Terms & conditions

1. Definitions

 

1.1 “Applications” means, including but not limited to, online forms, notes, images, creative materials, ideas, suggestions, concepts, communication including any data, questions, comments and other information submitted on the INSPIREDEX (PTY) LTD website via transmission by electronic forms, mail or otherwise;

1.2 “annual return” means an annual return provided for in terms of section 173 of the Companies Act, 1973 (Act No. 61 of 1973), Close Corporations Act No 69 of 1984 and the Companies Act, No 71 of 2008;

1.3 “B-BBEE” means broad-based black economic empowerment act of 2003

1.4 “B-BBEE Codes” mean codes of good practice provided for in terms of section 9 of broad-based black economic empowerment act of 2003.

1.5 “browser” means a computer program which allows a person to surf the internet and access websites;

1.6 “Bank Account” means the bank account held by INSPIREDEX (PTY) LTD or INSPIRED MENTORS INC or INSIREDEX at First National Bank or any other bank;

1.7 “INSPIREDEX (PTY) LTD website” means all the sites on the World Wide Web controlled by INSPIREDEX (PTY) LTD, INSPIRED MENTORS INC AND INSPIREDEX (PTY) LTD;

1.8 “content” means, include but not limited to, software and material;

1.9“client” means a visitor who –

1.9.1 is registered with the INSPIREDEX (PTY) LTD via the “ Client Registration“ facility on the INSPIREDEX (PTY) LTD website; walk-in mobile offices, kiosks and branches; and

1.9.2 transacts with INSPIREDEX (PTY) LTD via the INSPIREDEX (PTY) LTD’s website.

1.10 “data” means electronic and manual representations of information in any form;

1.11 “discontinue service” means the withdrawal of the offering or functionality of a service in part or in total;

1.12 “ECT” means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

1.13 “fee” means a fee which is indicated on the INSPIREDEX (PTY) LTD website. Provided that in the event of a possible discrepancy between fees quoted due to possible human or software error, the fee concerned as stipulated will prevail;

1.14 “forums” means, including but not limited to, social network groups, bulletin boards, chat rooms and other public areas found on the INSPIREDEX (PTY) LTD website;

1.15 “material” means, including but not limited to, text, submissions, images, audio and/or video in whole or in part;

1.16 “service” includes but not limited to, the disclosing of information or lodgment of an application or preparation of B-BBEE certificate or Share certificate for which a fee is payable;

1.17 “software” means, including but not limited to, any images or files incorporated in or generated by the software or data accompanying such software whether on the web or on standalone computers own by INSPIREDEX (PTY) LTD;

1.18 “visitor” means a person who uses and/or accesses computer software and/or material via the INSPIREDEX (PTY) LTD website.

1.19 “internet use” means both external clients and internal officials who have access and use internet facilities;

1.20 “privacy statement” indicates how INSPIREDEX (PTY) LTD will respect the privacy of its website users and their information treating it as private and confidential.


 

2. Service conditions and delivery

2.1 A service is available anywhere in the world with the following provisions:

2.1.1 the INSPIREDEX (PTY) LTD website is accessible;

2.1.2 the Paygate and any other payment gateway can process the card transaction, Electronic Funds Transaction; or First National Bank or any other bank can process cell phone banking transaction to our bank accounts as defined, and

2.1.3 the method of delivery is online, to an email address or collected from our branches, mobile offices, our agents or by post;

2.2 INSPIREDEX (PTY) LTD strives to make the INSPIREDEX (PTY) LTD website available 7 days a week and 24 hours per day but there are interdependencies and events outside of INSPIREDEX (PTY) LTD’s control that may impact website availability;

2.3 B-BBEE Certificates and Share Certificates are online Applications that require no intervention from INSPIREDEX (PTY) LTD staff and can be completed at any time when the INSPIREDEX (PTY) LTD website is available and full payment is received;

2.4 Applications that require intervention by INSPIREDEX (PTY) LTD staff may also be submitted at any time that the INSPIREDEX (PTY) LTD website is available, but internal processing will only be performed inside INSPIREDEX (PTY) LTD Office Hours, Monday to Thursday 08:00 to 16:30 and Fridays 08:00 to 15:30, excluding public holidays, the period between Christmas and New Year and other periods of Office Closure as may be announced from time to time.

