Your access to and use of the website, related mobi-sites and software applications (the “Website”) (as defined below) is subject to the terms and conditions of this agreement ("Agreement"). Please read these terms carefully before accessing or using the Website. If you do not agree to the terms and conditions set out in this Agreement, please do not access or use the Website.
As a platform the User accepts the responsibility for making a decision to hire or not to hire a Service Provider offering their service via the Platform in line with any and all lockdown regulations gazetted. The User understands and agrees that The Service Provider has no employment relationship with The Company. The Company confirms that all necessary communications under Covid-19 Lockdown regulations have been communicated to both the User and the Service Provider through their use of the Platform. The User and the Service Provider are responsible for ensuring all safety measures are adhered to when engaging via The Platform. The User and the Service Provider both agree that they have no Covid-19 symptoms, nobody in the home is self-isolating, and that social distancing can be maintained. By using the Services, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved, specific to the virus and otherwise contained within these Terms & Conditions. Neither the Company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Services. The Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.
As per the gazetted regulations, under level 3 lockdown, Users will be able to book the below services via the Platform:
If the above criteria are not met, you are still permitted to book a SweepStar but will need to provide private transport for your SweepStar (at your cost).
All available SweepStars have passed an educational course on sanitisation cleaning. All SweepStars will carry on their person: "Form 2: Permit to perform an essential or permitted service (Regulation 16(2)(b) and 28(4)" should they be stopped on their commute to and from a booking. The liability of requesting a service via the Platform is on the User. Any cancellation of a service (and subsequent fees) due to a Service Provider being turned home will be charged to the User. Any fine served by authorities as a result of incorrect or dishonest booking of a SweepSouth service will be charged to the User.
This Agreement regulates your use of the SweepSouth services, accessible at sweepsouth.com or such other URL as we may determine from time to time ("Website"). This Website is made available ShiftSouth (Pty) Ltd. (trading as SweepSouth), registration number [2013/183820/07], a South African company with registered office at [89A Bree Street, Cape Town, 8000] (the "Company").
This Agreement applies to any person (hereinafter referred to as "users" or "you" or "your") who, for whatever purpose, accesses and/or uses the “Website”:
The activities listed at 1 to 6 above are referred to as the "Services".
To the extent allowed by law, the Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. We may at any time change the prices. We will give you notice by email at least one month before any price change takes effect. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about this Agreement, please feel free to contact us by email at firstname.lastname@example.org.
You can register on the Website to join our mailing list by submitting your email address on the Website.
You must provide accurate and complete information as prompted on the Website or any other request made by us. Your registration will be rejected if you fail to properly complete the electronic registration process.
You have the right to cancel your registration to our Newsletter at any time in the manner set out below.
ou may notify us of your wish to cancel your registration to our Newsletter by contacting us at [087-351-5444]. If you prefer, you may, but are not obliged to, send your notification of cancellation by email to email@example.com in the following form:
"To: ShiftSouth (Proprietary) Limited (trading as SweepSouth) I/we hereby give notice that I/we cancel the subscription to the SweepSouth newsletter. Subscriber Number / Registered User Name: [insert, as applicable] Your name (or the customer's name if different): [insert] Your address (or the customer's address if different): [insert]"
In order to book a service, you will be required to complete an electronic registration form which will include:
THE COMPANY DOES NOT PROVIDE CLEANING, GARDENING AND GENERAL LABOUR SERVICES, AND THE COMPANY IS NOT A CLEANING, GARDENING AND GENERAL LABOUR SERVICE PROVIDER. IT IS UP TO AN INDIVIDUAL SERVICE PROVIDER REGISTERED ON THE WEBSITE TO OFFER SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE WEBSITE OR SOFTWARE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SERVICES (SUCH AS CLEANING AND GARDENING), BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES OR ACT IN ANY WAY AS THE SERVICE PROVIDER, AND INDIVIDUAL SERVICE PROVIDER.
BY USING A SERVICE PROVIDER WHO IS OFFERING THEIR SERVICES THROUGH THE WEBSITE OR SOFTWARE, YOU AGREE AND UNDERSTAND THAT SUCH SERVICE PROVIDER IS AN INDEPENDENT CONTRACTOR. THE FACT THAT SUCH SERVICE PROVIDER MARKETS THEIR SERVICE THROUGH THE WEBSITE OR THE SOFTWARE DOES NOT IN ANY WAY CREATE, ESTABLISH OR SET UP ANY AGENCY, PARTNERSHIP OR EMPLOYMENT RELATIONSHIP BETWEEN THE COMPANY AND SUCH SERVICE PROVIDER.
