Terms of Service

Welcome to the website operated by The Yellowish Group (Pty) Ltd – Company Registration Number 2017/131639/07. Our website is Yellowish.io and from now on referred to as (“Yellowish.io,” “we,” “us,” or “our”). This Website (the “Yellowish.io “Website”) provides services, and you use our services when you (as the “customer” also referred to as “user”) visit and use any of the services we provide (whether you are an individual or a business), and irrespective of whether it is on our website, applications, instant messaging services, administrative tools to order our goods and services, no matter how you accessed them.  All users of the Yellowish.io Website are subject to the following terms and conditions of service (these “Terms of Service”).

Please read these Terms of Service carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand, and agree to be bound by these Terms of Service, as amended from time to time, and the Yellowish.io Privacy Policy, which is a result of this incorporated into these Terms of Service. If you do not wish to agree to these Terms of Service, do not access or use any part of this Website.

We may revise and update these Terms of Service by posting the amended terms on this Website. Your continued use of the Yellowish.io Website means that you accept and agree to the revised Terms of Service. If you disagree with the Terms of Service (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website. The most current version of these Terms of Service, which supersedes all previous understandings, can be reviewed by clicking on the “Terms of Service” hyperlink.

USE OF THE WEBSITE

The Yellowish.io website and services are entirely voluntary, and you indemnify and hold us, our successors and assigns, and our respective officers, directors, employees, servants, and agents harmless from all claims. Losses, liabilities, suits, judgments, expenses, damages including consequential damages, penalties, fines, or indemnity payments of whatsoever kind and nature arising from or in any way connected with the use of the website and services and /or info and contained therein.

Furthermore, we do not take responsibility for the content, products, and services advertised by the advertisers on the Website or Services.

THE AGREEMENT

The agreement consists of the following terms of service.

  • DEFINITIONS

In the agreement:

‘advertiser’ means any person, whether an individual or a business, which pays the Service Provider for the display of any marketing material, regardless of whether such marketing material is related to the services of this website or not, on this website.

‘agreement’ means these terms and conditions, the privacy policy, the advertising policy, and any annexures hereto.

‘buyer’ means any person, whether an individual or a business, making an offer for and purchasing an item listed for sale by any seller on this website.

business day’ means any day other than a Saturday, Sunday, or holiday (including a public or bank holiday) in the Republic Of South Africa.

business hours’ or ‘office hours’ means our regular business hours on a business days

‘day’ means a day counted from midnight to midnight, including all days of the month, Saturdays, Sundays, and public holidays.

‘fees’ means a charge, mark-up, and commission charged by the Service Provider to purchase and sell any item listed on this website.

‘sign’ means the handwritten signature or an electronic signature that the parties agree to use of each of the parties’ duly authorized representatives

‘we,’, ‘us,’ or ‘our’ means the service provider

‘writing’ means the reproduction of information or data in physical form or any mode of reproducing information or data in electronic form that the parties agree to use but excludes information or data in the form of email

  • INTERPRETATION

The following rules apply to the interpretation of the agreement:

  • All words and phrases contained in this Agreement shall, as far as possible and with the exceptions specifically defined herein, have the usual dictionary definition assigned to them, unless such definition would be inconsistent with the context within which the word and/or phrase is used, or would result in absurdity or ambiguity.
  • Where a word and phrase are used in a context that requires a technical definition to be ascribed to such a word and/or phrase, and the same is not specifically defined in this Agreement, such technical definition shall be assigned to the word and/or phrase as far as possible.
  • Any interpretation of this Agreement must promote the validity, rather than the invalidity, thereof
  • Where any term, condition, and clause of this Agreement has more than one possible interpretation, the interpretation favouring the Service Provider must be used.
  • The contra proferentem rule does not find application in terms of this Agreement.
  • Where any part of this Agreement becomes illegal, unenforceable, and contra bonos mores such part must as far as possible be severed from this Agreement to promote the validity and continuity of the remainder of this Agreement.
  • Should any part of this Agreement be severed as per above, that portion of the Agreement will be governed by the prescripts of the law, or the naturalia, as to ensure the validity and the continuity of the remained of this Agreement.
  • Unless the context indicates otherwise, this Agreement encapsulates and incorporates all other Agreements between the Third Party and the Service Provider.
  • In the event of any conflicting provisions between this Agreement and any other agreement between the Third Party and the Service Provider, the provisions of this Agreement shall take preference.
  • The provisions of the documents comprising this Agreement, as defined in Clause 1 above, must as far as possible be construed and interpreted to promote the validity of all such records.
  • Where either the Privacy Policy and the Advertising Policy contains a provision that conflicts with another provision contained in these Terms and Conditions, preference must be given first to the provision in the Privacy Policy and the Advertising Policy.
  • No interpretation against the draftsman – the rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply

