Last update: 30/09/2022
Yazi strives to make every user interaction a pleasure by ensuring that we fulfil our duties and obligations to every one of our valued users. In order to do so, we would like to take this opportunity to share with you our Terms and Conditions of Use and Service (“Terms”), where all users of Yazi can see the exact details of how we value professional transparency and ethical conduct in all of our operations.
Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit the risk or liability of Yazi, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Yazi, or are an acknowledgement of any fact by you.
These Terms govern the access and/or use by you, an individual from within South Africa, of applications, websites, content, products, and services (the “Products and Services”, or the “Application”) made available by Yazi (PTY) LTD, Registration Number 2020/635132/07 (“Yazi”).
The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Products and Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” used refer to Yazi or its possession.
Not all terms are necessarily defined in order.
1. INTRODUCTION
Your access to and use of the Products and Services and/or Application constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Yazi. If you do not agree to these Terms, you may not access or use the Products and Services.
These Terms expressly supersede prior agreements or arrangements with you and Yazi. Yazi may immediately terminate these Terms or any Products and Services with respect to you, or generally cease offering or deny access to the Products and Services or any portion thereof, at any time, for any reason.
Additional terms may apply to certain Products and Services, such as policies for a particular activity, and such supplemental terms will be disclosed to you in connection with the applicable Products and Services. Supplemental terms are in addition to and shall be deemed incorporated into the Terms for the purpose of the Products and Services.
Yazi may amend these Terms from time to time. Amendments will be effective upon Yazi’s posting of such updated Terms on this location or the amended policies or supplemental terms on the applicable Products or Services. Your continued access or use of the Products and Services after such posting constitutes your consent to be bound by the updated Terms, as amended.
Our collection and use of personal information in connection with the Products and Services is as provided in Yazi’s Privacy Policy provisions. Yazi may provide to a related third-party any necessary information (including your contact information) to render aspects of the Products and Services, or if there is a complaint, dispute or conflict which requires the information.
2. THE PRODUCTS AND SERVICES
The Products and Services constitute a technology platform that enables employees and/or contractors of a Client to use Yazi’s mobile applications or websites (the “Application”) to engage with their third-party customers or clientele. Services are provided to the Client and its users as part of the Client’s use of the Application.
Different Packages can be selected by the Client, with different features and functionalities as selected by the Client.
In order to use aspects of the Products and Services, you must input certain information onto the Application. This information may include, amongst other information, your name, physical/email address, and contact details. Your submission and our use of your information is protected by our Privacy Policy.
The Products and Services are currently available for use in the Republic of South Africa.
3. RELATIONSHIP BETWEEN THE PARTIES
Yazi is a provider of a technology platform (the “Application”, or “Products and Services”) that enables a Client’s employees and/or contractors to use the Application to engage with their third-party customers or clientele. Support services are provided by Yazi to the Client and its users as part of the use of the Application.
The Client pays a monthly fee to Yazi to enable its employees and/or contractors to use the Application / Products and Services.
If you make use of the Application / Products and Services, you do so entirely at your own risk.
Subject to your adherence to the Terms, Yazi grants to you a personal, non-exclusive, non-assignable and non-transferable licence to use and display all content, intellectual property and information contained on the Application on any device for which you are the primary or controlled user. However, nothing contained on the Application should be construed as granting any licence or right to use any intellectual property without the prior written permission of Yazi.
The Products and Services may be made available or accessed in connection with third-party services and content (including advertising) that Yazi does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Yazi is not responsible or liable for any products or services offered by such third-party providers.
4. YOUR USE OF THE PRODUCTS AND SERVICES AND WARRANTIES
You must be at least 18 (eighteen) years of age and of full legal capacity to input information and/or use the Products and Services and/or Application.
You may not authorise third parties to use your personal information, and you may not allow persons under the age of 18 (eighteen) to use the Products and Services or your information.
You agree to comply with all applicable laws when using the Products and Services and you may only use the Products and Services for lawful purposes. You will not, in your use of the Products and Services, harass or abuse or cause nuisance, annoyance, inconvenience or property damage, whether to Yazi, or any other party.
You are responsible for obtaining the data network access necessary to use the Products and Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Products and Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Products and Services and Applications and any updates thereto.
Yazi does not guarantee that the Products and Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Products and Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
5. GENERAL USER RESPONSIBILITIES AND WARRANTIES
By using the Application and/or the Products and Services, you warrant that you:
1. have read and agreed to these Terms and will use the Application in accordance with them;
2. have not made any misrepresentations and any information provided by you is true, accurate and complete;
3. will not post, upload, replicate or transmit any abusive content on the Application that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Products and Services;
4. will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Application including but not limited to uploading or making available files containing corrupt data or viruses via whatever means, or deface, alter or interfere with the front end ‘look and feel’ of the Application or the underlying software code;
5. will not infringe any third-party or the Application’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute; and/or
6. will not facilitate or assist any third-party to do any of the above.
6. PAYMENT
The Client pays a monthly fee to Yazi to enable its employees and/or contractors to use the Products and Services to engage with their third-party customers and clientele. The fee is stipulated by the Products and Services package options selected by the client, offering different features and functions as selected by the Client.
Yazi may from time to time provide certain Clients with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Products and Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Products and Services.
You may contact us via email at accounts@askyazi.com to request further information or clarity on pricing.
