices of Subscriptions are in South African Rand values and are inclusive of value added tax (“VAT”), unless otherwise stated.
      2. The price payable by yourself for the Order will be the VAT inclusive amount reflected on the Site during the Checkout Process in respect of the purchase price of the Subscription.
    3. Payment of the purchase price in respect of a Subscription
      1. We are committed to providing secure online payment facilities.
      2. Payments are made through secure banking/payment gateways, which are not owned by BIZpockit or under BIZpockit’s control, and for which you acknowledge BIZpockit is not responsible in law. 
      3. It is your responsibility to make sure that you read the terms and conditions of such service providers prior to making payment.
      4. BIZpockit only supports credit card payments
      5. Payments by credit card may require certain additional information from you in order to authorise and/or verify the validity of payment. We reserve the right to withhold commencing any Subscription Services until such time as the additional information is received by us and authorisation is obtained for the amounts. Should we do not receive such authorisation, your Order for the Subscription will be cancelled.
      6. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Subscription.
      7. You may contact us via email at info@bizpockit.com to obtain a full record of your transaction. We will confirm your Order with you via email once your Order is placed with us and you have provided us with your email address.
    4. Access to the Subscription
      1. Subject to clause 8.4.2, no Subscription Services shall commence in respect of any Order until payment in full in respect of such Order has been received and verified by BIZpockit.
      2. If the applicable terms of the Subscription Service provided for recurring payments on a monthly basis, then:
        1. no Subscription Service shall commence in respect of any Order until payment in full of the first installment payable in respect of such Order has been received and verified by BIZpockit;
        2. your continued access to the Subscription Service shall be conditional on you continuing to make payment of the subsequent installments, as and when they fall due for payment.
      3. A Subscription Service purchased in terms of an Order will, for all purposes herein, be deemed to commence on the date and at the time the payment is received by BIZpockit as set out in clause 8.4.1 or 8.4.2.1, as the case may be.
      4. All amounts shall be paid by you without deduction or set-off whatsoever.
      5. You undertake to pay all amounts payable in connection with a Subscription Service ordered by you, on due date.
    5. Cancellation of Subscription
      1. Once an Offer has been accepted by us, same will not be capable of being cancelled and you will be held liable for the full value of the Order; provided that:
        1. you will be entitled to, in terms of section 44 of the ECT Act, cancel such Order within 7 (Seven) days after the date of access to the Subscription Services commencing; and
        2. nothing contained in clause 8.5.1 shall be construed as preventing you from terminating your Subscription Service in accordance with:
          1. the provisions of clause 8.6; or
          2. applicable law, including if the CPA applies to the transaction constituted by the Offer, in accordance with the provisions of the CPA, subject to our rights, if any, under the CPA in such circumstances.
      2. If you exercise your rights in terms of clause 8.5.1.1 above:
        1. the only charge that may be levied on you by BIZpockit is the direct cost of cancelling the Subscription (which direct cost shall, for the avoidance of any doubt, comprise the costs to BIZpockit of the cancellation of the Subscription); and
        2. if payment for the Subscription has been effected by you prior to your exercising the right referred to above, then you are entitled to a full refund of such payment, which refund must be made within 30 (Thirty) days of the date of cancellation.
    6. Subscription Features
      1. The additional services available to you will depend on the Subscription Service purchased by you as outlined at the time of purchase and as such Subscription Service is amended from time to time.
      2. If your Subscription provides for an annual fee payable in advance, then :
        1. your Subscription will endure for an indefinite period until terminated under clause 8.6.2.2;
        2. you may give notice of termination at any time but such termination shall only take effect at the end of the annual period during which such notice is given;
        3. your annual Subscription fee will be due and payable on each anniversary of the date on which your Subscription commenced;
        4. your annual Subscription fee, once paid, shall not be refundable for any reason, including where you give notice under clause 8.6.2.2 during the annual period to which the annual Subscription fee already paid by you relates.
      3. If your Subscription provides for only a monthly fee payable in advance, then :
        1. your Subscription will endure for an indefinite period until terminated under clause 8.6.3.2; and
        2. you may give 30 days’ notice of termination at any time.
      4. We may add or delete features to your Subscription Service at any time.  Your only remedy if you are unhappy with the changes made to your Subscription Service is to terminate your Subscription.
      5. We may discontinue any Subscription Service at any time on 30 days notice.  Your only remedy in such circumstances will be to receive a refund of any amounts paid by you in advance for any period after the Subscription Service was discontinued.  Such refund shall be determined on a pro rata basis determined with reference to the number of days in the month or in the year, as the case may be, that you paid for but did not receive the Subscription Service following discontinuation thereof.
      6. Changes in pricing applicable to Subscription Services will be given at least 7 days prior to the relevant increase date.