2.5 All services rendered by INSPIREDEX (PTY) LTD are VAT inclusive where applicable.

2.6 The delivery mechanism and delivery events are as follows:

2.6.1 All service applications done on the website will be completed electronically completion;

2.6.2 INSPIREDEX (PTY) LTD will attempt to send an email containing the result of an electronically completed form (PDF and or image format) to the client if a correct email was provided;

2.6.3 INSPIREDEX (PTY) LTD reserves the right to – introduce new services or discontinue services with-out prior notice to any third party;

2.6.4 to restrict services rendered over the Internet to selected clients or selected groups of clients or agents and refrain from making certain services available on the Internet at its sole discretion without prior notice to a visitor or client.


 

3. Hyperlinks, framing, spiders and crawlers

No person, business or website may –

a. link to any page on this site without the prior written permission of INSPIREDEX (PTY) LTD;

b. frame this site or any of the pages on this site in any way whatsoever; or

c. use any technology to search and gain any information from this site without the prior written permission of INSPIREDEX (PTY) LTD.


 

4. Intellectual Property and restrictions on use

a. The INSPIREDEX (PTY) LTD website consists of content which is derived entirely or in part from content supplied by INSPIREDEX (PTY) LTD.

b. The content referred to in subparagraph (1) is protected under applicable South African Intellectual Property Acts, Regulations and International Treaties and Conventions.

c. A visitor or client, may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material.

d. Except in so far as a visitor or client may download one copy of the content on any single computer for such visitor’s or client’s personal, non-commercial home use only: Provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent from INSPIREDEX (PTY) LTD has been obtained.

e. Requests for permission regarding use of any contents which fall into the ambit of the limitations stated above can be made by contacting INSPIREDEX (PTY) LTD in writing at:

105 Ancore Centre, 85 Jeppe Street, Sunnyside, Pretoria, 0002

f. A visitor or client is also strictly prohibited from creating works, and/or software materials derived from or which are based on the contents found on this site.

g. The prohibition referred to in subparagraph (6) applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.

h. The website contains material which is owned by or licensed to INSPIREDEX (PTY) LTD. This material includes but is not limited to, the content, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions.

i. All trademarks reproduced on the INSPIREDEX (PTY) LTD website, which are not the property of, or licensed to INSPIREDEX (PTY) LTD, are acknowledged on the website.

 5. Access and availability of service and links

a. INSPIREDEX (PTY) LTD contains links to other related Internet sites.

b. No inference can be made or representation implied that INSPIREDEX (PTY) LTD is connected with, operates or controls these linked websites.

c. Whether or not these linked sites are in fact affiliated with INSPIREDEX (PTY) LTD, INSPIREDEX (PTY) LTD is not responsible for the content on the aforesaid sites.

d. The linked sites are for a visitor’s or client’s convenience only and such visitor’s or client’s access thereto is at his/her own risk.

e. When visiting linked sites a visitor or client must refer to that linked site’s individual terms of use and cannot rely on the terms of this agreement.

6. Submissions / bulletin boards

a. Any submissions shall be deemed to be and remain the exclusive property of INSPIREDEX (PTY) LTD, and all visitors and clients agree to this stipulation,

b. The various forums content, which is found on the INSPIREDEX (PTY) LTD website, shall be deemed to remain the exclusive property of INSPIREDEX (PTY) LTD.

c. INSPIREDEX (PTY) LTD has the right, but not the obligation to monitor and review submissions submitted by visitors or clients in the forums.

d. INSPIREDEX (PTY) LTD shall not be responsible for any of the content of these messages.

e. INSPIREDEX (PTY) LTD further reserves the right to delete, move or edit submissions that INSPIREDEX (PTY) LTD, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trade Mark laws or otherwise objectionable.