  • Number of days – when any number of days is prescribed, the first day will be excluded and the last day included

Other: –

  • Non-exhaustive lists – whenever a clause lists specific examples or items following a listing word, such as ‘including,’ ‘includes,’ ‘excluding,’ or ‘excludes,’ it will not limit its scope
  • References to enactments – references to any legislation include it as re-enacted, amended, or extended
  • References to people – references to a person include a natural and juristic person
  • References to parties – references to a party include their successors or permitted assigns

1.3 DEPARTURE

These terms apply to all our customers and are not generally open to negotiation for consistency reasons. Should the parties negotiate the nature of these terms, they will record that departure in the relevant order or other specific terms.

  1. DURATION

2.1 COMMENCEMENT

These terms start whenever you accept them by:

  • Explicitly – such as by checking a checkbox saying that you do or are agreeing to an order that incorporates them by reference
  • Using the Website or Services in any way – such as by accessing them or exercising any rights granted to you under any agreements, we have between us

2.2 AUTOMATIC RENEWAL

If an order involves a subscription, the agreement will continue automatically from the end of the initial term or subsequent automatic renewal period for an automatic renewal period equivalent to the initial term.

2.3 RENEWAL TERMINATION

Either party may terminate the agreement before the end of the initial term or subsequent automatic renewal period by giving the other party at least 30 calendar days prior written notice.

  1. ORDERS

3.1 PLACING ORDERS

You place orders with us whenever you order or start using the Website or Services. These orders are offered to us to buy access to our Website and Services.

3.2 CAPACITY AND AUTHORITY

You promise that you have the legal capacity and authority to agree to our terms of conducting business.

3.3 INVITATION TO DO BUSINESS

Marketing is merely an invitation to do business, and we only agree when we provide the services to you. This happens when we accept your offer.

3.3.1 INSURANCE QUOTES

All quotes generated on this Website are based on the information you provided and, in some cases, the information we obtain from third parties. Quotations do not constitute a contract or an invitation to contract or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided on this Website are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain the insurance coverage, you must complete all the steps on this Website through the final application through this Website, a mobile app, or otherwise. Applications are subject to underwriting review and approval.

3.4 CANCELLATIONS

We may cancel any order, but we will refund any money you have paid for that order if we do.

3.5 TIME AND PLACE

We agree when we accept the order and where we are domiciled when we do.

3.6 AGREEMENTS

Each order is a separate agreement, but you are deemed to have breached all of them if you breach one.

3.7 CREDIT CARD SECURITY

Credit card transactions will be acquired for the Service Provider via a payment gateway, which uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). No credit card details are stored on the website. Users may go to the payment gateway’s website to view their security certificate, and security policy decided upon request.

3.8 TRANSACTION CURRENCY

The payment gateway at the time of presenting payment options to the cardholder is the Republic of South Africa. Transaction Currency is South African Rand (ZAR).

  1. SERVICES

4.1 RIGHTS

We grant you a right to use the services subject to the following limitations:

  • duration of the agreement – you may only use the services for the time of the agreement
  • limited to terms – you may only use the services according to these terms
  • non-exclusive – we may allow anyone else to use the services
  • non-transferable – you may not transfer the right to anyone else
  • specified purposes – you may only use the services for the specified purposes   that we’ve communicated to you in writing from time to time
  • any other limitations agreed between the parties in writing

4.2 BREACH

We may cancel your rights if you breach the agreement.