  9. CONFLICT WITH OTHER TERMS
    1. If you purchase any Subscription Services, then any specific terms and conditions incorporated into your order or invoice at the time of purchase will also apply (“Subscription Specific Terms”). In the event of any conflict between the Subscription Specific Terms and these Terms, the Subscription Specific Terms will prevail.
  10. SUGGESTIONS AND IMPROVEMENTS
    By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against BIZpockit and its Users any claims and assertions of any moral rights contained in such Feedback.
  11. THIRD PARTIES
    The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
  12. INDEMNITY
    You agree to indemnify, defend, and hold BIZpockit, its shareholders, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "BIZpockit Entities") harmless, including costs, liabilities and legal fees, on an attorney and own client scale, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site or Services, (ii) your violation of the Terms, (iii) any Services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BIZpockit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of BIZpockit. BIZpockit will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  The provisions of this clause shall constitute a stipulation for the benefit of each of the BIZpockit Entities, capable of acceptance by them at any time.
  13. DISCLAIMERS AND LIMITATIONS OF LIABILITY
    1. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BIZPOCKIT ENTITIES TO YOU. EACH OF THE SUBCLAUSES BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
    2. THE SITE AND SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. AS SUCH, YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE BIZPOCKIT ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE OR THE SERVICES, ITS SAFETY OR SECURITY. ACCORDINGLY, THE BIZPOCKIT ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
    3. THE BIZPOCKIT ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BIZPOCKIT ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
    4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
    5. THE BIZPOCKIT ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THE SERVICES OR THESE TERMS IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE BIZPOCKIT ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
    6. THE BIZPOCKIT ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
    7. THE PROVISIONS OF THIS CLAUSE SHALL CONSTITUTE A STIPULATION FOR THE BENEFIT OF EACH OF THE BIZPOCKIT ENTITIES, CAPABLE OF ACCEPTANCE BY THEM AT ANY TIME.
  14. CHOICE OF LAW AND VENUE
    The laws of the Republic of South Africa (“Applicable Law”) will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and BIZpockit (a "Claim"), without regard to conflict of law provisions. The courts of the Republic of South Africa shall have exclusive jurisdiction in relation to any Claim.
  15. TERMINATION
    1. Subject to clause 15.2, if you are a Registered User, you may terminate the agreement constituted by these Terms at any time by closing your account, discontinuing your use of the Site, and providing BIZpockit with a notice of termination info@bizpockit.com or in the billing section in Your BIZpockit dashboard.
    2. If you have subscribed for a Subscription Service, you may not terminate the agreement constituted by these Terms, until such Subscription Service has terminated or expired in accordance with terms and conditions applicable to it or has terminated in accordance with any other method of termination or cancellation referred to in these Terms or permitted in law.
    3. Please review our bizpockit.com/legal/privacy-policy for information about what we do with your account when terminated.
    4. Subject to Applicable Law, we may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind.  Any such action could prevent you from accessing your account, the Site and the Services.
    5. In the event of any termination of these Terms, whether by you or us, clauses 1, 5.5, 5.7, 6, 11 to 14 will continue in full force and effect.
  16. NOTICES
    1. We choose for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from the Terms at the physical address, fax numbers and email addresses set forth on the Site (domicilium citandi et executandi ("domicilium")).
    2. You choose as your domicilium the physical address and email addresses supplied by you when you registered as a User.
    3. Notices may be delivered by hand or communicated by email.  Unless the contrary is proved, any notice:
      1. any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery;
      2. any notice transmitted by email on a Business Day will be deemed to have been received on the same day of transmission.
    4. Either of us may by written notice to the other vary our domicilium to any other address in the Republic of South Africa which is not a post office box or poste restante (mail holding service), provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
    5. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
  17. GENERAL TERMS
    1. Except as otherwise stated in clause 12 and 13 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    2. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    3. Any failure on BIZpockit's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    4. Except as expressly provided to the contrary herein, each paragraph, clause, term, and provision of these Terms and any portion thereof shall be considered severable and if, for any reason any part of these Terms is held to be invalid, contrary to, or in conflict with any applicable present or future law, statute or regulation (including, without limitation, the CPA to the extent applicable) or in terms of a final, binding judgment issued by any Court, it shall not impair the operation of, or have any other effect upon, such other portions of these Terms as may remain otherwise intelligible, which remaining provisions shall continue to be given full force and effect and bind the parties hereto.
    5. No term or condition of these Terms is intended to breach any peremptory provisions of the CPA to the extent applicable ("Prohibited Provision").  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.4 mutatis mutandis. 
    6. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with BIZpockit's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    7. The clause headings in the Terms are for convenience only and have no legal or contractual effect.