Terms and Conditions
Last updated: Mar 28th, 2019
The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you and Scouta (Pty) Ltd. (trading as Scouta), a South African Company. By using or receiving any services supplied to you by the Company (together with the website located at scouta.me, collectively, the “Service”), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://scouta.me/terms-and-conditions/ or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at email@example.com.
THE COMPANY DOES NOT PROVIDE LABOUR SERVICES, AND THE COMPANY IS NOT A LABOUR SERVICE PROVIDER. IT IS UP TO THE THIRD PARTY SERVICE PROVIDER TO OFFER SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE LABOUR SERVICES OR ACT IN ANY WAY AS A LABOUR SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Scouta is a Platform
The Service is a communications platform for enabling the connection between individuals seeking to obtain lavour services and/or individuals seeking to provide services. The Company checks the backgrounds of service providers via third party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such service providers. When interacting with service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither the company nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any user of the service. The company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service.
Representations and Warranties
By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from the country, state and city in which you are present while using the Software or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset.
By using the Software or the Service, you agree that:
- You will only use the Service or Software for lawful purposes; you will not use the Service for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Software in any way whatsoever.
- You will not copy, or distribute the Software or other content without written permission from the Company.
- You will only use the Software and Service for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification provided to you which allows access to the Service.
- You will provide us with whatever proof of identity the Company may reasonably request.
- You will only use an access point or data account that you are authorized to use.
- When requesting services by SMS, you opt-in to receive text and Facebook messenger messages and emails from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.
License Grant & Restrictions
The Company hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Any fees which the Company may charge you for the Software or Service are due prior to your job in order to confirm an appointment for your job, and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing – Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
Use of the Service
Where we describe Service Providers as “vetted” or similar, we are promising only that we have carried out certain checks as specified on our Website at the time you make a Booking and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Nor can we guarantee that the Service Providers are otherwise suitable for your purposes. You use Service Providers at your risk.
Supply of Services:
- Your order is an offer that is only accepted when we send you an email on behalf of one of your selected Service Providers confirming your order.
- You agree to treat Service Providers courteously and lawfully. You agree to provide a safe and appropriate working environment for Service Providers in compliance with all applicable laws and regulations and that you will provide reasonable co-operation to Service Providers to enable them to supply Services.
- You agree to communicate any complaints to us and not the Service Provider. You agree to comply with our complaint and other policies on our Website as may be varied from time to time.
- You acknowledge that your nominated Service Provider may be unavailable from time to time e.g. through illness or vacation or leaving our service.
- You agree that during the period of this agreement you will not book any services from, or engage, any Service Provider outside of our Website. You agree not to engage any Service Provider for 6 months after termination of this agreement.
Payment for Services / Cancellation by You:
- You must maintain a valid cheque / credit card registered on our Website. You must ensure that all contact and payment information (eg email address, physical addresses, cheque / credit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.
- Prices include any applicable VAT or other sales tax unless otherwise stated.
- Upon booking, The Company will reserve the estimated booking amount on your active cheque / credit card. Once the job has been completed, the full actual amount due for the booking appointment will be debited from your active cheque / credit card. For Repeat Bookings, you authorise us to charge your cheque / credit card after the scheduled end-time for the visit.
- We may at any time change the prices. We will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should cancel this agreement as explained below. Otherwise the Services supplied after the expiry of the one month’s notice will be at the new price.
- You can at any time cancel any individual visit, a Repeat Booking or this agreement as a whole via the platform or by contacting us. There is no charge if you cancel the appointment before the cut-off time of 15h00, the day before the appointment start time for the Service Provider visit. If so, you will not be charged for the appointment. If you cancel after the cut-off time of 15h00, the day before the appointment start time, then we will charge Scouta’s administrative and Service Provider’s transport and/or lost earnings fees as applicable and as stated on our Website and booking confirmation email. This will happen by debit from your cheque / credit card and you authorise us to charge your card accordingly.
- If there is a no-show and you notify us via our Website or email within 24 hours after the scheduled start time, then we will at your option provide either a full refund of any payment made for that appointment or else use reasonable endeavours to re-arrange the appointment. We reserve the right not to make a refund or re-arrange an appointment if we are not notified within that 24 hour period.
If any amount due by you is unpaid, we may:
- Charge reasonable additional administration costs; and/or
- Charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the National Credit Act of 20015, and/or
- Arrange of the supply of Services to be suspended; and/or
- Cancel this agreement on written notice (including email).
Cancellation by us:
- We may at any time without cause cancel any particular Booking or this agreement as a whole including your right to use our Website, giving notice by email to the extent reasonably practicable. If so, we will refund any amounts due to you for outstanding paid for job appointments.
Following cancellation of this agreement:
Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Website if we have given you notice of cancellation.
Changes to the terms and conditions:
- We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised agreement if you continue to use our Website or the Services following the effective date shown.
- You are responsible for your Content.