7. Rules of conduct for the visitor and client

a. A visitor or client with the inclusion of but not the limitation of the definition, agrees that he/she will not transmit submissions to the INSPIREDEX (PTY) LTD website that -

. use any of the forums for illegal purposes;

i. are for purpose of spamming;

ii. restrict or inhibit any other visitor or client from using and enjoying the forums;

iii. are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;

iv. violate any Intellectual Property rights of any other person by the submission of the content to INSPIREDEX (PTY) LTD website through the forums or other avenues, which allow for such submissions. A visitor or client by the transmission of content in any manner whatsoever, represents to INSPIREDEX (PTY) LTD that they are the rightful owner of such content transmitted or that the visitor or client has obtained permission from the rightful owners to submit such content transmitted;

v. contain viruses or other harmful content; or

vi. are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.

b. A visitor or client agrees that he/she shall be solely liable for any damage resulting from any infringement of Copyrights, Trade Marks and other proprietary rights or any other damages resulting from such a submission.

c. A visitor or client further indemnifies and holds INSPIREDEX (PTY) LTD harmless against all claims for any damages whatsoever arising from the use of the INSPIREDEX (PTY) LTD website.

8. Damages, warranty, indemnity

a. A visitor or client expressly agrees that the use of the INSPIREDEX (PTY) LTD website is at his/her sole risk.

b. INSPIREDEX (PTY) LTD does not guarantee or warrant;

. that the INSPIREDEX (PTY) LTD website will be uninterrupted;

i. that the INSPIREDEX (PTY) LTD website will be default free and that the defects will be corrected;

ii. that the results that may be obtained from the use or application from information gained from the INSPIREDEX (PTY) LTD website in so far as accuracy and content of any such information is concerned;

iii. that the servers that make the content available are free from viruses and other harmful content; or

iv. any merchandise provided through the INSPIREDEX (PTY) LTD website.

c. The INSPIREDEX (PTY) LTD website is provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility.

d. Neither INSPIREDEX (PTY) LTD nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this website. A client using the INSPIREDEX (PTY) LTD website acknowledges that such information and materials may contain inaccuracies or errors and therefore expressly exclude liability for any such inaccuracies or errors.

e. A visitor or client acknowledges and confirms INSPIREDEX (PTY) LTD indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use INSPIREDEX (PTY) LTD sites.

f. A visitor or client acknowledges that the provisions of this paragraph shall apply to all the contents of the INSPIREDEX (PTY) LTD website.

g. The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortuous action, negligence, or under any other cause of action.

h. If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

9. General

a. This agreement, the terms, conditions and operating rules for the INSPIREDEX (PTY) LTD website, constitute the entire agreement between the parties with respect to the subject matter hereof.

b. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.

c. Any dispute arising here from shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa.

d. The paragraph headings used herein are for convenience only and shall be of no legal consequence.

e. INSPIREDEX (PTY) LTD may at any time revise these terms and conditions by updating the postings.

f. A visitor or client is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which he/she is bound.

g. INSPIREDEX (PTY) LTD shall have the exclusive right to at any time change or discontinue any aspect or feature of the INSPIREDEX (PTY) LTD website.

