Terms of Use
Introduction
Please read these terms of use carefully. By accessing or using our platform and/or the services offered through it, you agree to be bound by the terms and conditions described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use our platform.
These terms of use (“Platform Terms”) apply to your use of our mobile apps, our Web site and any other digital channels through which you can use our services (“Platform”), and do not alter in any way the terms or conditions of any other agreement you may have with ServCraft Africa (Pty) Ltd. (“ServCraft”, “us”, “we”, “our”), our subsidiaries or affiliates. By using our Platform, you represent and warrant that you are over the age of 18 (or the age of majority in your country) and are lawfully able to accept these Platform Terms. If you are using the Platform on behalf of any entity, you further represent and warrant that you are authorised to accept these Platform Terms on such entity’s behalf, and that such entity agrees to indemnify ServCraft for violations of these Platform Terms.
Privacy Policy
We are committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information. The terms of our Privacy Policy (as amended from time to time) are incorporated herein by this reference.
Intellectual Property
You acknowledge that our Platform and the services that we make available through it (“Services”) are owned by, and all intellectual property rights therein vest in, ServCraft, our licensors, integration partners, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on our Platform, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, user interface elements, software, and the selection and arrangement thereof (“Platform Content”), as well as all Services made available through the Platform are owned by ServCraft, our licensors, integration partners, advertisers or third-party service or content providers (as applicable).
All elements of the Platform, including the Platform Content, as well as the Services, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. Without limiting the generality of the foregoing, you may not claim intellectual or exclusive ownership to any of our Services, modified or unmodified.
We reserve the right at any time to change or discontinue, without notice, any aspect or feature of the Platform or the Services.
Use of the Platform
Our Platform and the Platform Content are intended for ServCraft’s users. You may not use our Platform or the Platform Content for any purpose not related to your access to and use of the Services.
You are specifically prohibited from: (i) printing, downloading, copying, adapting or re-transmitting any or all of the Platform or the Platform Content without, or in violation of, a written licence or agreement with us; (ii) using any data-mining, robots or similar data-gathering or extraction methods; (iii) manipulating, displaying or otherwise re-publishing the Platform or the Platform Content by using framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any of our Services if you are not expressly authorised by such party to do so; and (v) using the Platform, the Platform Content or the Services other than for their intended purpose. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, the country from which you export the data or the country in which you reside.
Trademarks
Our logos and any other mark, product or service name or slogan contained in the Platform are registered or unregistered trademarks of ServCraft and our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of ServCraft or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising “ServCraft”, “StringTheory” or any other name, trademark or product or service name of ServCraft or our affiliates without our prior written permission. In addition, the look and feel of the Platform is the service mark, trademark and/or trade dress of ServCraft and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos displayed in the Platform are the property of their respective owners. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links
You may not use a ServCraft logo or other proprietary graphic of ServCraft to link to our Platform (or any other platform, site or service) without our express written permission.
We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party platforms, services or Web sites accessible by hyperlink from the Platform, or platforms, services or Web sites linking to the Platform. Such third-party properties are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Platform, you should be aware that ServCraft’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform.
Your participation, correspondence or business dealings with any third party found on or through the Platform, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration and Account Security
Registration on the Platform is required to make use of certain features of the Platform, in particular the access to and use of the Services. By registering on the Platform, you consent to our use of the information provided by yourself on the registration form and user dashboard (“Account Information”) for the purpose of delivering the Services and in accordance with our Privacy Policy.
We reserve the right to suspend or cancel your account at any time or to refuse account applications for any reason that we, in our sole and absolute discretion, deem appropriate, including, without limitation: (i) providing false, inaccurate, outdated, incomplete or inappropriate Account Information, (ii) defaulting on the payment of any Fees, (iii) it coming to the attention of ServCraft that you are a minor or are otherwise not permitted or authorised to use the Platform or to register thereon, (iv) any attempt to defraud ServCraft or other users or accountholders or to make untrue, defamatory or malicious comments about ServCraft or other users or accountholders, and (v) any violation of these Platform Terms or any applicable laws or regulations.
You are required to inform us immediately of any change to your Account Information by updating it on the Platform or by informing us by e-mail if this fails. You indemnify and hold harmless ServCraft, our subsidiaries, affiliates, licensors, employees and agents against any loss or damage that may arise from the reliance by ServCraft, another user of the Platform or any other third party on your Account Information.
