TERMS & CONDITIONS
ACCEPTANCE OF TERMS
Startwise (Pty) Ltd registered as a company. By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Startwise services, you agree to abide by any applicable posted guidelines for all Startwise services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
ELIGIBILITY
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
MODIFICATION
Startwise reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing Member thirty (30) days after notice to the Member is provided via email from support@startwise.co.za to your email address on file with Startwise. You agree to keep your email address on file with Startwise up to date. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
HOW THE SITE, APPLICATION AND SERVICES WORK
The Site is a platform for Members to connect and schedule Appointments in order to exchange information with other Members. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to use the Services or post a Listing, you must first register to create a Startwise Account (as defined below).
Startwise’s role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as Appointment scheduling, call queuing, call cycling, payment integration and call facilitation (see www.startwise.co.za for more details). Startwise does not provide and is not responsible for Member Content or any information or advice exchanged between Members during Appointments or otherwise. Startwise does not verify the credentials of any of its Members. You understand and acknowledge that Experts are not employees or agents of Startwise but are independent service providers using the Site, Application and Services to market their expertise to other Members and the public. You acknowledge that Startwise will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in Member Content.
Please note that, as stated above, the site, application and services are intended to be used to facilitate member interaction. Startwise cannot and does not control or guarantee the content contained in any listings or the information exchanged between members via the services. You understand and acknowledge that Startwise is not responsible for and disclaims any and all liability related to any and all listings and information provided under the services. Accordingly, all members use the site, application and services at their own risk.
USER ACCOUNT REGISTRATION
Direct Registration: To access certain features of the Site and Application and to create a Listing, you must register to create an account (“Startwise Account”) and become a Member. You may register directly via the Site or Application or as described in this section.
Third Party Registration: You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook and LinkedIn); each such account, a “Third Party Account”, via our Site or Application, as described below.
As part of the functionality of the Site, Application and Services, you may link your Startwise Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Startwise through the Site, Services or Application; or (ii) allowing Startwise to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Startwise and/or grant Startwise access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Startwise to pay any fees or making Startwise subject to any usage limitations imposed by such third party service providers.
By granting Startwise access to any Third-Party Accounts, you understand that Startwise will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Startwise Account and Startwise Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information that you post to your Third Party Accounts will be available on and through your Startwise Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable, or Startwise’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Startwise Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Startwise makes no effort to review any of the content for any purpose, including but not limited to, for accuracy, legality, or non-infringement and Startwise is not responsible for any content.
We will create your Startwise Account and your Startwise Account profile page for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Startwise Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Startwise reserves the right to suspend or terminate your Startwise Account and your access to the Site, Application and Services if you create more than one (1) Startwise Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Startwise Account, whether you have authorized such activities or actions. You will immediately notify Startwise of any unauthorized use of your Startwise Account.
LISTINGS
You (as an Expert) may create Listings to offer your services to other Members. To this end, you may need to provide information regarding the expertise you offer as well as pricing and other financial terms applicable to your offering. Listings will be made publicly available via the Site, Application and Services.
Seekers will be able to schedule an Appointment with you via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Seeker requests an Appointment, the price quoted under your Listing may not be altered.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the agreements you enter into with Seekers (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that Startwise assumes no responsibility for the content of Listings or for any Member’s compliance with any applicable laws, rules and regulations.
You understand and agree that Startwise is not involved in the interactions between Members and does not refer or endorse or recommend particular Experts to Seekers. You also understand and acknowledge that Startwise does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Members. As stated above, Startwise is not party to any agreements entered into between Members.
Startwise reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Startwise, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. You acknowledge and agree that, as an Expert, you are responsible for your own acts and omissions.
NO ENDORSEMENT
As stated above, Startwise does not endorse any of its Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Startwise with respect to such actions or omissions.
APPOINTMENTS AND FINANCIAL TERMS
Appointments and Financial Terms for Experts: If you (as an Expert) have received an Appointment request from a Member, you will be required to either confirm or reject the request within 24 hours of when the request is made (as determined by Startwise in its sole discretion) or the request will be automatically cancelled. When an Appointment is requested with you via the Site, Application and Services, we will share with you (i) the first and last name of the Seeker who has requested the Appointment, and (ii) a link to the Seeker’s Startwise Account profile page, so that you can view this information before confirming or rejecting the Appointment. When you confirm an Appointment request, Startwise will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The amount due and payable by a Seeker relating to Appointment time with you is referred to as an “Appointment Fee”. Appointment Fees are quoted in each Listing, in South African Rands and in a price per minute format (the “Appointment Fee Rate”). Please note that it is Experts, and not Startwise, which set all Appointment Fee Rates.
