Terms and Conditions of Use

1. ACCEPTANCE OF TERMS

These Terms and Conditions (the “Terms”) govern the relationship between you and Trusted Sources (Pty) Ltd, a legal entity incorporated under the laws of the Republic of South Africa, (“we”, “us”, “our”, or the “Company”) regarding your use of the Company’s website and other services (the “Website” or the “Service”), including all textual, graphic, video, music, software, and other content available through the Service (the “Content”). Your access and use of the Service constitute your agreement to be bound by these Terms, which establish a legally binding contractual relationship between you and the Company.

PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Unless otherwise expressly provided herein, we will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.

THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 6), LIMITATION OF LIABILITY (SECTION 7), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE AND THE SERVICE.

2. IMPORTANT DISCLAIMERS

WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.

3. SERVICE

When you use the Service, you represent and warrant to the Company that: (i) All required information you submit is truthful and accurate; (ii) Your use of the Service does not violate any applicable law or regulation or these Terms.

The Company reserves the right to suspend or terminate your use of the Service or your access to the Service in the event that you breach these Terms. The Service may be modified, updated, interrupted, or suspended at any time without notice to you or our liability. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges). We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice.

You acknowledge that a variety of Company’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services. Your access to and use of the Service is at your own risk. To the extent permitted by law, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company’s sole discretion.

4. THIRD-PARTY ADS, INTELLECTUAL PROPERTY, USER CONTENT

The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third-Party Ads”). Such Third-Party Ads are not under the control of the Company and the Company is not responsible for any Third-Party Ads. The Company provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by Third-Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third-party site, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser. You hereby release us, our officers, employees, agents, and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Service, or any Third-Party Ads.

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes. You agree, represent, and warrant that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (including the Content and excluding any User Content (as defined below)) are proprietary to us or to third parties. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

The information you submit to us and any data, text, and other material that you may submit to the Service (“User Content”) remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of the User Content and use it as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display, and perform the User Content in connection with the Service. Each user of the Service is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content, and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

5. USER REPRESENTATIONS AND RESTRICTIONS

By using the Service, you represent and warrant that:

  • Legal Capacity: You have the legal capacity to enter into these Terms and agree to comply with them.
  • Age Requirement: You are not under the age of 18.
  • Automated Access: You will not access the Service through automated or non-human means, including bots or scripts.
  • Legal Use: You will not use the Service for any illegal or unauthorized purpose.
  • Geographical Restrictions: You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country. You are also not listed on any U.S. government list of prohibited or restricted parties.
  • Compliance with Law: Your use of the Service will not violate any applicable laws or regulations.

You agree not to:

  • Data Retrieval: Systematically retrieve data or content from the Service to create or compile a collection, compilation, database, or directory without written permission from us.
  • Unauthorized Use: Make unauthorized use of the Service.
  • Modification: Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service.
  • Commercial Use: Use the Service for revenue-generating endeavors or commercial enterprises not specifically endorsed or approved by us.
  • Network Access: Make the Service available over a network or other environment allowing access by multiple devices or users simultaneously.
  • Competitive Products: Use the Service to create products or services that compete with or substitute for the Service.
  • Proprietary Information: Use any proprietary information or our intellectual property in the design or development of applications or devices for use with the Service.
  • Security Circumvention: Circumvent, disable, or interfere with security features of the Service.
  • Framing and Linking: Engage in unauthorized framing or linking to the Service.
  • Disruption: Interfere with or create an undue burden on the Service or its connected networks.
  • Reverse Engineering: Decompile, disassemble, or reverse engineer any software comprising part of the Service.
  • Bypassing Restrictions: Attempt to bypass any measures designed to prevent or restrict access to the Service.
  • Harmful Software: Upload or distribute files containing viruses or other harmful software.
  • Automated Systems: Use or develop automated systems to access the Service.
  • Unsolicited Emails: Use the Service to send automated queries or unsolicited commercial emails.
  • Defamation: Disparage or harm us or the Service.
  • Legal Compliance: Use the Service in a manner inconsistent with applicable laws or regulations.
  • Term Violation: Otherwise infringe these Terms.

6. DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING THE WEBSITE, CONTENT, AND OTHER ASPECTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WE DO NOT WARRANT THAT:

  • Accuracy and Reliability: THE SERVICE, CONTENT, OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, OR RELIABLE.
  • Security: THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE.
  • Error Correction: ANY DEFECTS OR ERRORS WILL BE CORRECTED.
  • Virus-Free: THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • Results: ANY RESULT OR OUTCOME CAN BE ACHIEVED.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE (OR OUR AFFILIATES) BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO USD 100. THESE LIMITATIONS ARE FUNDAMENTAL TO THE TERMS BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS MAY NOT APPLY TO YOU.

8. INDEMNITY

You agree to indemnify and hold harmless the Company, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, partners, and their respective officers, directors, employees, agents, and representatives from any claims or demands made by any third party due to or arising out of:

  • Your Use of the Service.
  • Your User Content.
  • Your Violation of These Terms.

We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us and will cooperate with our defense. You may not settle any matter without our prior written consent. We will make reasonable efforts to notify you of any such claims upon becoming aware of them.

9. INTERNATIONAL USE

The Service may not be accessible or legally available in all jurisdictions. You access and use the Service at your own initiative and are responsible for compliance with local laws.

10. GOVERNING LAW

These Terms and your use of the Service are governed by the laws of the Republic of South Africa, excluding its conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be settled by the proper courts of the Republic of South Africa. Proceedings shall be conducted in English.

11. MISCELLANEOUS PROVISIONS

  • No Waiver: No delay or omission by us in exercising any right will impair any such right or be construed as a waiver thereof.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, it will be reformed to be valid and enforceable while reflecting the parties’ intent.
  • Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.
  • Assignment: We may transfer or assign any rights and obligations under these Terms to any person or entity. You consent to such assignment by accepting these Terms.
  • Electronic Communication: All information communicated via the Service is considered electronic communication. You agree to receive communications electronically, which shall be equivalent to written communication.

12. CONTACT

For any notices or questions regarding the Service, contact us at: [email protected]

Effective as of: 01/01/2024