The Website and Software are a communications platform ("Platform") for enabling the connection between individuals seeking to obtain services (such as home cleaning, outdoor cleaning, childcare, caregiving, heavy lifting, office cleaning, live-in domestic, but not limited to) and/or individuals seeking to provide services (such as home cleaning, outdoor cleaning, childcare, caregiving, heavy lifting, office cleaning, live-in domestic, but not limited to). The Company checks the backgrounds of service providers via third party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such service providers. When interacting with service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Services, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither the company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Services. The Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.
By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from the country, state and city in which you are present while using the Software or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset.
By using the Software or the Service, you agree that:
By submitting any information to us under this Agreement and/or by means of the Website or the Software, you warrant that you are entitled to use that information for the purpose for which it was submitted, and that we may use it for such purpose. You also agree that you will ensure that all such information is and is kept accurate and up-to-date at all times. To the extent allowed by law, it is your responsibility to keep your user credentials (including any passwords) secure, and the Company is entitled to rely on any actions taken on your account, for example submissions and/or changes to information, as having been done, or authorised to be done, by you, and the Company will not be liable for any loss or damage which you may suffer due to unauthorised access to your account and you will be responsible if the Company suffers any loss due to unauthorised access to your account.
You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws from the country, state and city in which you are present while using the Services.
You may only access the Website and/or Software using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. To the extent allowed by law, the Company is not liable for your inability to access the Website, Software, Services or Content if you do not have a compatible computer, mobile phone or other similar device ("Access Device") or if you have downloaded the wrong version of the Software for your Access Device.
You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, ("Technology") needed to access the Internet and to use the Services. We are not responsible for any Internet access charges, service provider charges and/or data usage charges. These charges must be paid by you or the owner of the Access Device.
By using the Services, you agree that:
You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
You must not intercept any information transmitted to or from us or the Website or Software which is not intended by us to be received by you.
Subject to the further provisions of this Agreement, the Services may only be used by you for lawful purposes and it is expressly recorded that the Company does not grant you any rights to access or use any source code underlying the Website and/or the Software (to the extent applicable).
The Company hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Any fees which the Company may charge you for the Software or Service are due prior to your cleaning in order to confirm an appointment for your cleaning, and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
Where we describe Service Providers as “vetted” or similar, we are promising only that we have carried out certain checks as specified on our Website at the time you make a Booking and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Nor can we guarantee that the Service Providers are otherwise suitable for your purposes. You use Service Providers at your risk.
Supply of Services:
Payment for Services / Cancellation by You:
If any amount due by you is unpaid, we may:
Cancellation by us:
Following cancellation of this agreement:
Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Website if we have given you notice of cancellation.
Changes to the terms and conditions:
Content of other Users:
Functioning of our Website:
To the extent allowed by law, neither we nor any of our employees, officers, directors, subsidiaries, shareholders, affiliates holding companies, affiliates, successors, assigns, representatives, agents, advisers, service providers, sub-contractors and suppliers shall be liable for any loss or damage where:
SweepSouth is not an employment service and does not serve as an employer of any User or Service Provider. As such, SweepSouth will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with the use of these Services. You understand and agree that if SweepSouth is found to be liable for any tax or withholding tax in connection with these Services, then the Service Provider will immediately reimburse and pay to SweepSouth an equivalent amount, including any interest or penalties thereon.
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
The Company will make use of electronic credits (SweepCred) as an additional payment method for use on The Platform. A user will be able to purchase these credits which will be loaded directly to The User’s account on The Platform. From time to time, The Company will reimburse A User in the form of these credits. These credits are not transferable or assignable: it is only eligible for redemption via the original email address that they were credited to and may only be redeemed against orders for The Company. These credits do not accrue interest and are not refundable for cash once purchased.
The Company may from time to time make electronic gift vouchers (“Gift Vouchers”) and electronic promotional coupons (“Discount Vouchers”) available for use on The Platform towards the creation of an order. The Company may also from time to time offer referral bonuses (in the form of credit) for use on The Platform to Users who refer The Company to their friends and acquaintances and meet certain further requirements (“Referral Bonuses”). This is called “Invite & Earn” on The Platform. Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
General rules and terms:
Promotional Coupons (“Discount Vouchers”):
Third Party Reward Vouchers (“Third Party Vouchers”):
Referral Bonus Program (Invite & Earn):
Please visit sweepsouth.com/privacy to understand how the Company collects and uses personal information. The Electronic Communications and Transactions Act of 2002 (the "ECT" Act) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under South African copyright law. If you believe in good faith that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the ECT Act (http://www.internet.org.za/ect_act.html). Notices and counter notices with respect to the Service or Software should be sent to the Company at:
89 Bree St
Cape Town City Centre
By Email: firstname.lastname@example.org
The Electronic Communications and Transactions Act 25 of 2002 states that when goods or services are offered by way of electronic transactions, the seller must make certain information available to customers on the website where the goods or services are offered.
