End User Agreement

Please read our End User Agreement carefully and contact our Customer Services team if you have any questions.

BY USING THE ANGUS BEGG WEBSITE (THE “SITE”) AND THE PRODUCTS (“THE PRODUCTS”) AND SERVICES OFFERED BY IT (THE “SERVICES”), YOU (THE “USER”) ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER AGREEMENT.

1. GENERAL

1.1) This end user agreement may be changed on reasonable notice. Such notice shall be posted on the Site: www.angusbegg.africa. Your continued use of the Site after any such changes constitutes your acceptance of the new end user agreement and its terms and conditions.

1.2) This end user agreement applies exclusively to your access to, and use of, this Site and does not alter in any way, the terms or conditions of any other agreement you may have with Angus Begg for products, services or otherwise.

1.3) The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

1.4) No failure or delay by Angus Begg to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this end user agreement or prejudice our right to take subsequent action against the User.

1.5 Angus Begg cannot screen or edit all the content available from the Anguss Begg site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Angus Begg of any content that may be offensive or illegal.

 

2. PRIVACY POLICY AND POPIA

2.1) Copyright © Angus Begg. All rights not expressly granted, are reserved. To obtain permission for the commercial use of any content on this site contact Angus Begg at me@angusbegg.africa.

2.2) To view our Privacy Policy please request this from info@angusbegg.africa.

2.3) To view Angus Begg’ PAIA Manual please request from info@angusbegg.africa

2.4) Angus Begg endeavours to comply with the provisions of the Protection of Personal Information Act (POPIA) in its processing and storing of User data in that it obtains permission from data subjects to use their personal information. Angus Begg only uses the personal information for the purpose that it was disclosed and treats personal information as confidential.

2.5) Angus Begg will never provide personal information to a third-party without the data subject and/or the responsible parties knowledge

and agreement.

2.6) Where a User discloses personal information or personal information which they have collected from their customers and clients to Angus Begg for the purpose of allowing Angus Begg to process or further process such personal information on the Users behalf (e.g. the processing of a credit card payment), such processing will be done subject to the terms of this End User Agreement (“EUA”) and the requirements of POPIA in that the personal information will only be processed with the knowledge and/or authorisation of the User, will be treated as confidential and shall not be disclosed by Angus Begg, unless required by law or during the proper performance of Angus Begg’ duties.

 

3. COPYRIGHT

This end user agreement applies exclusively to your access to, and use of, this Site and does not alter in any way, the terms or conditions of any other agreement you may have with Angus Begg for products, services or otherwise.

 

4. INTELLECTUAL PROPERTY RIGHTS

All the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to Angus Begg and as such are protected from infringement by local and international legislation and treaties.

 

LICENSES AND SITE ACCESS

5.1) Angus Begg grants you a limited license to make use of the Site. Such grant does not include, without limitation: (a) any resale of the Site or content therein; (b) the collection and use of any listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Payfast or any third-party.

5.2) You may not use, frame or utilise framing techniques to enclose any Angus Begg trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Angus Begg’ express written consent. Further, you may not use any meta tags or any other “hidden text” utilising Angus Begg name, trademark or product name without Angus Begg’  express written consent.

 

6. LINKING

6.1) You are granted a limited, nonexclusive right to use this Site provided such link does not portray Angus Begg or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use Angus Begg logo or other

proprietary graphic or trademark of Payfast to link to this Site without the express written permission of Angus Begg. This limited right may be revoked at any time.

6.2) Angus Begg makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Angus Begg and are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by Angus Begg of the site or any information contained therein. When leaving this site, you should be aware that Angus Begg terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

 

7. USER CONDUCT

7.1.1) In using this Site, and any of the services it offers, you agree:

7.1.2) Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or an affiliated or linked websites;

7.1.3) Not to violate, or attempt to violate, the security of Angus Begg. Violations of system or network security may result in civil or criminal liability. Angus Begg will investigate occurrences, which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

7.1.4) Not to disrupt or interfere with any other user’s enjoyment of the Site or an affiliated or linked websites

7.1.5) Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive content;

7.1.6) Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

7.2) In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.