  1. ONLINE SERVICES

5.1 BASIS

We provide the online services to you on the following basis:

-you permit us to monitor how you use them for security and stability purposes

-you agree that our records are undisputed evidence of the services provided to you

5.2 ACCESS CONDITIONS 

We will only provide online service access to you or your authorized users (where you are a business) on the conditions that you or each one of them will:

  • accurately provide us with any information that we ask for on registration or account creation
  • create or have the necessary credentials (such as a username and password) assigned to them on registration or account creation
  • look after their credentials and not give them to anyone else
  • not interfere with or introduce any malicious software into the online services or otherwise misuse them
  • be responsible for any activity that happens under their account, even if someone else was acting under their credentials
  • have the necessary infrastructure, equipment, and software to access the online services
  • abide by the agreement and any policies that we communicate to you in writing
  • and any other conditions agreed between us in writing

5.3 AVAILABILITY

We will do our best always to make the online services available. However, we cannot guarantee that they will always be available. We may make them unavailable for scheduled and emergency maintenance.

  1. YOUR DATA

6.1 DEFINITION

The agreement consists of these terms of service and any orders or any other specific terms applicable to the services.

Your data is any data belonging to you or your customer that:

  • you or your customer (or any third party on your behalf) that you provide to us
  • we generate, process, or supply to you or your customer in providing the services
  • but excludes any derived data that we create for our purposes, or which is proprietary or confidential to us or our third-party contractors.

You own all your data but give us a right to use it to provide the services when you give us access to it.

6.3 WHAT WE OWN

We do not own any of your data. However, we do acknowledge our derived data. Your data does not include any derived data we create for our internal purposes. Derived data is any of the data that we create from your data, such as through aggregation, de-identification, or anonymization.

6.4 RESPONSIBILITY

We take the protection of your data very seriously and will always do everything in our power to protect it. To that effect, we will:

  • comply with all relevant laws that affect your data, including the Protection of Personal Information Act 4 of 2013 (POPIA), data protection, retention, and destruction laws.
  • implement and maintain adequate security safeguards that include, but are not limited to, administrative, technical, and physical safeguards, and appropriate technical and organizational measures, in each case, adequate to ensure the security and confidentiality of personal information,
  • protect against any anticipated risks to the security or integrity of personal information,
  • protect against unauthorized access to or use of personal information,
  • protect personal information against unlawful processing or processing otherwise than by these terms of service,
  • protect against accidental loss, destruction, damage, alteration, or disclosure of personal information have due regard to leading industry information security            management codes of practice, where appropriate
  • have an individual oversee compliance with relevant data protection laws.
  • not sell, dispose of, or encumber any of your data or try to do any of those things
  • be able to identify any of your data separately from any other data under our control
  • not disclose any personal information from your data other than in terms of the agreement.

In the event of any actual, suspected, or alleged security breach, including, but not limited to, loss, damage, destruction, theft, unauthorized use, access to, or disclosure of any personal information, we undertake to:

  • notify you as soon as practicable after becoming aware of such an event.
  • provide the information regarding the breach that we acknowledge and have in our possession to allow you to ascertain what has occurred and which personal information has been affected.
  • promptly take whatever action is necessary to minimize the impact of such an event and prevent such an event from recurring.

As a result of this, you consent to Yellowish.io sharing personal information for cross-border exchanges. Should the user’s personal information be shared cross border, the personal information will not be subject to less protection than it enjoys in terms of South Africa’s data privacy laws.

You consent to the company processing any special personal information provided herein in section 26 of POPI.

We have data operator agreements in place to ensure that the operator maintains the security measures referred to in section 19 of POPIA, which requires the operator to establish and maintain confidentiality and security measures to ensure the integrity of the personal information.