10. Agreement to and termination of agreement

a. The use of or access to these sites constitutes a visitor’s or client’s acceptance of terms and conditions hereof, which together with INSPIREDEX (PTY) LTD’s Privacy Policy, are binding on such visitor or client and takes effect on a date which such visitor or client first makes use of, or access to the INSPIREDEX (PTY) LTD website.

b. If a visitor or client does not accept all the terms and conditions in full, such visitor or client must exit the site immediately and not make use of the website.

c. INSPIREDEX (PTY) LTD has the exclusive discretion to terminate the agreement at any time.

d. After a visitor or client has exited the site as aforesaid such visitor or client must destroy all content, whether materials or software, obtained from the site and all copies thereof.

e. In the event of a visitor or client failing to exit the site as aforesaid INSPIREDEX (PTY) LTD has the right to claim any indirect, direct, incidental, special or punitive damages caused to INSPIREDEX (PTY) LTD from such visitor’s or client’s unauthorised access and/or use of the INSPIREDEX (PTY) LTD website.

f. A visitor or client indemnifies INSPIREDEX (PTY) LTD against any claims for damages of whatsoever nature caused to another party by such visitor or client unauthorised use and/or access of the sites.

 11. Electronic Communication Legal Notice

This email including attachments, is confidential, may be privileged and is intended solely for the use of the addressee. If you are not the intended recipient do not disclose, distribute or retain it, and please notify the sender immediately and then delete this email. Email is not necessarily secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses. It is your responsibility to ensure that emails are virus free. No one may conclude a contract on behalf of the INSPIREDEX (PTY) LTD via email without express written confirmation by a duly authorised representative of the INSPIREDEX (PTY) LTD. INSPIREDEX (PTY) LTD accepts no responsibility for any loss or damages arising in any way from the use of this email as a means of communication. Views and opinions expressed in this email are those of the sender unless clearly stated as those of the INSPIREDEX (PTY) LTD.

12. Conditions of use and access

a. In order to make use of fee carrying services, a person must register as a client using the “Client Registration” facility on the INSPIREDEX (PTY) LTD website. (See business rules for client registration process attached, Annexure A)

b. A client must ensure that all the details provided by him/her for his/her registration are true and correct at all times as INSPIREDEX (PTY) LTD shall not be liable for any expenses, costs or damages incurred as a result of incorrect details. These requirements may change from time to time and it is the responsibility of the client to regularly update his/her own client information.

c. A client is responsible for securing his/her client login password and such client login password may not be disclosed to unauthorised persons, as such client will be held responsible for all transactions performed with his/her login and password. In cases where INSPIREDEX (PTY) LTD officials assist a client in creating the login and password details, clients need to ensure that they keep record of that information.

d. A client must immediately notify INSPIREDEX (PTY) LTD in writing of any unauthorised use of his/her password or of any other breach of security

e. When a person registers as a client he/she consents to receiving communications from INSPIREDEX (PTY) LTD and Associated Companies electronically.

13. Payment Method

a. Payments are made by Credit Card or EFT or e-walet.

14. Payment instruments

a. Direct deposits

If the client selects the ‘pay via bank deposit’ option, instructions will be given on how to deposit money into the INSPIREDEX (PTY) LTD Bank Account and would be subject to the following rules:

. The payment must be identified by supplying the reference number received by Email in the reference section of the deposit slip or on the electronic transfer – This information will enable INSPIREDEX (PTY) LTD to identify the deposit and allocate it to the correct account;

i. no transfers must be made from ATM’s as it does not support the supply of the reference number;

ii. (c) cheque deposits are subject to a 21 day clearing period.

15. Agreement of sale

a. Receipt by INSPIREDEX (PTY) LTD will occur when INSPIREDEX (PTY) LTD electronically (via the INSPIREDEX (PTY) LTD website or e-mail) informs the client concerned that his/her request has been received.

