Please note that in terms of the Consumer Protection Act, 2008, a consumer is to be given an adequate opportunity to receive and understand these terms and conditions. Please take sufficient time to acquaint yourself with such terms and understand their importance and effect.
These terms and conditions apply to your use of the following:
(all the above being referred to as the “Services“).
By using or accessing the Services you agree to be bound by these terms and conditions and these terms and conditions, together with any other policies referred to in these terms and conditions, will constitute a legally binding contract between you and WizeDocs.
WizeDocs may update these terms and conditions at any time and at its sole discretion by publishing same on the Website. Whenever you access or use the Services, you are bound by the terms and conditions in operation at the time of such access or use.
If you do not agree to the changed terms and conditions, then you must immediately stop using the Services and request that WizeDocs close any Services. To close your Services, contact us at info@wizedocs.co.za.
You are responsible for ensuring the accuracy of all information and files you provide as part of your use of the Services.
You are responsible for any devices, software and services needed to use the Services. Wizedocs does not guarantee that the Services will function on any particular device or with any particular software, either completely or partially.
If you make use of WizeDocs publisher, you are responsible for keeping the log-in credentials (username and password) secure and for all activity under such log-in credentials. You may not share your log-in credentials with any third party and you must keep your account information accurate at all times.
YOU UNDERSTAND AND CONSENT THAT (WITH OR WITHOUT NOTICE) WIZEDOCS MAY UPDATE, MODIFY OR TERMINATE THE SERVICES (OR YOUR ACCESS TO THEM) FROM TIME TO TIME. WIZEDOCS MAY SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME AND FOR ANY REASON.
If you have paid for the Services in advance as part of any subscription, you will be entitled to a refund of any unused portion of the subscription if the Services are terminated prior to expiry of the subscription period. IF YOUR ACCESS TO THE SERVICES ARE SUSPENDED DUE TO YOUR BREACH OF THESE TERMS AND CONDITIONS, YOU WILL NOT BE ENTITLED TO ANY REFUND.
Prices quoted on the website are valid as of time of viewing. WizeDocs may change the pricing relating to the Services at any time by publishing new prices on the Website.
All rights in the Services are and shall remain the exclusive property of WizeDocs, its partners and/or its licensors. For purposes of clarity, “Services” includes any and all content on the Services, such as, but not limited to the documents, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the Services.
The Services are licensed, not sold, to you. Nothing in these terms and conditions intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with WizeDoc’s, its partner’s, and/or licensor’s rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Services, are distinctive and protected trademarks or trade dress of WizeDocs, its partners, and/or its licensors. The Services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
Some Services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints, files or other information posted or communicated to WizeDocs through the Services or otherwise (together, “submissions”).
You grant WizeDocs a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. WizeDocs will not be required to treat any public submissions as confidential.
YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS AGAINST WIZEDOCS IN CONNECTION WITH WIZEDOCS’S CONSIDERATION, USE OR DEVELOPMENT OF ANY PRODUCT, DESIGN, CONCEPT OR OTHER MATERIALS SIMILAR OR IDENTICAL TO YOUR SUBMISSION NOW OR IN THE FUTURE.
With respect to the Services (which includes content), you may not, and may not allow third parties, to:
YOU ARE SOLELY RESPONSIBLE FOR THE SERVICES THAT YOU USE, THE CORRECTNESS, LEGALITY AND APPROPRIATENESS OF ANY DOCUMENT OR ADVICE RECEIVED AND THE ACCURACY, LEGALITY, AND APPROPRIATENESS OF ALL DATA AND CONTENT THAT YOU ENTER AS PART OF THE SERVICES AND YOU INDEMNIFY WIZEDOCS, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND MEMBERS OF THE WIZEDOCS GROUP OF COMPANIES IN FULL AGAINST ANY CLAIM (WHETHER BY ANY THIRD PARTY OR OTHERWISE) RELATING TO OR ARISING OUT OF THE USE OF THE SERVICE.
NEITHER WIZEDOCS, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS NOR ANY OTHER MEMBERS OF THE WIZEDOCS GROUP OF COMPANIES SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF WHATSOEVER NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST BUSINESS, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT WIZEDOCS’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY WIZEDOCSs’, OWN GROSS NEGLIGENCE OR WILLFUL INTENT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.
WizeDocs reserve all legal rights to recover damages or other compensation under these terms and conditions or as allowed by law.
