Acceptance of Terms
With effect from the date of registration, i-Fundi hereby grants to the subscriber the use and enjoyment of its Services.
The following are the complete Terms of Service for use of the i-Fundi Services. Please read these Terms of Service carefully. By registering with i-Fundi, you agree to be bound by these Terms of Service.
i-Fundi reserves the right to change the Terms of Service or policies regarding the use of the Service at any time. An updated version of the Terms of Service will be posted on the i-Fundi web site (http://www.i-fundi.com). You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration process and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or i-Fundi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, i-Fundi has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
"date of registration" - means when the subscriber registers; "service" - means any service as may be provided by i-Fundi in terms hereof; "subscription" - means any amount payable to i-Fundi as stated in this agreement and, where applicable, includes the monthly connection fee, usage fees, any interest outstanding, all current amounts due and amounts that must still become due.
Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not i-Fundi, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. i-Fundi does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will i-Fundi be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- communicate any Content that is unlawful, harmful, threatening, abusive, harassing, violent, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an i-Fundi employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- communicate any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' and i-Fundi.
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, provincial, national or international law.
- harass another; or
- collect or store personal data about other users.
You acknowledge that i-Fundi does not pre-screen Content, but that i-Fundi and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, i-Fundi and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by i-Fundi or submitted to i-Fundi.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Indemnity
You agree to indemnify and hold i-Fundi, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Modifications to Service
i-Fundi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that i-Fundi and/or its suppliers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimer of Warranties
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
You specifically agree that i-Fundi shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that i-Fundi is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that i-Fundi is not responsible for any Content sent using and/or included in the Service by any third party.
i-Fundi and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The service is provided "as is" without warranty of any kind. i-Fundi and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Limitation of Liability
You expressly understand and agree that i-Fundi 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 (even if i-Fundi has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (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 the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service.
Payment of Charges
The subscriber shall pay the subscription, charges and charge rates as set out in the standard price list applicable as at the effective date and subject to any increases or decreases.
The subscriber shall be invoiced for the monthly connection fee as set out in the price list in advance at the beginning of each month, and for usage fees as per the price list on a monthly basis on the last day of the month.
In the event that the subscriber fails to pay any amount which may become due by the subscriber to i-Fundi in terms hereof on the due date for such payment, then, without prejudice to any of the rights granted to i-Fundi in terms hereof:
- any such amount not paid on due date shall bear interest at the rate of 2% above the prime overdraft rate, calculated daily in advance as from the due date (both dates inclusive);
- i-Fundi shall be entitled to take all such further steps, without notice, as may be necessary to recover such monies from the subscriber, and/or to suspend the service to the subscriber until such time that the subscriber has fulfilled his/her obligations in terms hereof, or to terminate this agreement. The subscriber agrees that he/she shall pay all costs associated with the recovery of monies including legal fees on an attorney and client basis.
- i-Fundi shall give the subscriber 30 days notice of any increase or decrease in the rates set out in its standard price list should i-Fundi in its sole discretion elect to increase or decrease such rates, and the subscriber shall be bound to such adjustments. The adjustments in such amended standard price list shall take effect on the date of expiry of the written notice.
The subscription charges set out herein and all other payments due in terms hereof shall be paid free of exchange and without deduction or set-off by way of a direct debit order (drawn against the subscriber's nominated current banking account) in favour of i-Fundi's bankers, or in such other manner as i-Fundi may from time to time determine and at such address as i-Fundi may elect. The subscriber shall sign all such forms and do all such things as may be necessary to give effect to the foregoing.
The subscriber shall not be entitled during the currency of this agreement to withhold payment of any amount by reason of any alleged breach by i-Fundi. In addition the subscriber shall not be entitled to any setoff, discount, refund or other credit in respect of any unavailability of the service.
Breach
Should the subscriber be in default of any payment due in terms of this agreement or fail to observe and perform any of the other terms, conditions or obligations of this agreement, then i-Fundi shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, to do the following:
- claim immediate payment of all amounts payable in terms of this agreement, whether or not such amounts are due; and/or
- immediately suspend the services provided for in this agreement until such time that all such outstanding amounts have been paid; and/or
- immediately terminate this agreement, retain all monies already paid by the subscriber and to recover all legal costs, including costs on the attorney and client scale.
Indebtedness
The amount of the subscriber's indebtedness to i-Fundi and the fact that such indebtedness is due and payable shall be determined and proved by a certificate signed by i-Fundi (or by one of i-Fundi's directors, whose appointment, qualification and authority need not be proved).
The certificate shall be binding on the subscriber, be prima facie of the amount due, owing and payable by the subscriber to i-Fundi and shall be deemed to be a liquid document for the purpose of obtaining provisional sentence and/or any other judgement against the subscriber.
Cession and Delegation
The subscriber shall not cede any of his/her rights nor delegate any of his/her obligations hereunder.
i-Fundi shall be entitled to cede and transfer or delegate to any third party at its absolute discretion all or any of its rights or obligations under this agreement.
Jurisdiction
The subscriber hereby irrevocably consents to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by i-Fundi arising out of this agreement, provided that i-Fundi shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the subscriber consents to the jurisdiction of the said court.
Termination of Agreement
The agreement can be terminated with immediate effect by either party. Termination will not result in any refund by i-Fundi of pre-payments made to i-Fundi. On account of termination, no refund will be made and outstanding balances remain valid and have to be settled within 30 days of termination.