In consideration of the Services, Startwise charges you a fee (the “Service Fee”) based on a percentage of Appointment Fees collected on your behalf. The current applicable percentage on the Startwise Basic plan is twenty percent (20%) and ten percent (10%) on the Startwise Growth plan. The Service Fee is deducted from the Appointment Fee payable to you in respect of an Appointment. At the conclusion of each Appointment, Startwise calculates the appropriate Appointment Fee payable by the Seeker to you based on the duration of the Appointment and the applicable Appointment Fee Rate. After deducting the applicable Service Fee, Startwise remits the balance of the Appointment Fee to you via its third-party provider www.payfast.co.za or such other payment methods as may be listed on the Site or via the Application, in South African Rands. Except as otherwise provided herein, Service Fees are non-refundable.
Please note that Startwise does not currently charge fees for the creation of Listings, However, you acknowledge and agree that Startwise reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Startwise will provide notice of any Listing fee collection via the Site, Application and Services, in accordance with these Terms, prior to implementing such a Listing fee feature.
APPOINTMENTS AND FINANCIAL TERMS FOR SEEKERS
You (as a Seeker), not Startwise, are solely responsible for honouring any confirmed Appointments. If you choose to enter into a transaction with an Expert by scheduling an Appointment via the Site or Application, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing may apply. You acknowledge and agree that you, and not Startwise, will be responsible for performing the obligations of any such agreements, and Startwise is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You agree to pay Startwise all Appointment Fees due in connection with any Appointment. In order to initiate an Appointment, you understand and agree that Startwise reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, not to exceed {R10.00}, in order to verify your credit card. When an appointment is booked, Startwise will process and collect the Appointment Fees payable in accordance with the time booked. If the appointment continues after the booked times, the additional Appointment Fees will be deducted. Please note that Startwise cannot control any fees that may be charged to a Member by his or her bank related to Startwise’s collection of the Appointment Fees, and Startwise disclaims all liability in this regard.
In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Startwise or its third-party payment processor. You agree to pay Startwise for any consummated Appointments in accordance with these Terms, by one of the methods described on the Site or Application – e.g. by www.payfast.co.za. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Appointment, either directly by Startwise or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to Startwise’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your transaction is complete you will receive a confirmation email summarizing your confirmed Appointment.
GENERAL FINANCIAL TERMS
Refunds
You (as a Seeker) may cancel 24 hours prior to the appointment without penalty; Thereafter, a percentage penalty will be applicable. Thereafter, there will be a percentage penalty. You (as an Expert) may cancel a scheduled Appointment without penalty at any time. If you have been improperly charged for an Appointment that was cancelled and require a refund, please contact Startwise at support@startwise.co.za
Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Startwise cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.
USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
a) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
b) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
c) Use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
d) Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
e) Interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
f) Use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
g) Use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
h) “Stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Startwise Member;
i) Register for more than one Startwise Account or register for a Startwise Account on behalf of an individual other than yourself;
j) Contact an Expert for any purpose other than asking a question related to the Services,
k) Contact a Seeker for any purpose other than asking a question related to the Services;
l) recruit or otherwise solicit any other Member to join third party services or websites that are competitive to Startwise, without Startwise’s prior written approval;
m) Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
n) Use automated scripts to collect information or otherwise interact with the Site, Application or Services;
o) Use the Site, Application and Services to find an Expert and then complete a transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any fees related to Startwise’s provision of the Services;
p) As an Expert, submit any Listing with a false or misleading information, or submit any Listing with a price that you do not intend to honour;
q) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
r) Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
s) Use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Startwise’s name, any Startwise trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Startwise’s express written consent;
t) Access, tamper with, or use non-public areas of the Site or Application, Startwise’s computer systems, or the technical delivery systems of Startwise’s providers;
u) Attempt to probe, scan, or test the vulnerability of any Startwise system or network or breach any security or authentication measures;
v) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Startwise or any of Startwise’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
w) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
x) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
y) Advocate, encourage, or assist any third party in doing any of the foregoing.
Startwise will fully have the right to investigate and prosecute violations of any of the above of the law. Startwise may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Startwise has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Startwise reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Startwise, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
PRIVACY
See Startwise’s Privacy Policy at www.startwise.co.za/privacy for information and notices concerning Startwise’s collection and use of your personal information.
OWNERSHIP
The Site, Application, Services, and Collective Content are protected by, common law or statute related to copyright, patent, trademarks or otherwise. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Startwise and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
STARTWISE CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, Startwise grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Startwise Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Startwise or its licensors, except for the licenses and rights expressly granted in these Terms.
MEMBER CONTENT
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Startwise a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. Startwise does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Startwise the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Startwise’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
LINKS
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Startwise is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Startwise of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and agreements. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Startwise. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Startwise, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Startwise, as well as certain other of the names, logos, and materials displayed on Startwise, constitute trademarks, trade names, service marks or logos (“Marks”) of Startwise or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with Startwise or those other entities.
Although Startwise does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Startwise an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Startwise all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
COPYRIGHT POLICY
Startwise respects copyright law and expects its users to do the same. It is Startwise’s policy to terminate in appropriate circumstances the Startwise Accounts of Members who infringe or are believed to be infringing the rights of copyright holders.