WIZEDOCS PROVIDES THE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. WIZEDOCS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIZEDOCS DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST WIZEDOCS (AND ALL OTHER MEMBERS OF THE WIZEDOCS GROUP OF COMPANIES) FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy statements that you should review and understand before using them. WizeDocs does not endorse and is not associated with any of these third-party services. WIZEDOCS (AND ALL OTHER MEMBERS OF THE WIZEDOCS GROUP OF COMPANIES) HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD-PARTY SERVICES.
WIZEDOCS (AND OTHER MEMBERS OF THE WIZEDOCS GROUP OF COMPANIES) HAVE NO RESPONSIBILITY FOR ITS FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS CAUSED BY OR RELATED TO ANY EVENT BEYOND ITS REASONABLE CONTROL. IF SUCH AN EVENT OCCURS, THEN THE RELEVANT PARTY’S OBLIGATIONS UNDER THESE TERMS AND CONDITIONS WILL BE SUSPENDED FOR THE DURATION OF THE EVENT; AND THAT PARTY MAY, BUT IS NOT REQUIRED TO, USE REASONABLE ENDEAVORS TO FIND A SOLUTION BY WHICH ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS MAY BE PERFORMED DESPITE THE EVENT.
These terms and conditions incorporate the Wizedocs Privacy Policy as part of the terms and conditions. The Privacy Policy describes WizeDocss’ information practices, including how Wizedocs collect, use and share your personal information.
By disclosing or submitting personal information as part of the service, you consent to WizeDocs collecting, processing, and storing it for the purposes described in the above Privacy Policy.
By using the Services, you can submit personal information of third parties. You undertake and warrant that you will obtain all applicable consents in accordance with applicable laws relating to the personal information of third-parties that will be provided to WizeDocs as part of the Services before such information is provided. YOU HEREBY INDEMNIFY WIZEDOCS FROM ANY CLAIM, COST AND LIABILITY THAT MAY ARISE DUE TO PERSONAL INFORMATION OF A THIRD PARTY THAT WAS SUBMITTED BY YOU.
Neutral Construction. The rule of construction that the Agreement shall be interpreted against the Party responsible for drafting or preparation of the Agreement shall not apply to this Terms and Conditions;
Ejusdem Generis. The words “include”, “includes”, and “including” means “include without limitation”, “includes without limitation”, and “including without limitation”. The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it;
Headings, Sub-Headings and Callouts. Headings, Sub-headings and Callouts are inserted for information and convenience purposes only and shall not affect the construction or the interpretation of this Terms and Conditions;
Legislation. References to any legislation shall be deemed to include references to such legislation as amended, added to via regulations or notices, and/or extended from time to time;
References to persons. References to:-
Implied Meaning. If any word is defined in any clause, that word or phrase shall bear the same meaning wherever used in the Terms and Conditions;
Time. Any reference to time shall be based upon South African Standard Time (GMT+2);
Numeric Figures. Where figures are referred to in words and in numerals, and there is any conflict between the two, the words shall prevail, unless the context indicates a contrary intention;
Day Calculation. When any number of days is prescribed in this Terms and Conditions, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a business day, in which case the last day shall be the next business day;
Dictionary Meaning. All words in this Terms and Conditions shall be interpreted per the latest dictionary definition as contained in the Oxford Standard Dictionary, unless this Terms and Conditions defines another meaning to a word;
“Days” means a business day, ie: Any day that is not a weekend or a Public Holiday as defined in the Public Holidays Act 36 of 1994;
Words and Phrases Meaning. Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
WIZEDOCS MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE OUTSIDE OF SOUTH AFRICA. IF YOU USE THE SERVICES FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
These terms and conditions will be governed and interpreted pursuant to the laws of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.
On termination of these terms and conditions or of your permission to use the Services, all rights granted to you under these terms and conditions shall cease; however, these terms and conditions will continue to apply to your prior use of the Services and anything relating to or arising from such use. Upon termination, all of rights of WizeDocs, and other Members of the WizeDocs Group of Companies, including all intellectual property rights, proprietary rights, and licenses in these terms and conditions shall survive, as well all restrictions on use, all limitations on liability and disclaimers.
Each of the terms and conditions in these terms and conditions are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If WizeDocs or any third party beneficiary fails to insist that you perform any of your obligations under these terms and conditions, or if WizeDocs or any third party beneficiary does not enforce its rights against you, or delays in doing so, that will not mean that WizeDocs or the relevant third party beneficiary has waived any of their rights against you and will not mean that you do not have to comply with those obligations.
WizeDocs may transfer its rights and obligations under these terms and conditions to another organization or entity, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or obligations under these terms and conditions to another person if WizeDocs agrees in writing.
In terms of Section 43 of the ECTA, we hereby disclose the following information:
If you have any questions or comments regarding the Services, please email us at info@wizedocs.co.za.