 

8. INDEMNIFICATION

You shall remain solely liable for the content of any messages or other information you upload or transmit to Angus Begg. You agree to indemnify and hold harmless Angus Begg from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this end user agreement, or your violation of any rights of a third-party.

 

9. SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Angus Begg, or postings on this Site, are non-confidential and shall become the sole property of Angus Begg. Angus Begg shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Angus Begg irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

 

10. EMAIL DISCLAIMER

10.1) The information in all email messages (document and attachments) sent by an employee / electronic agent / a legal member of Angus Begg is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.

10.2) Internet communications cannot be guaranteed to be secure or error-free. Neither Angus Begg nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take note that email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will Angus Begg or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.

10.3) No employee is authorised to conclude a binding agreement on behalf of Angus Begg by email without the express written confirmation of a director of Payfast. Nothing contained in said email shall be construed as a legally binding agreement or an o er to contract.

 

11. DISCLAIMER OF WARRANTIES

11.1) You understand and agree that this site and the information, services, products and materials available through it are provided on an “as is” and “as available” basis. You expressly agree that use of this site is at your sole risk.

11.2) To the fullest extent permissible pursuant to applicable law, Angus Begg and their affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by Angus Begg or their affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty; nor shall you rely on any such information or advice.

11.3) You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the download of such content, data and/or software.

11.4) You acknowledge that Angus Begg does not control in any respect any information, products or services offered by third parties on or through this site, except as otherwise agreed in writing, Angus Begg and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.

11.5) Angus Begg do not make any warranty that this site or its content will meet your requirements, or that the site or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Angus Begg does not represent or warrant that materials in this site or information provided by Payfast via email or other means, are accurate, complete, reliable, current or error-free.

Nor do Angus Begg make any warranty as to the results that may be obtained from use of Payfast or its content or as to the accuracy, completeness or reliability of any information obtained through use of the site.

11.6) Angus Begg assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non deliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption or service interruptions.

11.7) Angus Begg disclaims any warranty or representation that confidentiality of information transmitted through this website will be maintained.

11.8) All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and Angus Begg disclaims any liability to the user in this regard.

 

12. LIMITATION OF LIABILITY

12.1) Angus Begg  have taken reasonable steps, as far as is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn’t suffer any loss or damages as a result of the use of this site.

12.2) Under no circumstances, shall Angus Begg or its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing Angus Begg or related services be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with the use or inability to use Payfast or any content provided by or through this site, or resulting from unauthorised access to or alteration of your transmissions or data, or other

information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if Angus Begg has been advised of the possibility of such damages.

12.3) Angus Begg shall have no liability to you in connection with any actions or transactions by an individual that uses your user name and password with your consent or knowledge or any cause over which Payfast does not have direct control, including, but not limited to, problems attributable to computer hardware or software (including computer viruses), telephones (or other communications equipment), or internet service providers.

12.4) Angus Begg shall have no liability to you in connection with any product, service or otherwise, purchased or used as a result of the use of this site. It is expressly understood that the user is aware that Angus Begg provides a service to bring buyer and seller or service offerer and service consumer together, and accepts no responsibility for the quality, reliability, safety, function, suitability or otherwise, of a product purchased, service used, or otherwise, as a result of the use of this site.

12.5) Angus Begg shall not be liable for any fraud, deception or misrepresentations by Users of the Service in any capacity whatsoever.

12.6) In no event shall Angus Begg be liable for any act or omission of any third-party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

12.7) Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions,

liability is limited to the fullest extent permitted by law.

 

13. USER’S LIABILITY TO ANGUS BEGG

In the event that Angus Begg takes action against you for breach of these terms of use, you agree to reimburse Payfast for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

 

14.  APPLICABLE LAW

The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.

 

15. TERMINATION

Notwithstanding any of these terms and conditions, Angus Begg reserve the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

 

16. SEVERABILITY

If any provision of this end user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this end user agreement and shall not affect the validity and enforceability of any remaining provisions.

 

17. DOMICILIUM

Angus Begg chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

 

18. TERMS

18.1) The terms “The User” and “You” are used interchangeably and refer to all individuals and/or entities accessing this website for any reason.

18.2) The terms “we” and “Anguss Begg website” are used interchangeably and refer to Angus Begg itself and all individuals and/or entities acting directly on behalf of Angus Begg.