Website Terms and Conditions
1.
Interpretation and Definitions clause
2.
Rights and Obligations of Website User
3.
Copyright
4.
Disclaimer
5.
Contract formation
6.
Changes to Website
7.
Electronic Communication
8.
Pricing
9.
Terminating the Contract
10
Your Account
11.
Prohibitions
12.
Disclosures Required by Section 43 of the Electronic Communications
and Transactions Act No 25 of 2002
13.
Governing Law
1.Interpretation and Definitions clause
1.1 The clause headings in this
agreement have been inserted for convenience only and not for
interpretation purposes; any reference to the singular includes the
plural and vice versa; any reference to natural persons includes
legal persons and reference to any gender includes reference to the
other gender and vice versa.
1.2 In this agreement, unless
inconsistent with or otherwise indicated to the contrary, the
following terms shall have the following meanings:
“BEE
Exemption Certificate” means a BEE certificate that represents:
a letter from your accounting officer or auditor; an affidavit signed
by you; the ID documents of the shareholders/members and your CIPRO
information at the time of issue. All of this information is linked
to a unique certificate number and the required information is
available for search by Third Parties. This information provides
ample supporting information to prove the Website User's exemption.
“Personal information” refers to the information the
Website User submits to the Website when applying for a BEE Exemption
Certificate;
“Party/Parties”
refers to the Website Owner and Website User;
“Third Parties” refer to people or entities that are not
the Website Owner or Website User;
“Unique
Certificate Number” means the number assigned to a particular
BEE Exempt Certificate so that clients of the Website User may verify
its BEE status.
“Website”
refers to the official website address: www.exempt.co.za
“Website
Owner” means Exempt CC.
“Website
User” means the person or entity accessing this website. This
includes the company or close corporation wishing to apply for a BEE
Exemption Certificate.
2.Rights and
Obligations of Website Users
Website
Users agree to be bound by this website’s terms and
conditions.
This
website provides Website Users with information regarding
Exempt CC and its products and services;
Website
Users may browse, view, copy and download data. It may distribute
the content of this website provided that the content is not used
for commercial purposes. The Website User must provide complete
acknowledgement of the content
The
Website Owner grants Website Users the following rights:
Subject
to the terms of this Agreement, the Website
User may access the Website as often as is needed with the
username and password the Website User chose;
The
Website User may not share the username
and password with Third Parties;
The
Website User may complete the registration form;
The
Website User may give its Unique Certificate Number as issued by
the Website Owner, to any Third Party to verify the Website User's
BEE status.
The
Website User has the right to review, correct and cancel before
effecting payment.
The
Website User has the right to review and correct the information
submitted to the Website by contacting the Administrator via email
at info@exempt.co.za.
If
the Website User scans and emails the supporting documents to the
Website Owner, the Website User has the sole responsibility to
store the originals and the Website Owner does not accept
responsibility for their loss or damage.
3.Copyright
The
structure, organisation
and content of the Website are protected by law, including without
limitation the copyright laws of the Republic of South Africa and
by international treaty provisions.
The
Website Owner either owns or has been
licensed to use the copyrights and trademarks in this Website. This
Agreement does not grant the Website User any intellectual property
rights in the Website and trademarks. The Website Owner reserves
all rights not expressly granted.
Except
by prior written consent, the Website User may not make a copy of
this Website, frame it or reverse engineer the website.
Breach of
this clause is a criminal offence in terms
of Section 27 of the Copyright Act 98 of 1978.
4.Disclaimer
The
Website Owner does not guarantee that the Website is
error-free or that the documents supplied and the information
provided by the Website Users are legitimate. Except for verifying
the accounting officer at CIPRO, the Website
Owner does not verify the information provided by the Website User.
The Website Owner disclaims responsibility for relying on such
inaccurate information provided by the Website User.
The
Website Owner disclaims liability for any losses suffered by the
Website User and Third Parties who rely on the BEE Exemption
Certificate which was issued based on any false information and or
documents that the Website User provided.
While
every precaution is taken during its development, the Website Owner
does not guarantee that the Website is free from malicious code
such as viruses, worms and Trojan horses.
The
Website Owner does not accept responsibility for any loss or damage
due to the use or inability to use the Website;
The
Website Owner does not accept direct or indirect liability for
damage that might arise out of the use of the Website, the content
or services to which the Website User subscribed.
The
Website Owner is not liable for content in websites to which this
Website links.
The
Website Owner has not customised the Website to suit individual
requirements of the Website User.
The
Website Owner does not accept liability for any submissions made by
its employees in email communications that caused damage to the
Website User or Third Parties.
The
Website Owner provides the Website “as
is” and the Website Owner makes no warranty as to its use,
availability or performance.
No
agreement formed between an employee of the Website Owner and the
Website User or Third Party via email communications shall be valid
unless it is directly connected to the issuing of BEE Exemption
Certificates.
5.Contract
Formation
A
binding agreement between the Website Owner and Website User comes
into force when:
the
Website User has completed the registration form; and
the
Website User has made a payment via electronic fund transfer or
bank deposit after receiving the electronic generated invoice; and
if
the Website Owner received the payment; and
The
Website Owner reserves the right to accept or reject any
registration form without giving reasons. It must then refund any
monies received from the Website User.
The
contract remains active until cancelled by either party in terms of
clause 9.