|Office bearers (directors):||Aisha R. Pandor, Alen Ribic, Evan Person, Andrew Shaun Davies, Michael Smollan, Dean Villet|
|Alternative dispute resolution:||Submit a query: https://help.sweepsouth.com/hc/en-us/requests/new|
During use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Website or Software. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Website or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Website to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability of any kind for any direct, indirect, incidental or consequential loss or damage arising from such agreements between you and the third party providers or from any use of, or reliance on, any data, information, claims, statistics, undertakings and/or representations displayed on any third party website.To the Extent allowed by law, the Company
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of cleaning services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
This provision will survive termination, modification or expiration of this Agreement and your use of the Website, Software and Services.
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
The company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. The company does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software (including any cleaning services) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service (including any cleaning services) will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
The company's service and software may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
To the extent permitted by applicable law, in no event shall the Company's aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall the Company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Website, Service or Software, including but not limited to the use or inability to use the Website, Services or Software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the Website or the Software or is referred by the Website or Software, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
The Company may introduce you to third party service providers (i.e. services providers that are not registered on the Platform) for the purposes of providing services. We will not assess the suitability, legality or ability of any third-party service providers and you expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the third-party service provider. The Company will not be a party to disputes, negotiations of disputes between you and such third-party cleaning providers. Responsibility for the decisions you make regarding services offered via the Software or Website (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third party service provider and you expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from your use of the Software or Website, or in any way related to the third party service providers introduced to you by the Software or Website.
The quality of the services scheduled through the use of the Website or Software with a third-party service provider is entirely the responsibility of the third-party service provider who ultimately provides such services to you. Nothing on the Website or Software constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
By using the service or software, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not think they are reasonable, you must not use the service or software.
The SweepSouth Satisfaction Guarantee is available to Users of the Service and is the sole liability of The Company to Users of the Service. If you are not satisfied with the quality of the initial Service requested and paid for through the Platform, then, subject to applicable law, The Company will assess complaint/query for use against a future booking and SweepCred will be applied to the User’s account. The hours granted will be based on tasks completed poorly or not completed at all at the discretion of the Company.
Coverage Under the Satisfaction Guarantee:
A User will be covered under the Satisfaction Guarantee for every booking, subject to the exclusions below, provided:
You are responsible for providing a safe and secure working environment for the Service Provider, and for obtaining all necessary insurance relevant to your home and persons in your home. You hereby release the Company and the Platform and the Service Providers from any liability for injuries, property loss or other damages arising out of the Services to the fullest extent permitted by the law.
Following the termination of the protections and insurance offered by the Company in terms of the Satisfaction Guarantee (as described above), the User is able to make use of the Opt-in insurance cover offered by the Company’s intermediary and underwriters when booking on the Platform at the User’s sole discretion and risk. All insurances selected as part of the booking process is subject to the provisions, exclusions and Terms & Conditions as contained in related disclosures made by the Company from time to time. This offer of insurance cover should not be construed as acceptance of any liability related to any damage, injury or loss the User may suffer as a result of or in connection with using the Platform. Use of the Platform and related services remains at the sole risk of the User. The claims process is administered by the Company’s intermediary and as such the Company will have no further obligation in terms of any continual involvement in the administration of claims or the outcome of such claims.
If this Agreement and/or any Content and/or Services provided and/or made available on the Website or Software are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the "CPA"), it is not intended that any provision of this Agreement contravene any provision of the CPA. Therefore all provisions of this Agreement must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.
No provision of this Agreement (or any contract governed by this Agreement):
The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): 29 Wessels Road, Rivonia, Johannesburg, addressed to the attention of: Chief Executive Officer.
This Website and Software is controlled, operated and administered by the Company from its offices within the Republic of South Africa. Access to the Website and Software from territories or countries where the content or purchase of the Services sold on the Website is illegal is prohibited. You may not use this Website or the Software in violation of South African laws and regulations. If you access this Website or the Software from locations outside of South Africa, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and the Company with regard to the use of the Services, Software and Website.
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and SweepSouth on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of SweepSouth, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. You acknowledge and agree that you and the company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.
You accept that, as a corporation, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company's officers or employees in respect of any losses you suffer in connection with the Service or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
Without prejudice to the Company's other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.
If you have any complaints, please contact us via the contact details shown on our Website or write to us at:
89 Bree St
Cape Town City Centre