6.5 SUBCONTRACTING

Subcontracting involves engaging a subcontractor outside our organization to do work as part of providing the services. We may subcontract work involving your data, provided that:

  • where we have already subcontracted or are in the process of subcontracting work involving your data before the conclusion of this agreement, we inform you in writing of any pre-existing subcontractors
  • where we wish to engage a subcontractor after the conclusion of this agreement, we get your written permission to subcontract work involving your data beforehand
  • we notify you in writing of (i) the purpose of sharing your data with the subcontractor; and (ii) how we have carried out due diligence on them
  • we do so only through a written agreement with the subcontractor, which imposes the same obligations on them as are imposed on us
  • we remain fully liable for any processing of your data under the agreement by our subcontractor

6.6 LOCATION

Your data will remain wherever we place it initially unless we must transfer it to another country to comply with your obligations. We will ask for and get your consent before OR You consent to us transferring it to our group of companies, associated companies, service providers, or agents in other countries to provide the services

6.7 ACCESS AND DELETION REQUESTS

The right to be forgotten in POPIA allows for the deletion of personal information that is “inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.”

You can complete our form here to request a record of your data or the deletion of all personal information on our systems.

  1. CONFIDENTIAL INFORMATION

7.1 DEFINITION

Confidential information is any information that the parties share in this agreement. The other party should keep its secrets, such as personal information, business records, or customer details.

7.2 RESPONSIBILITIES

Each party will keep any confidential information it receives from the other party under the agreement confidential, and the receiving party will:

  • protect the other party’s interests
  • only use it to comply with their responsibilities under the agreement
  • only give it to their employees or agents that need it (and only as much as they need)
  • use reasonable security procedures to make sure their employees or agents keep it confidential
  • get promises of confidentiality from those employees or agents who need access to the information
  • not reveal the information to anyone else
  • not use it for any purpose other than under this agreement

7.3 END OF AGREEMENT

The parties will give back to the other all confidential information of the other that they have at the end of the agreement, unless:

  • the other party agrees that they may destroy or retain it instead
  • it is lawfully in the public domain
  • someone else (a third party) who is allowed to reveal it gives it to them
  • someone gives it to them to comply with a court order or other legal duty

7.4 INDEMNITY

Each party indemnifies the other against any loss or damage that the other may suffer because of a breach of this clause by a party or its employees or agents.

7.5 SURVIVAL

This clause about confidential information is separate from the rest of this agreement and remains valid for five years after the end of this agreement.

  1. MARKETING

8.1 SUBSCRIPTION AND OPT-IN

By using our website or Services (we collect your data as described in section 5 of our Privacy Policy) you become our customer and can thus be marketed to on an opt-out basis. We may contact you via email, telephone, SMS/text messages, postal mail, social media platforms, instant messaging systems, and via push notifications (collectively “Marketing Channels”) with marketing material until you opt out.

   8.2 DIRECT MARKETING OBLIGATIONS AS PRESCRIBED BY S 69 OF POPIA

   8.2.1 The Company may only approach a data subject considering the following:

  • Their consent is required.
  • If they have not previously withheld consent; and
  • The Company may only approach a data subject once.

8.3 HOW DOES THE COMPANY OBTAIN CONSENT

The subject’s consent must be requested in the following ways:

  • Manual opt-in form.
  • In The Company client contracts; and
  • In written consent either via a signed document or in email.

8.3.3 OPT-IN ON THE COMPANY WEBSITE

When is the processing of personal information for direct marketing purposes allowed? Processing the personal information of a customer or data subject is acceptable if:

  • The client’s contact details were obtained when a sale of a product or service is made.
  • For similar products that are in the client’s best interest.
  • For the primary purpose of marketing only; and
  • The client or data subject has not refused to receive communication or has previously opted out.

8.4 UNSUBSCRIBE  / OPT-OUT

8.4.1       You can opt-out from marketing for a specific email address by clicking the unsubscribe link on marketing-related emails you received (not including emails generated by our website or Services about your direct use of our website, i.e., responses to adverts placed).