You agree to: (i) maintain the security of your account credentials; (ii) notify ServCraft immediately of any unauthorised use of your account or other breach of security; (iii) accept all responsibility for any and all activities that occur under your account; and (iv) accept all risks of unauthorised access to the Account Information and any other information you provide. You hereby indemnify and hold ServCraft harmless for any liability or damage that may arise as a result of the compromise of your account’s security.
Information Use
You agree, subject to our Privacy Policy, to our use, storage and disclosure of your Account Information, personal information and any other information you may provide to us directly or authorise us to access through a third party for the following purposes:
- We will use such information for providing the Services, exercising our rights and for performing our legal obligations under these Platform Terms. We may also use it to contact you, to conduct research about our customers and to track and record the manner in which you use Services, the Platform Content and the Platform. Contact may be made via our third-party contractors or affiliates. You acknowledge that there is certain information that we must use in order to be able to provide the Services. If, for any reason, we are not permitted to use such information, we may not be able to perform our obligations under these Platform Terms. You acknowledge that, in such circumstances, you will still be obliged to pay our Fees.
- We will only use such information to the extent necessary for us to provide the Services, for performing our rights and obligations under these Platform Terms and for performing our legal obligations hereunder. We acknowledge that such information is your proprietary and confidential data and that under no circumstances may we exploit that data for our own purposes not specifically relating to providing you the Services, save where you have consented to the contrary.
- The information which you submit and store via the Platform may be stored on computer servers, which servers may be controlled, hosted and managed by our service providers, affiliates or third-party contractors, both in South Africa and any other country in which we or such parties maintain facilities, who will be bound to these confidentiality and privacy provisions.
- We will disclose such information and other relevant information to our service providers, affiliates and third-party contractors who assist us to provide the Services and the Platform, who will be bound to these confidentiality and privacy provisions.
- We may access and use non-identifying and aggregated usage information and transaction volumes in order to better understand how our customers are using the Services and the Platform, so we can improve the system design and, where appropriate, have the system prompt users with suggestions on ways to improve their own use of the system.
Services and End-User Licence
You can purchase a subscription to access and use the Services by following the relevant steps on the Platform and/or the third-party app marketplace where you obtained our mobile app. Should you subscribe to use the Services (whether prior to or after the expiry of any free trial period), you will be bound for the full duration of the subscription period selected. You can also purchase add-ons and value-added services (including, without limitation, SMS bundles and additional storage capacity) by following the relevant steps on the Platform.
Subject to payment of the applicable Fees, ServCraft grants you a non-exclusive and non-assignable licence to (i) access and use the Services and Platform Content strictly via the Platform, and (ii) use the Services in respect of which payment has been made, including any updates thereto, as made available through the Platform from time to time, strictly in accordance with these Platform Terms.
By accessing and/or using the Services or the Platform Content, you (i) accept the licence granted to you above, (ii) are authorised to use the Services and Platform Content only for the purposes for which they have been provided; (iii) acknowledge that you obtain no rights of ownership of the Services or the Platform Content whatsoever; and (iv) agree that you will not grant any unauthorised third party direct access to the Platform, Services or the Platform Content.
Except as expressly permitted by these Platform Terms, or by separate written arrangement with us, you agree not to, and agree to ensure that no other party permits any other person, directly or indirectly, to, access, use or otherwise exploit the right and ability to use the Services or Platform Content in any way, including by permitting it to be either (i) re-sold, distributed, sublicensed, loaned, transferred or provided to others in a similar way; or (ii) used as a hosted, bureau, outsourcing, application service provider or similar service, or to use or copy (irrespective of the extent of copying) the whole or any part of the user interface of the Platform Content, Services or the Platform for incorporation into or the development of any software or other product or technology.
When accessing and using the Services, the Platform Content or the Platform, you must not: (i) attempt to undermine the security or integrity of ServCraft’s computing systems or networks or, where the Services, the Platform Content or the Platform are hosted by a third party, that third party’s computing systems and networks; (ii) use, or misuse, the Services, the Platform Content or the Platform in any way which may impair the functionality thereof, or may impair the ability of any other user to use it; (iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services, the Platform Content or the Platform is hosted; (iv) modify, translate, or create derivative works based on the Services, the Platform Content or the Platform, nor reproduce, reverse assemble, decompile or reverse-engineer the Services, the Platform Content or the Platform, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the Services, the Platform Content or the Platform or any files contained in or generated by the Services, the Platform Content or the Platform, nor may you permit any third party to do so; (v) merge or combine the whole or any part of the Services, the Platform Content or the Platform with any other software or documentation without the prior written consent of ServCraft; or (vi) remove, delete or obscure any copyright, trademark or other marks or proprietary notices associated with or generated by the Services or the Platform Content.