- You must not publish or send any Content (including links or references to other content) which is threatening, harassing, invasive of privacy, defamatory, offensive, racist, hateful, discriminatory or abusive or which we otherwise consider to be inappropriate;
- If you post a Review, you also promise that it is your independent, honest, genuine opinion.
- You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Website and these terms and conditions.
- We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
- We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
- We reserve the right to irretrievably delete your Content at any time.
The content of other Users:
- We do not endorse or recommend any Reviews by other Users. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Reviews.
- Your account on our Website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
Functioning of our Website:
- We cannot guarantee that the Website will be uninterrupted or error-free.
- We are entitled, without notice and without liability, to suspend the Website for repair, maintenance, improvement or other technical reason.
- Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited.
- You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- Such loss or damage was not reasonably foreseeable by both parties;
- Such loss or damage is caused by you, for example by not complying with this agreement; or
- You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Website (subject of course to our obligation to mitigate any losses).
Employment and Tax
Scouta is not an employment service and does not serve as an employer of any User or Service Provider. As such, Scout will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with the use of these Services. You understand and agree that if Scouta is found to be liable for any tax or withholding tax in connection with these Services, then the Service Provider will immediately reimburse and pay to Scouta an equivalent amount, including any interest or penalties thereon.
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
Privacy; ECT Act
Please visit scout.me/privacy to understand how the Company collects and uses personal information. The Electronic Communications and Transactions Act of 2002 (the “ECT” Act) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under South African copyright law. If you believe in good faith that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the ECT Act (http://www.internet.org.za/ect_act.html). Notices and counter notices with respect to the Service or Software should be sent to the Company at:
72 Orange Road
By Email: firstname.lastname@example.org
Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of job services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
Disclaimer of Warranties
The company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. The company does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software (including any job services) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service (including any job services) will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
The company’s service and software may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
In no event shall the company’s aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantages). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
The company may introduce you to third party job service providers for the purposes of providing job services. We will not assess the suitability, legality or ability of any third party job service providers and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party job service provider. The company will not be a party to disputes, negotiations of disputes between you and such third party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service.
The quality of the job services scheduled through the use of the service or software is entirely the responsibility of the third party provider who ultimately provides such job services to you. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
By using the service or software, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not think they are reasonable, you must not use the service or software.
The Scouta Satisfaction Guarantee is available to Users of the Service and is the sole liability of The Company to Users of the Service. If you are not satisfied with the quality of the initial Service requested and paid for through the Platform, then another Service Provider will be provided to re-perform the Service ordered at no additional charge to the User. The hours granted will be based on tasks completed poorly or not completed at all at the discretion of the Company.
The User is eligible for the Satisfaction Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the booking appointment via email to email@example.com. For recurring services, each booking is treated as a separate occurrence.
Coverage Under the Satisfaction Guarantee:
A User will be covered under the Satisfaction Guarantee for every booking, subject to the exclusions below, provided:
- The booking is agreed to between a User and a Service Provider through the Platform, performed by the Service Provider hired by the User and paid for in full through the Platform;
- You have reported the claim within 72 hours of the booking; and
- Your account is in good standing with no outstanding balances owed to the Company.
What is excluded from the Satisfaction Guarantee? The “Satisfaction Guarantee” does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from negligence of a User or third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the User or due to specific User recommendations or instructions;
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash and securities;
- losses as a result of theft of property in excess of R5 000.00 or any other intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality;
- losses based on sentimental and/or undocumented intangible value;
- losses related to repairs outside of the area where the booking was performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by the Company; and losses with insufficient documentation.
How do I submit a Claim?
First report of a claim must be made 72 hours after booking occurs. After first report, you will be asked to complete the full claim form within 7 days of receipt. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During the Company’s claims assessment process, you will be required to provide written detailed: (i) proof of ownership of damaged/missing item (ii) proof of value of damaged/missing item and (iii) proof of damage or loss. You also agree to: (i) protect and preserve any damaged property that is the basis of a claim from further damage, (ii) assist and allow the Company or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim, (iii) accept repairs and/or remediation by a Service Provider, (iv) request or accept a replacement only if repairs are proven not to be an option, (v) submit requested materials by the dates outlined by the Company’s resolutions team, and (vi) accept a replacement item subject to the standard depreciation of that item. If any part of your claim is approved, then as a condition to any payment to you under the Satisfaction Guarantee, you will be required to execute and deliver to the Company a release agreement and assign to the Company or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approval claims and any rights in any property that is recovered.
The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): Unit BG02, 72 Orange Road, Gardens, Cape Town, 8001, addressed to the attention of: Chief Executive Officer.
Controlling Law and Jurisdiction
This Website is controlled, operated and administered by Scouta from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the Services sold on the Website is illegal is prohibited. You may not use this Website in violation of South African laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between you and Scouta with regard to the use of the Content and this Website.
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Scouta on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Scouta, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. You acknowledge and agree that you and the company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.
You accept that, as a corporation, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the Service or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
Breaches of these terms and conditions
Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.
If you have any complaints, please contact us via the contact details shown on our Website or write to us at:
72 Orange Road