8.4.2       You can opt-out from SMS marketing (free of charge) by sending STOP.

8.4.3       You can opt-out from Push Notifications by removing the website you give permissions to in the Notification settings of your browser.

8.4.4       You can manage your cookie preferences by clicking here:

Cookie Settings

8.4.5        Please note that it could take up to three workdays for opt-out requests to fully take effect.

8.4.6       Manage Preferences – Update your interests and subscriptions by sending an email [email protected]

8.5 COMPLAINTS PROCEDURE

If you feel that you received communication from us that you did not consent to, or if you suspect that your information might have been accessed without your permission, we ask that you follow our simple complaints procedure on the following link. 

  1. ADVERTISING

We have created advertising rules to comply with various legislation, ensure quality advertising, improve safety, and protect animals.

  1. CONTACTING ADVERTISERS

10.1      We provide a facility on the Website and Service/s whereby users can respond to advertisers through SMS, Calls, Emails, and WhatsApp (collectively: Communication Services). These Communication Services are provided solely to facilitate a means whereby customers can contact advertisers. This facility may not be used to send spam or any commercial marketing message to the advertiser. These messages are monitored for any such activity to ensure quality, improve safety, and stop spam.

10.1.2   By way of example, and not as a limitation, the User agrees that when using a    Communication Service, they will not:

  • Defame, abuse, embarrass, harass, stalk, slander, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless owned by or control the rights to it or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s a computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another user of a Communication Service that the User knows or reasonably should know.
  • Falsify or delete any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material in an uploaded file.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines applicable to any Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Create a false identity or;
  • Use or attempt to use another’s account, password, service, or system without authorization from the Company.
  • Access or attempt to access any service or content that the User is not authorized to access.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and remove any materials at its sole discretion. The Company reserves the right to terminate the User’s access to any or all the Communication Services at short notice for any reason whatsoever.

The Company always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at the Company’s sole discretion.

The User should always use caution when giving out any personally identifying information to any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service. Therefore, the Company expressly disclaims any liability about the Communication Services and any actions resulting from the User’s participation in any Communication Service. Managers and hosts have not authorized Company spokespersons, and their views do not necessarily reflect those of The Company

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and dissemination. The User is responsible for adhering to such limitations when and if downloading such materials.

  1. AMENDMENTS

11.1 OWNERSHIP

We or our third-party licensors own all proprietary rights in our services, and they or we may prosecute you for any violations of those rights.

11.2 OUR TECHNOLOGY

Our technology is anything that we have or acquire rights to and may use to perform our obligations under the agreement.

11.3 RETENTION OF RIGHTS

We own all intellectual property rights in our technology, and you may not use those rights without our permission. You do not acquire any rights to our technology if we use it to provide services to you.

11.4 TRADEMARKS

Our trademarks are our property, and you may not use them without our permission. All other trademarks are their respective owners’ property.

11.5 RESTRICTIONS

You may not change, hire out, reverse engineer, or copy the services without our permission.

11.6 YOUR INTELLECTUAL PROPERTY

You grant us a non-exclusive and royalty-free license to use any of your trademarks and copyright works that you deliver to us to provide the services. We may not use them for any other purpose without your prior written permission. The license expires automatically when the agreement ends. You retain all rights in your trademarks and copyright works despite this license.

  1. NON-SOLICITATION

You will not contract with any of our personnel, other than through us, who were involved in providing services under an order for the duration of that order or 12 calendar months after its termination.

  1. FEES AND PAYMENT

13.1 PAYMENT

You will pay us the fees on the due date in the manner agreed between the parties in writing. You may not withhold payment of any amount due to us for any reason.

13.2 LATE PAYMENT

Additional charges agreed between the parties in writing apply to any payment we receive after the due date, and you must pay them to us on demand. We may stop providing any services until you have paid all amounts owing.

13.3 INTEREST

Overdue amounts on any outstanding invoice will bear interest for our benefit from its due date until you pay it at whichever rate is higher between:

2% above the prime (or prime lending) rate

or 15%

Interest will be payable on a claim for damages from when the damages were suffered.