We will use reasonable endeavours to keep the Services available at all times. However, you agree that we will not be liable to you or any other person whatsoever in respect of any loss or damages caused by or arising from the unavailability of, or any interruption in, the Services for any reason whatsoever. We will use our best endeavours to notify you of any maintenance and repairs which may result in the Services being unavailable, but do not warrant that such notice will be given in advance, especially in the case of unplanned maintenance or repairs.
Fees
In return for access to and use of the Services, certain fees are payable from time to time (“Fees”). Fees in respect of the purchase of add-ons and value-added services will be payable upon successful completion of a transaction on the Platform, and will cover the use of the purchased add-ons or value-added services only. Fees in respect of subscription Services will be charged in advance on the day you sign up for a paid Service and cover the use of the Service for the subscription period indicated.
We will notify you of the date on which your subscription expires reasonably in advance of its expiration date, and advise you of the Fees payable in respect of its renewal. Should you elect to (i) renew your subscription, the applicable Fees, as notified, will be payable on the same terms as your initial subscription, or (ii) cancel the subscription, your subscription will automatically terminate on its expiry date. If you fail to make an election as aforesaid, your subscription will be automatically renewed on the same basis, subject to payment of the appropriate Fees. To the extent permitted by applicable law, Fees paid in advance for Services are not refundable.
You undertake to pay any and all such Fees at the prevailing rates prescribed by us (which may be varied from time to time on reasonable notice to you at our sole discretion) timeously and in full, without set-off or deduction for any reason whatsoever. Furthermore, you agree not to take any steps to circumvent your liability for payment of any such Fees.
In the case where, for any reason, your account falls into arrears and the Fees due to us are not up to date, we reserve the right, at our sole discretion, with or without notice to you, to limit or restrict your access to the Platform and/or the Services, which may include providing you with reduced functionality or suspending your account. Accounts that remain in arrears for a prolonged period or that have been cancelled may be deleted and all of your data permanently removed from our systems.
We reserve the right at any time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. Fees in respect of Services, including but not limited to subscription plan fees, are subject to change upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the Platform.
We do not automatically provide you with invoices in respect of any Fees paid to us, however, if you require a record of your transaction(s) made on the Platform, you can contact us within 7 (seven) days of such transaction and request a copy of such record. [Note: The Electronic Communications and Transaction Act requires that a consumer be provided with information relating to the manner and period within which consumers can access and maintain a full record of the transaction. Either invoices must be provided, records should be made available on request, or this should be made available to a consumer by logging into his account (transaction history)]
The third-party payment gateways used by the Platform are encrypted and PCI compliant and transmissions are encrypted.
Fair Use Policy
ServCraft provides multi-tenanted SaaS solutions and is dedicated to delivering an optimal user experience while maintaining a straightforward and transparent subscription pricing model. We prioritise clarity and don't engage in hidden charges or upsells for storage and other services.
While our Subscription Fees include generous data storage, we understand that some customers may process significantly higher volumes of data or store exceptionally large attachments within the integrated document management system. To accommodate such cases, we offer fair use data entitlement levels stated in our Usage Agreement.
This approach ensures that customers who use the system as intended, with efficient file sizes for attachments, will not be burdened with unnecessary costs. To maintain this fair use policy, we closely monitor technical usage.
We regularly assess the scope of fair use, taking into account contractual agreements, usage patterns of all ServCraft users, technical advancements, volumes of emails sent and the current costs of data storage. We may adjust these values when a reasonable cause arises. As technology evolves and cloud storage becomes more cost-effective, we anticipate adjusting data limits and email volumes to manage costs.
Should your organisation exceed our Fair Usage data limits, we will promptly inform you and allow sufficient time to resolve the issue before any changes impact your costs or usage.