TERMINATION AND STARTWISE ACCOUNT DEACTIVATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Startwise Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Startwise terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Startwise Account you will remain liable for all amounts due hereunder. You may cancel your Startwise Account at any time by contacting Startwise. Please note that if your Startwise Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to Startwise for notice of claims of copyright or other intellectual property infringement:
by email: info@startwise.co.za
Please include the following with your Notice:
The identity of the material on Startwise that you claim is infringing, in sufficient detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your address, telephone number, and email address;
A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.
DISCLAIMER OF WARRANTIES
You agree that use of Startwise and the service is entirely at your own risk. Startwise and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Startwise disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of Startwise and the service. To the fullest extent permitted by law, Startwise disclaims any warranties for other services or goods received through or advertised on Startwise or the service, or accessed through any links on Startwise or the service, including without limitation, warranty of title to or delivery of any good or service, any warranty with respect to intellectual property rights in any good or service, any warranty that any good or service conforms to its description or the colours, texture and detail shown on the user’s computer monitor. To the fullest extent permitted by law, Startwise disclaims any warranties for viruses or other harmful components in connection with Startwise or the service. No advice or information, whether oral or written, obtained by you from Startwise or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
Under no circumstances shall Startwise be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Startwise has been advised of the possibility of such damages), resulting from any aspect of your use of Startwise or the service, whether the damages arise from use or misuse of Startwise or the service, from inability to use Startwise or the service, or the interruption, suspension, modification, alteration, or termination of Startwise or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with Startwise or the service or any links on Startwise or the service, as well as by reason of any information or advice received through or advertised in connection with Startwise or the service or any links on Startwise. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify and hold Startwise, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
GENERAL INFORMATION
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and Startwise and governs your use of the Service, superseding any prior agreement between you and Startwise. The failure of Startwise to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by sending an email to support@startwise.co.za
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Startwise to pursue legal action to enforce the TOU, you will be liable to pay Startwise the following amounts as liquidated damages, which you accept as reasonable estimates of Startwise damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Startwise Ten Thousand Rand (R10,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If Startwise establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Startwise One Thousand Rand (R1,000) for each message posted in excess of such limits or for each day on which you access Startwise in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to Startwise email addresses or through Startwise computer systems, you agree to pay Startwise Five Hundred Rand (R500) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay Startwise One Thousand Rand (R1,000) for each item of Content posted. In its sole discretion, Startwise may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Startwise One Thousand Rand (R1,000) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Startwise an additional One Thousand Rand (R1,000) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without the express written permission from Startwise, you agree to pay Startwise Three Thousand Rand (R3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, Startwise retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
Startwise will send your request to the expert to schedule a consultation. All calls/ audio and video chats will take place in the App.
THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA)
CUSTOMER PRIVACY NOTICE
This Notice explains how we obtain, use, and disclose your personal information according to the requirements of the Protection of Personal Information Act ("POPIA").
At Start Wise, we are committed to protecting your privacy and to ensure that your personal information is collected and used correctly, lawfully, and transparently.
About the Company
Start Wise –On Demand Business Advice App.
https://www.startwise.co.za/
The information we collect
We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services accordingly. For this purpose, we will collect contact details, including your name and organization.
We collect information directly from you where you provide us with your details. Where possible, we will inform you what information you are required to provide to us and what information is optional.
Website usage information may be collected using "cookies," which allows us to collect standard internet visitor usage information.
How we use your information
We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.
For example:
- To gather contact information;
- To confirm and verify your identity or to verify that you are an authorised user for security purposes;
- For the detection and prevention of fraud, crime, money laundering or other malpractice;
- To conduct market or customer satisfaction research or for statistical analysis;
- For audit and record keeping purposes;
- In connection with legal proceedings.
Disclosure of information
We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.
We may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes;
- Where we believe it is necessary to protect our rights.
Information Security
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. On an on-going basis, we will continue to review our security controls and related processes to ensure that your personal information remains secure.
Our security policies and procedures cover:
- Physical security
- Computer and network security
- Access to personal information
- Secure communications
- Security in contracting out activities or functions
- Retention and disposal of information
- Acceptable usage of personal data
- Governance and regulatory issues
- Monitoring access and use of private information
- Investigating and reacting to security incidents.
When we contract with third parties, we impose appropriate security, privacy, and confidentiality obligations on them to ensure that personal information that we remain responsible for is kept secure.
We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about you. To do this, contact us at the numbers/addresses provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing your personal information.
Please note that any such access request may be subject to payment of a legally allowable fee.
Correction of your information
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to the personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act, ''personal information'' means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, we also include the following items as personal information:
- All addresses, including residential, postal, and email addresses.
- Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.
How to contact us
If you have any queries about this notice; need further information about our privacy practices, wish to withdraw consent, exercise preferences, access or correct your personal information, please contact us at the numbers/addresses listed on our website.
About Cookies
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