Our Disclaimer

1.1

"We" or "us" means Yobi Code (Pty) Ltd - 2015/186650/07.

1.2

"Website" means our online platforms accessible through any electronic communication network, which are used to provide information, content, services and/or products.

1.3

"Personal Information" means information relating to an identifiable, living, natural person and, where it is applicable, an identifiable, existing juristic person, as defined in section 1 of the Protection of Personal Information Act 4 of 2013 ("POPIA").

3.1

Your use of the Website depends on factors beyond our control, such as the coverage or availability of your internet service provider. We do not warrant that the Website will be available uninterrupted or error free, and we may suspend access for maintenance, upgrade or security reasons.

3.2

An event beyond our control means any event we cannot reasonably control or prevent, including vis major and force majeure, such as load shedding, damage to telecommunications or data centre infrastructure we do not own, cyber attack on that infrastructure, failure of a third party hosting, cloud or connectivity provider, act of state, civil unrest or natural disaster. Our obligations are suspended while such an event continues, and we will take reasonable steps to restore access.

4.1

You use the Website and any online service on it at your own risk, and you are responsible for satisfying yourself that they are suitable for your purposes.

4.2

To the maximum extent permitted by law, we, our shareholders, directors, employees, agents, consultants and contractors are not liable for any indirect, special, incidental, consequential or punitive loss, or for any loss of profit, revenue, business, anticipated saving, data or goodwill, arising from your use of the Website, whether in contract, in delict or otherwise, and whether or not we were told that the loss was possible.

4.3

Subject to the liabilities we may not exclude in law, we are not responsible for any loss resulting from any technical problem, interruption, malfunction or downtime affecting the Website, our systems or any database; any problem affecting goods or services provided by another party, such as a telecommunications provider, internet service provider or electricity supplier; any decision you take or transaction you conclude with another party based on information on the Website; or any event beyond our control as described in the Access and Events Beyond Our Control provisions of this Disclaimer.

4.4

Nothing in this Disclaimer excludes or limits our liability for death or personal injury caused by our negligence; loss attributable to our gross negligence or that of anyone acting for us, which may not be excluded in terms of section 51(1)(c)(i) of the CPA; fraud, theft or intentional misconduct; harm for which we are liable in terms of section 61 of the CPA; or any other liability that may not be excluded in law. If you are a consumer as defined in the CPA, nothing in this Disclaimer limits or waives your rights under the CPA.

5.1

We process Personal Information in accordance with POPIA and our Privacy Statement, and we use cookies and similar technologies as described in our Cookie Policy. Both documents are published on the Website and form part of this Disclaimer.

5.2

We take appropriate, reasonable technical and organisational measures to protect Personal Information in our possession or under our control. The transmission of information over the internet is never completely secure, however, and we cannot guarantee the security of information you transmit to us. If your Personal Information is accessed or acquired by an unauthorised person, we will notify you and the Information Regulator in accordance with section 22 of POPIA.

5.3

Nothing in this Disclaimer limits or waives our obligations as a responsible party, or your rights as a data subject, under POPIA. Where we process Personal Information as an operator on behalf of a client, that processing is governed by our written agreement with that client and not by this Disclaimer.

6.1

The Website may include links to external websites, including links that open within the frame of the Website purely for ease of navigation. It is your responsibility to decide whether any service or product available through an external website is suitable for your purposes.

6.2

A link is not an endorsement of, sponsorship of, or affiliation with the linked website or its operator. We are not responsible for the operators of external websites, for any goods or services they supply, for the content of their websites, or for any infringement by them of a third party's intellectual property rights, and we give no warranty or representation in relation to any of these.

6.3

External websites operate under their own privacy policies. We do not control how they process Personal Information, and we encourage you to read those policies before submitting any Personal Information to them.

9.1

Where the Website offers a forum or other facility that allows you to post content, content posted by a user represents that user's views and not ours. You must not post content that is defamatory, obscene, threatening, abusive or discriminatory, that infringes any person's privacy or intellectual property rights, that contains another person's Personal Information without a lawful basis, that contains malicious code, or that is otherwise unlawful.

9.2

By posting content you consent to us accessing, reviewing, retaining, moderating and removing it, and you grant us a non-exclusive, royalty-free licence to use, store, reproduce, adapt and display it in order to operate and promote the Website. You warrant that you hold the rights necessary to grant that licence. We may remove or block content and suspend your access at our discretion and without prior notice. We do not intercept communications other than as permitted by the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.

9.3

We are under no general obligation to monitor content on the Website, as confirmed by section 78 of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"), and any moderation we carry out is not an undertaking to review all content.

9.4

If you believe content on the Website is unlawful or infringes your rights, you may send a take-down notification complying with section 77(1) of the ECT Act to our designated agent: The Information Officer, Yobi Code (Pty) Ltd, Address: 268 Kent Avenue, Ferndale, Randburg, 2192, Telephone: +27 (0) 12 012 5092, Email: popia@yobi.co.za. We will act expeditiously to investigate and if required, remove or disable access to the content concerned. A person who lodges a notification knowing that it materially misrepresents the facts may be liable for damages for wrongful take-down under section 77(2) of the ECT Act, and we are not liable for wrongful take-down in response to a notification. Removal is not an admission of liability.

10.1

We provide custom software development and related services. Nothing on the Website constitutes an offer, quotation, warranty or service level commitment. We provide services only in terms of a separate written agreement with the client concerned, which prevails over this Disclaimer in respect of those services. Except as set out in that agreement, we do not warrant that software we develop is free of defects or fit for any particular purpose. Software may incorporate third party or open source components licensed on their own terms, and ownership and licensing of software developed for a client is determined by that agreement.

10.2

We do not accept unsolicited ideas, concepts, designs, specifications, source code or business proposals in confidence. If you send us an unsolicited submission, we are under no obligation in respect of it and may use it without restriction or payment, unless we have signed a written non-disclosure agreement covering it. This does not apply to Personal Information in a submission, which we process in accordance with POPIA and our Privacy Statement.

12.1

We aim to make the Website reasonably accessible to users with disabilities, and we work towards the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty accessing any part of the Website, please contact us.

12.2

If a dispute arises, please raise it with us in writing first so that we can try to resolve it. If we cannot resolve it within 20 (twenty) business days, either of us may refer it to mediation under the rules of the Arbitration Foundation of Southern Africa. This does not prevent either of us from seeking urgent interim relief, and does not limit your right to complain to the Information Regulator, the National Consumer Commission or any other competent body.

12.3

This Disclaimer is governed by the law of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, and we may at our election institute proceedings in a Magistrate's Court having jurisdiction. This does not deprive you of any right to institute proceedings in another court that has jurisdiction.

12.4

If any provision of this Disclaimer is found to be invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue to apply. If any limitation or exclusion is found to be wider than the law permits, it applies to the maximum extent that the law does permit. Our failure to enforce any provision is not a waiver of it.