13.4 APPROPRIATION

We may use any money you pay us to settle your indebtedness under the agreement, despite any reason you have delivered it to us.

13.5 CERTIFICATE

We may appoint an accountant to sign a certificate that will prove the amount due by you and the date on which it is payable.

13.6 TAX

All fees exclude any tax (unless indicated otherwise), which you will pay where applicable in addition to the costs.

13.7 PAYMENT PROFILE

We may provide any registered credit bureau with information about your payment of amounts.

  1. WARRANTIES

14.1 SERVICE WARRANTIES

We warrant that we will:

  • employ enough trained personnel with the knowledge and expertise to provide the services
  • use reasonable efforts consistent with prevailing industry standards to maintain the services
  • provide the services by all applicable laws

14.2 GENERAL WARRANTIES

We warrant further that we:

  • have the legal right and authority to perform our obligations under the agreement
  • will not knowingly introduce any malicious software into your systems
  1. DISCLAIMER OF WARRANTIES

15.1 DISCLAIMER

You use the services at your own risk, and we disclaim all other warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.

15.2 EXCLUSION OF LIABILITY

Despite our warranties, we are not liable for any defects that your negligence, failure to follow our instructions, or misuse causes.

  1. YOUR WARRANTIES

16.1 AGREEMENT WARRANTIES

You warrant that:

  • no one has induced you to agree by any prior representations, warranties, or guarantees
  • you are not breaching any other agreement by entering into the agreement

16.2 INDEMNITY

You indemnify us against any claim for damages by any third party resulting from a breach of your warranties, including all legal costs. Legal costs mean the costs that a lawyer may recover from their client for their disbursements and professional services if permissible under applicable law.

  1. LIMITATIONS OF LIABILITY

17.1 DIRECT DAMAGES LIMITED

We are only liable to you for any direct damages that the services may cause up to a maximum amount of R1000.00.

17.2 INDIRECT DAMAGES EXCLUDED

We are not liable for any other damages or losses that the services may cause you.

17.3 YOUR DEFAULT

We are not liable for any damage or loss that your breach, misrepresentation, or mistake causes.

  1. BREACH AND TERMINATION

18.1 BREACH

If either party:

  • does not fix a breach within seven days of receiving written notice from the other party
  • breaches the agreement materially twice or more in six months
  • is bankrupt or has some legal disability
  • takes steps to close or is closed (such as becoming insolvent or entering sequestration)
  • makes any settlement or arrangement with their creditors
  • or fails to pay a court order against themselves for a significant amount within 21 days

then the other party may:

  • make the party comply with the agreement
  • or immediately cancel the agreement in writing and claim damages from the other party, including fees already due

18.2 SUSPENSION

We may immediately suspend your right to use the services if:

  • you try to gain unauthorized access to them
  • we decide that your use poses a security threat to us or another user other than you
  • there is evidence of fraud on your account
  • or we believe you are using them for an illegal purpose or in ways that infringe a third party’s rights

18.3 TERMINATION

18.3.1 TERMINATION FOR GOOD CAUSE

We may need to terminate the agreement immediately if we:

  • discontinue or stop providing the services
  • believe providing the services could burden or pose a risk to us
  • must terminate to comply with a law
  • or determine that providing the services has become impractical
  • If we need to terminate, we will give you as much notice as reasonably possible in writing.

18.3.2 TERMINATION FOR CONVENIENCE

You may terminate the agreement or a specific order on at least 30 days written notice to us.

18.3.3 TERMINATION BEYOND HUMAN CONTROL

Neither party is responsible for a breach of the agreement caused by circumstances beyond human control. Still, the other party may cancel the contract on written notice to the other if the circumstances persist for more than 60 calendar days.

18.3.4 DUTIES ON TERMINATION

We will stop providing the services, you will no longer be able to access them, and we may erase your data on termination, cancellation, or expiry of the agreement.