6.Changes to
Website
The
Website Owner reserves the right to amend any information
and prices in this Website and these terms and conditions in its
sole discretion, without notice.
The
Website User must acquaint themselves with any amendments.
7.Electronic Communication
The
Website User accepts that the Website Owner may communicate with it
through the use of email relating to the use of the Website or to
provide BEE information.
When
the Website Owner sends an email to the Website User, it is deemed
to have been received when the Website User is capable of
downloading the email.
When
the Website User sends an email to the Website Owner, it is deemed
to have been received when the Website Owner replies to the
message.
The
Website User agrees that all electronic agreements, notices,
disclosures and other communications between the Website Owner and
Website User, satisfy any legal requirement that such
communications be in writing.
The
Website Owner may from time to time send the Website User a
newsletter pertaining to BEE issues and may contain advertisements
for products and services that may benefit small business owners.
8.Pricing
Value
Added Tax do not apply to the services offered on the Website.
Upon
receipt of the Website User’s registration form, an invoice
and will be sent to the Website User in which the service
subscribed to, the total transaction amount, delivery address and
order number will be set out. If any information is incorrect, the
Website User must notify the Website Owner via email.
The
Website Owner charges an R350 all inclusive fee for BEE
certificates.
Should
the Website User need to change the accounting officer, the Website
Owner charges a fee of R250.
9.Terminating
the Contract
If
the Website User wishes to terminate the contract for whatever
reason, the Website User must notify the Website Owner via email.
The
Website Owner will give the following refunds:
If
the CIPRO search has not been done, the full R350 will be
refunded;
If
the CIPRO search has been done, only R250 will be refunded.
The
BEE Exemption Certificate along with any information and documents
provided by the Website User will be deleted from the online server
by the Website Owner.
If
the Website Owner suspects fraudulent or other criminal activity on
the part of the Website User while using the Website or in case of
breach of these terms, it may in its sole discretion terminate the
contract by sending an email to that effect to the Website User.
10.Your Account
The
Website User must maintain the confidentiality of the username and
password.
11.Prohibitions
The
Website User may not copy the Website.
The
Website User may not rent, lease,
sublicense, assign, or transfer its rights in the Website.
The
Website User may not intentionally use a
device or software application to overcome the security measures
that protect the Website. Doing this constitutes a criminal offence
in terms of section 86 of the Electronic Communications and
Transactions Act 25 of 2002.
The
Website User may not in any way frame any page of this Website
without first getting the written approval of the Website Owner.
Framing amounts to copyright infringement. The Website Owner will
consent to framing when it has concluded an agreement with a Third
Party who will promote the Website through white labeling.
The
Website User may not hot link to this Website. This means linking
to a file on this Website and have it display on another, unrelated
website. Such action amounts to bandwidth theft and copyright
infringement and will not be tolerated.
No
one, including the Website User may use non-malicious search
technology, like “web spiders” or “web-crawlers”
to gain information from this website if such technology will slow
down this website’s server, or if it will infringe the
copyright of any data and information in this Website.
The Website User may not
deliver any malicious code such as viruses, worms or Trojan horses
to this Website.
12.Disclosures Required by Section 43 of the Electronic
Communications and Transactions Act No 25 of 2002
Full
name and legal status of the Website Owner:
Exempt CC
Physical
address and telephone number: Unit
3, Sherborne Square, 5 Sherborne Road, Parktown, Johannesburg,
2193. This website operates an email service and does not have a
telephone number.
Website
address and email address:
www.exempt.co.za;
info@exempt.co.za
Membership
of any self-regulatory or accreditation bodies to which the Website
Owner subscribes and its contact details: Not applicable. The
Website Owner is not an accredited SANAS verification agent, but
rather a service that helps our clients to provide supporting
documentation that proves their exemption. As such it doesn't need
to be SANAS accredited or to be an ABVA member as the validity of
the certificates stems from the validity of the accounting officer
or auditor letter.
Any
code of conduct to which the Website Owner subscribes and where the
Website User may access a copy of it online: None
Registration number, names
directors and the place of registration of the Website Owner:
Registered in Gauteng;. Registration number:2006/222592/23
. Members: A. Bizzell.
Physical
address where Website Owner will accept legal service of documents:
Unit 3, Sherborne Square, 5
Sherborne Road, Parktown, Johannesburg, 2193.
Sufficient
description of the main characteristics of the services offered by
the supplier: Exempt.co.za offers a service to its clients
where they collect and collate information from accounting officers
and auditors. This information is then represented online attached
to a certificate's unique reference number.
The
minimum duration of the agreement: There is no minimum duration
of the agreement. Either party may cancel the service in accordance
with clause 9.
Manner
of payment: Electronic Fund Transfer or bank deposit.
Time
within which services will be rendered: Once the Website User
has sent the required documents to the Website Owner, the
certificate will be issued and be available online within 8 working
hours.
Refund
Policy: The refund policy is contained in clause 9.2.
Dispute
Resolution through Arbitration
If
a dispute cannot be resolved by the Customer Relations Department,
such a dispute shall be resolved through expedited arbitration in
terms of the rules of the Arbitration Foundation of South Africa.
The proceedings shall be held in Johannesburg in English or
Afrikaans.
This
clause shall be severable from the rest of this Agreement and
therefore shall remain effective between the Parties after this
Agreement has been terminated.
13.Governing Law
The
Laws of the Republic of South Africa governs the interpretation and
validity of this Agreement.