16. Refunds

a. Deposits in a client’s INSPIREDEX (PTY) LTD account are refundable but not transferable.

b. INSPIREDEX (PTY) LTD shall only refund monies remaining in a client’s INSPIREDEX (PTY) LTD account upon receiving a written request for a refund.

c. If a client requests the incorrect service, selects the incorrect enterprise for a disclosure, submit the incorrect type of form, supply incorrect information when submitting a form, made a typing error or spelling error, etc. and INSPIREDEX (PTY) LTD renders the service, INSPIREDEX (PTY) LTD shall not be liable to refund the fee concerned.

d. If the delivery of the rendered service fails without INSPIREDEX (PTY) LTD being aware thereof, INSPIREDEX (PTY) LTD will first be offered the opportunity of delivering the service before any claim for credit notes by the client concerned will be entertained.

e. No applications can be refunded by INSPIREDEX (PTY) LTD without proof that the application was unsuccessful due to an error (human or otherwise) attributable to INSPIREDEX (PTY) LTD or proof that the Application failed in a substantive way.

f. Refunding referred to in subparagraph (2) will be done by INSPIREDEX (PTY) LTD within 30 (thirty) days in a manner to be agreed upon between INSPIREDEX (PTY) LTD and the client concerned.

17. General

a. A client may at any time inquire on the progress of his/her request by contacting the INSPIREDEX (PTY) LTD Client Contact Centre on 012 341 4703.

b. If a client is dissatisfied with the service rendered/not rendered by INSPIREDEX (PTY) LTD, he/she may lodge a complaint by email with the INSPIREDEX (PTY) LTD Client Contact Centre; info@pty-online.co.za who will forward such complaint to the Branch concerned within INSPIREDEX (PTY) LTD.

c. A client referred to in subparagraph (2) must lodge such a complaint within 14 (fourteen) working days of receiving notice from INSPIREDEX (PTY) LTD that such service was rendered/not rendered.

d. If a complaint referred to in sub-paragraph (2) is not resolved according to the client concerned, the provisions in paragraph 9(3) shall apply.

18. Privacy Statement

INSPIREDEX (PTY) LTD is committed to protecting the privacy of our clients’ personal information. This policy explains how we gather and use the information that we collect from our website, located at www.pty-online.co.za . This policy may change over time. Amendments to this statement will be posted at this URL and will be effective when posted. Your continued use of this site following the posting of any amendment, modification or change shall constitute your acceptance thereof.

a. Information Collected

As you navigate within our website, we will be collecting and tracking personal information, either by asking you to tell us something about yourself (such as your name, address or email address) or by using data-tracking software which records your IP address and tells us what parts of the website you have browsed.

b. Use of Information

This information is used to enhance your site experience, or to apply special benefits. Your personal information will not be sold to third parties for email marketing or telemarketing campaigns.

The information may be used by INSPIREDEX (PTY) LTD or designated site partners to send you information that we think will be useful to you.

Due to the technology behind the INSPIREDEX (PTY) LTD site, your personal information may also be shared with designated site partners in order to reduce the number of registrations you need to make on the INSPIREDEX (PTY) LTD site. This is an effort to make use of the www.pty-onlne.co.za site more convenient for you.

You may opt-out of receiving future mailings from INSPIREDEX (PTY) LTD and other entities by following the instructions set forth in the opt-out section below.

Personal information about you, whether obtained through collection or tracking, may be used to contact you again either by online electronic communication (such as email), or by regular mail or telephone. We will also be collecting and tracking information about activities on our website on an aggregate (i.e., group basis). We will not know or keep track of precisely who you are as you use the site. The data is used to track what areas of the site are most frequently used to help us improve the site in the future. When we share such information with other companies, it is not traceable to any particular user and will not be used to contact you again.

Non-personal demographic and profile data is used to tailor your experience at our site, showing you content we think you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis.

We may share your information (as described above) with our business partners to provide you with products or services that you have requested or to provide you with promotional offers that we believe will be of interest to you. Our business partners include all of our affiliated companies as well as other selected businesses with which we have a relationship and which have agreed to adhere to our strict standards for providing quality products and services, responding to your needs, and protecting client information. We may also employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from client lists, analysing data, providing marketing assistance (including direct and targeted marketing), processing credit card payments, and providing client service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

In certain circumstances, we may share your client information with trusted service providers that need access to your information to provide operational or other support services. We also may provide information to regulatory authorities and law enforcement officials in accordance with applicable