7. RECEIPT AND TRANSMISSION OF DATA MESSAGES
Data messages, including e-mail messages, sent by you to Yazi will be considered to be received only when acknowledged or responded to.
Data messages sent by Yazi to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
Yazi reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content and to take appropriate action against the sender of such e-mail or data message where necessary.
Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Yazi is therefore not responsible for the accuracy of any message sent by e-mail or the Application over the internet, whether from Yazi to a user or from a user to Yazi.
8. HYPERLINKS, DEEP LINKS, FRAMING
The Application may include links to other internet websites (“the other sites“). Yazi does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
Yazi does not purport to own the content on other sites which may be shown on the Application. Should the owner of any content showcased on the Application want the content to be removed, please write to accounts@askyazi.com and Yazi will engage with you on the removal of the content.
9. ADVERTISING AND SPONSORSHIP
The Application may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Application complies with all applicable laws and regulations.
Yazi, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
10. INTELLECTUAL PROPERTY PROTECTION
All material, information, data, software, icons, text, graphics, lay-outs, user-interfaces, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright, service marks, the organisation and layout of the Application, underlying software code and/or everything submitted by you to the Application and Yazi in the use of the Products and Services (“the intellectual property”), are owned (or co-owned or licensed, as the case may be) by Yazi, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Application and related to the Services are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, content, graphics or other material on the Application or the underlying software code whether in whole or in part, without the written consent of Yazi first being granted, which consent may be refused at the discretion of Yazi. No modification of any intellectual property, content or graphics is permitted.
Yazi reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Application, or to suspend or terminate the Application and/or Products and Services, at any time without notice; provided that any action already concluded through the Application will not be affected by such suspension or termination, as the case may be.
Where any of the Application’s and/or Products and Services’ intellectual property has been licensed to Yazi or belongs to any third-party, other than that which has been submitted by a user to the Application in the use of the Products and Services, all rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third-party terms and conditions.
Any enquiries regarding any of this clause relating to intellectual property must be directed to Yazi at accounts@askyazi.com
11. DISCLAIMERS AND WARRANTIES
The Application, including any intellectual property appearing therein, is provided “as is” and “as available”. Yazi makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Applications or the information contained on them.
All information or opinions of users made available on the Application in relation to any of the Products and Services are those of the authors and not Yazi. While Yazi makes every reasonable effort to present such information accurately and reliably on an Application, Yazi does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Application.
Yazi, its members, employees and partners accept no liability whatsoever for any loss, injury or death, whether financial or physical, direct or indirect, consequential or arising from information made available on (or by means of) the Application and/or transactions or actions resulting therefrom.
Yazi, its members, employees, partners and affiliates accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, and/or injury resulting from the facilitation and offering of the Products and Services, and access to, or use of, the Application in any manner.
Yazi takes reasonable security measures to ensure the safety and integrity of the Application and to exclude viruses, unlawful monitoring and/or access from the Application. However, Yazi does not warrant or represent that your access to the Application will be uninterrupted or error free or that any information, data, content, software or other material accessible through an Application will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Application remains solely at the user’s own risk and the user should take their own precautions accordingly.
12. INDEMNITIES
You indemnify and hold harmless Yazi, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third-party and arising out of or in connection with your use of the Application and/or Products and Services offered or ordered through the Application in any way.
You agree to indemnify, defend and hold Yazi harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.
This clause will survive termination of this agreement.
13. COMPANY INFORMATION
Application owner: Yazi
Legal Status: Yazi is a (Pty) Ltd company
Registration Number: 2022/691981/07
Director: HW Elcock
Description of main business: Provision of technology applications, products and services
Telephone number: 082 553 8442
E-mail address: accounts@askyazi.com
Application location: Cape Town
Address: Office 15 Island Works, 20 Cumberland Road, Paarden Eiland, 7405
Guarantees or professional indemnity or fidelity insurance cover held, or not: Yazi does not have professional indemnity insurance
14. DISPUTE RESOLUTION AND GOVERNING LAW[T2] [HE3]
Your access and/or use of the Application, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
Please contact accounts@askyazi.com in writing should you have any complaint or dispute with Yazi or the Application and/or Products and Services, which correspondence we shall confirm as received, and deal with appropriately as quickly as possible.
Should any dispute, disagreement or claim arise between the parties concerning the use of the Application and/or the Products and Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert, who shall mediate the discussion on their behalf.
Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the Cape Town Magistrates’ Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
15. TERMINATION OF USE OF PRODUCTS OR SERVICES
In addition to the conditions provided for above, Yazi reserves the right to terminate and cancel your use of the Application and/or the Products and Services if you breach any of the Terms, or for any other reason.
If you wish to terminate your agreement with Yazi, you may do so by discontinuing your use of the Application and/or the Products and Services.
The obligations and liabilities of the parties incurred prior to the termination date of the agreement shall survive the termination of this agreement for all purposes.
16. NOTICES AND SERVICE ADDRESS
Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
1. in the case of Yazi, at accounts@askyazi.com ; or
2. in the case of the Client, at the e-mail and/or addresses provided by the Client to Yazi.
Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
17. GENERAL
This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
No indulgence, leniency or extension of time granted by Yazi shall constitute a waiver of any of Yazi’s rights under these Terms and, accordingly, Yazi shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past, or which might arise in the future.
Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
Should you have any complaints or queries, kindly address an email to accounts@askyazi.com advising Yazi of the same.
Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgement issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto.
%202.png)