In cases where unusual activity is detected in your ServCraft environment, we will contact you to discuss the situation and provide reasonable time to address it or explore alternative solutions. If the situation persists, we will offer clear options to upgrade available storage and bandwidth. Alternatively, we may discuss isolating your system temporarily or permanently from other multi-tenanted users.
However, large file attachments, such as high-resolution scanned documents, can significantly impact storage needs. It's essential to be mindful of file sizes to avoid excessive consumption. If needed, you can request the size of your data storage from our service desk and explore options like purging previous years' data or utilising our clean-up service.
If your usage continues to negatively impact other users or creates disproportionate costs, we may, after due consultation, consider isolating your services from the multi-tenanted environment. We will always discuss possible solutions before taking any action.
ServCraft is committed to providing exceptional service to all customers, and our Fair Use Policy helps us achieve this goal while ensuring a fair and equitable experience for everyone.
Interactive Areas
The Platform may include interactive areas or services, including, without limitation, customer zones, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you, registered Platform members or third parties create, post or store any information, content, messages, comments, materials or other items on the Platform (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, download, transmit, distribute, store, create or otherwise publish through the Platform any of the following:
- Any message, comment, data, document, file, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, in breach of an obligation of confidentiality, fraudulent or otherwise objectionable or that you know or have reason to believe is incorrect, inaccurate, misleading or outdated;
- User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- User Content that constitutes spam, is machine- or randomly-generated, that contains unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, to further unlawful acts (e.g., phishing) or to mislead recipients as to the source of the material (e.g., spoofing);
- Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, identity numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Platform, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or continuous posting of repetitive text), or which may expose us or our users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, ServCraft is not liable for any statements, representations or User Content provided by our users in any public forum, personal home page or other Interactive Area.
Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, and no User Content is endorsed, reviewed or approved by us, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Platform at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Platform at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Platform in violation of the foregoing violates these Platform Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Platform. You acknowledge and agree that we may access, use or disclose any information about you or your use of our Platform, including, without limitation, any User Content to comply with the law or any legal process; protect and defend our rights or property; or to protect the safety of our company, employees, customers or the public.
If you delete any of your User Content, we will use reasonable efforts to remove it from the Platform, but you acknowledge that such deleted User Content (or references to it) may persist due to caching and may, therefore, not immediately be made unavailable.
Warranties and Undertakings
You undertake to conduct all dealings with ServCraft and with other users of the Platform with the utmost good faith and in accordance with all applicable laws.
You represent and warrant that all information you supply to the Platform (including, without limitation, your Account Information) is truthful, accurate and up to date and you undertake to update your Account Information if at any time they become misleading, inaccurate, outdated, inappropriate or unlawful.
Indemnification
You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, sponsors, third-party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your registration or use of the Platform, the Services, any User Content that you post, store or otherwise transmit on or through the Platform or any third-party User Content on which you may rely, your conduct, your use of or inability to use the Platform or the Services, your failure to perform any of your obligations in terms of the Platform Terms, your breach or alleged breach of the Platform Terms or of any representation or warranty contained herein, your unauthorised use of the Platform Content, or your violation of any rights of another.
Disclaimer
The Platform, the Services, the Platform Content and the User Content are provided “as is” and we and our directors, members, employees, integration partners, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of the Platform, the Services, the Platform Content or the User Content, or the unavailability of the same, including, but not limited to, business interruption, loss of business information, loss of data, loss of profits and any direct, indirect, incidental, punitive, special or consequential damages. The functions embodied on or in the materials of the Platform or the Services are not warranted to be uninterrupted or without error. You, not us, assume the entire cost of all necessary servicing, repair or correction due to your use of the Platform, the Services, the Platform Content or the User Content. We make no warranty that the Platform, the Services, the Platform Content or User Content are free from infection by viruses or anything else that has contaminating or destructive properties.
We use reasonable efforts to ensure the accuracy, correctness and reliability of the Platform Content, but we make no representations or warranties as to the Platform Content’s accuracy, adequacy, correctness, quality or reliability. You bear all risks from any use or results of using any information, the Platform Content or the Services and are solely responsible for validating the integrity of any information received from the Platform, the Platform Content and the Services.
We have no direct control over User Content, make no representations or warranties whatsoever in respect thereof and expressly disclaim any liability in connection therewith.
Limitation of Liability
In no event shall we, our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, delict/tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of the Platform, the Services, the Platform Content, the User Content or the materials contained in or accessed through the Platform, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to ServCraft’s records, programs or services.