  1. EFFECT OF TERMINATION

19.1 ACCELERATION

All amounts due to us for the services become due and payable on termination, cancellation, or expiration of the agreement.

19.2 ASSISTANCE

We may provide you with post-termination assistance (such as data retrieval) subject to additional fees and conditions but are not obliged to.

19.3 NO EXPECTATION

The agreement does not create any expectation of continued service, renewal, or other agreement between the parties.

  1. GENERAL

20.1 GOVERNING LAW

Upon registering for the use of the services offered on the website, you agree and acknowledge that these Terms Of Service will be governed by the Republic of South Africa laws.

20.2 RESOLVING DISPUTES

Either party may inform the other in writing if there is a dispute. The parties must first try to negotiate to end the conflict, enter mediation if negotiation fails, and finally, go to arbitration if mediation fails. If they go to arbitration, they will agree in writing on a recognized and appropriate forum for arbitration accessible to both parties.

20.3 MEDIATION

If negotiation fails, the parties must refer the dispute to mediation under AFSA’s rules. AFSA means the Arbitration Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead).

20.4 ARBITRATION

If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Cape Town. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within ten business days after the referral, the Secretariat of AFSA will appoint the arbitrator.

  • The Third Party and Service Provider may apply to have any settlement, mediation, and arbitration reached between them made an order of Court.
  • Should the Third Party approach any Court to settle a dispute arising due to this Agreement or to appeal and review any compensation or mediation. Arbitration reached in terms of Clause 20.4.1 shall provide security, to the satisfaction of the Court, for any cost order which may arise because of an order of the Court, provided that such protection shall not be less than ZAR100 000.00 (One Hundred Thousand South African Rand).

20.4.3     Upon registering for the use of the services offered on the website, the Third Party agrees and acknowledges that it shall be liable for any costs arising and incurred by the Service Provider as a result of the enforcement of any rights which the Service Provider has in terms of this Agreement, or the recovery of any money due and owing to the Service Provider, including any collection charges, tracing costs, legal fees on an Attorney-own Client scale, and cost of counsel, regardless of the costs being incurred prior and/or during the institution of legal proceedings, or if a judgment has been granted in connection with the satisfaction and/or enforcement of any judgment against the Third Party.

20.5 JURISDICTION

You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you in connection with this agreement, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to our right to institute any action in any other court having jurisdiction.

20.6 NOTICES AND DOMICILE

The parties will send all notices to each other’s email addresses and choose their respective street addresses as their service addresses for all legal documents. Our email and street addresses are available on our website, while you provide your email and street addresses to us when agreeing. The parties may change either address on 14 calendar days’ written notice.

20.7 ASSIGNMENT

You may not assign the agreement to anyone. We may transfer it to any successor or purchaser of our business or some of our assets.

20.8 RELATIONSHIP

The agreement does not create any agency, partnership, or employment relationship between the parties.

20.9 ENTIRE AGREEMENT

The agreement is the entire agreement between the parties on the subject.

20.10 CHANGES

We will notify you of any changes to the agreement by email. Those changes will only apply to future service orders. If you disagree with the changes, you must stop using the services. If you continue to use the services following notification of a difference, the changed terms will apply to you, and you will be deemed to have accepted them.

20.11 WAIVER

Any favour we may allow you will not affect our rights against you.

20.12 SEVERABILITY

Any invalid, unenforceable, or illegal term may be removed from the agreement without affecting the rest of it.

20.13 LINKS TO OTHER SITES

Our website may contain links to other websites on the Internet. We are not responsible for and do not endorse the content, products, or services of any third-party Websites, including, without limitation, sites framed within our website or third-party advertisements. We do not make any representations regarding their quality, content, or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions for such websites.

20.14 COMMENTS AND SUGGESTIONS

We welcome your comments and feedback. All comments, suggestions, or other information you send to us will become our property, and you agree that all intellectual property rights therein are transferred to us. You understand that any postings to our publicly available portions of the Yellowish.io Website are non-confidential for all purposes.

UPDATED MAY 2022