Terms of use.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meanings regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to the Republic of South Africa.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Peotona Development NPC, Block Q5, IQ Business Park, No.3 3rd avenue, Edenburg, Johannesburg 2128..
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website (and any related Application/App).
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Template.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Peotona Development NPC’s selected business information of a confidential or non-confidential nature, accessible from https://www.peotonafoundation.co.za
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditional upon Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditional upon Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
We employ the use of cookies. By using Our Service, you consent to the use of cookies in accordance with Our privacy policy. Most of the modern -day interactive websites use cookies to enable owners to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
Should there be any clause in these Terms that you do not understand, the onus is on you to ask the Company to explain the relevant clause to you before you accept the Terms by using the Service.

Links to Other Websites

Our Service may contain links to third -party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third -party websites or services that You visit.

Licence

Unless otherwise stated, the Company and/or it’s licensors own the intellectual property rights for all material on the Company and the Service. All intellectual property rights are reserved. You may view and/or print pages from the Service for your own personal use or for educational purposes, subject to restrictions set in these terms and conditions.

You must not:

• Republish material from the Service
• Sell, rent or sub-license material from the Service
• Reproduce, duplicate or copy material from the Service
• Redistribute content from the Company and the Service

Termination

We may terminate or suspend Your access immediately or at any time, without prior notice or liability, for any reason whatsoever in terms of our business purposes, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability and Indemnity

Notwithstanding any loss or damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms Conditions, and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including but not limited to damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Further, to the extent that the Service and the information and services on the Service are provided free of charge, we will not be liable for any loss or damage of any nature.
For the avoidance of doubt, neither the Company nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) the Services or the Company’s content.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

The warranties or limitations on applicable statutory rights of a consumer, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under South African law.

General Disclaimer

To the maximum extent permitted by applicable Country law, we exclude all representations, warranties and conditions relating to Our Service and the use of this Service (including without limitation any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Conditions, and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If a dispute cannot be resolved by the admin or client service of the Company, the dispute may be presented for negotiation between the Company and you.
Should this matter not be resolved by negotiation, it will be referred to confidential mediation.
Should this matter not be resolved by mediation, then this matter shall be referred to confidential arbitration.
Such mediation or arbitration will be handled according to the rules stipulated by Tokiso Dispute Resolution (Pty) Ltd.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under South African law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Any revisions, whether immaterial or in our reasonable opinion material, may be stipulated on the Website.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: foundation@peotona.co.za