We shall not be liable to you or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from any of the following circumstances, and you hereby expressly indemnify ServCraft against any claims in respect of such loss or damage resulting from or related to your use of or inability to use the Platform, the Services, the Platform Content or the User Content: (i) any fact or circumstance beyond our reasonable control; (ii) any breakdown in the service provided by any cloud service or Internet service provider; (iii) the performance or unavailability of the Platform, or any other platform, app, Web site or database to which it is connected; (iv) any suspension or interruption in the provision of access to the Platform or the Services; (v) any breach of privacy or security by any person or entity; (vi) the loss, damage, destruction, theft, contamination or corruption of any data, Account Information or content accessible by means of the Platform; (vii) the preservation and integrity of any text or any other form of data, Account Information or Platform Content which is contained on or accessible from the Platform; (viii) any publication or use of any Account Information, Platform Content or data contained on or accessible from the Platform; or (ix) your access to the Internet or the Platform.
In no event shall our aggregate liability, whether in contract, warranty, delict/tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Platform exceed any Fees you pay, if any, to us for access to or use of the Platform and/or the Services.
Statutory Rights and Disclosures
You may have additional rights under your local laws that these Platform Terms cannot change. In such event, these Platform Terms are to be interpreted in such a way so as not to negate those rights. By law, ServCraft is required to disclose the following information to you as a consumer:
- ServCraft is a private company registered in terms of the laws of the Republic of South Africa with registration number 2018/570523/07.
- ServCraft’s physical address is 208 Sherwood House, Greenacres Office Park, corner Victory and Rustenburg Roads, Victory Park, Randburg, 2195, Gauteng, South Africa, at which address ServCraft will receive legal service of documents.
- You may contact ServCraft through our Web site (https://www.servcraft.co.za/) or via e-mail at support@servcraft.co.za.
You are entitled to cancel, without reason and without penalty, any transaction for the supply of the Services within 7 (seven) days from the date on which you sign up for such Services, in which event we will refund you in full within 30 (thirty) days of such cancellation. [Note: This is in terms of the Electronic Communications and Transactions Act]
Dispute Resolution and Governing Law
These Platform Terms are governed by and will be interpreted according to the laws of the Republic of South Africa, and all disputes, claims and other matters in connection with these Platform Terms will be determined in accordance with such laws.
Any dispute relating in any way to your use of the Platform, the Services or the Platform Content will be submitted to confidential arbitration to be held in Johannesburg under the rules of the Arbitration Foundation of Southern Africa (or its successor in title), to which arbitration you hereby consent; except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek interdictory, injunctive or other appropriate relief in any applicable court in the Republic of South Africa, and you consent to exclusive jurisdiction and venue of such courts.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Platform Terms may be joined to an arbitration involving any other party subject to the Platform Terms, whether through class arbitration proceedings or otherwise.
Termination
Notwithstanding any of these Platform Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to restrict or block your use of the Platform.
Miscellaneous Provisions
These Platform Terms (as varied from time to time in accordance with the “Changes to Platform Terms” section below) constitute the sole record of the agreement between you and us in relation to your use of the Platform and the Services. Neither you nor ServCraft will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated, these Platform Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Platform and the Services. Notwithstanding the foregoing, our licensors, integration partners, advertisers or third-party content providers may be granted access to the Platform by virtue of a separate written agreement with ServCraft. If this applies to you, these Platform Terms must be read in conjunction with such agreement, which takes precedence over these Platform Terms in the event of any conflict.
Failure or neglect by us to enforce at any time any of the provisions of the Platform Terms may not be construed as a waiver of our rights. Any waiver of any provision of the Platform Terms will be effective only if in writing and signed by us.
If any provision of these Platform Terms is found to be unenforceable, wherever possible this will not affect any other provision and each will remain in full force and effect.
Any rights not expressly granted herein are reserved.
Changes to Platform Terms
ServCraft reserves the right to change any of the terms and conditions contained in the Platform Terms or any policy or guideline of the Platform at any time and in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Platform Terms. If there are material changes to these Platform Terms, we will notify you by prominently posting a notice of such changes on our Platform or by sending you an e-mail. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Platform Terms whenever you visit our Platform.
Contact Information
Questions or comments about the Platform or Platform Terms may be directed to ServCraft at support@servcraft.co.za.