Terms and Conditions

2 About Us

To find out more about the Company please go to our About pages.

This Website/Application is owned and operated by the Company. Access to and use of our Website/Application is subject to our general terms and conditions as set out herein ("Terms and Conditions").

3 General

3.1 Introduction

These Terms and Conditions apply to all the web and app pages related to our Website/Application and should be read together with our Privacy Policy.

Please take note that access to and use of our Website/Application is subject to these Terms and Conditions and our Privacy Policy.

By accessing our Website/Application and using our online facilities you confirm that you have read, understand and agree to be bound by these Terms and Conditions (read with our Privacy Policy) as may be updated by us from time to time. If you do not agree to our Terms and Conditions, please do not access or use our Website/Application further.

3.2 Validity and Binding Nature

These Terms and Conditions govern your relationship with us and constitute a valid and binding agreement between you, the user, and the Company.

The Electronic Communications and Transactions Act 25 of 2002 ("ECTA") provides for valid and binding contracts to be concluded in electronic format and to be established over the internet. Contracts concluded electronically are thus the functional equivalent of contracts concluded on paper.

3.3 Amended or Updated Terms and Conditions

We reserve the right, and may in our sole discretion choose to amend these Terms and Conditions at any time and in any manner that we deem appropriate. This includes the right to change, modify, add or remove portions or the whole of our Terms and Conditions from time to time.

It is your responsibility to check our Website regularly and to take note of any changes we may have made to these Terms and Conditions to ensure that you remain aware of and agree with the provisions of our Terms and Conditions. Any amendments hereto shall be effective immediately as of the posting thereof and shall automatically bind you without further notice. Your continued use of our Website/Application following the posting of any amendments shall signify your acceptance of such amendments and your agreement to be bound thereby.

3.4 Legal Age and Capacity

We do not accept any users, or representatives of users, under 18 (EIGHTEEN) years of age or who otherwise do not have the relevant capacity to be bound by these Terms and Conditions.

No one may access our Website/Application, use our facilities and/or accept these Terms and Conditions if they lack the necessary legal capacity to enter into a valid and binding contract with the Company. If they are so lacking and continue to use our Website/Application, such use is at own risk and the Company accepts no responsibility for such use.

By accessing our Website/Application and/or using our online facilities, you warrant that you have attained majority status (18 years of age or older), are emancipated or have your parents/legal guardian's consent to be bound by these Terms and Conditions. You further warrant that your legal capacity is not diminished due to mental incapacity.

4 Use of the Website/Application

You agree that your use of this Website/Application is for lawful purposes only. You agree that you will not use this Website/Application for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material.

We permit access to content that is protected by copyright, trade marks and other intellectual and proprietary rights, and these Terms and Conditions, as well as applicable copyright, trade mark and other laws relating to intellectual property rights shall govern your use of such content.

You are free to encourage others to access our Website/Application and peruse the information and content thereof and you are at liberty to display and print for your personal and non-commercial use, any information that you may receive or obtain by means of our Website/Application. You may not, however, reproduce, alter, modify, distribute, or otherwise use any of the materials without the prior written consent of the relevant holder of such right. "Deep-linking", "embedding" or using analogous technology is impermissible.

By using this Website/Application, you agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of this Website and/or its contents contrary to these Terms and Conditions.

We reserve the right to suspend access to and/or use of our Website/Application, or any part thereof, and/or terminate your user account (if applicable) at any time if we, in our sole discretion, determine that you have not used the Website/Application in accordance with these Terms and Conditions.

5 Access

Your access to our Website/Application is permitted on a temporary basis, and we reserve the right to withdraw or amend such access without further notice.

Although we take reasonable measures to ensure that the Website/Application is available to you at all times, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access or use of the Website. We shall not be liable, if for any reason, this Website/Application is unavailable at any time or for any period.

We reserve the right to restrict access to some or all parts of this Website/Application or only provide access to authorised users, as may be required from time to time.

Access to this Website/Application is intended exclusively for residents of South Africa. Although we acknowledge access may be gained by non-South African residents through unofficial portals or otherwise, such access will be viewed as incidental and shall be construed as a waiver of all foreign rights and acceptance of South African jurisdiction and legislation.

6 Accuracy of Website and Application Content

Although we strive to take reasonable steps to ensure that information on our Website/Application is accurate and as up-to-date as possible, we do not warrant that the content or information displayed is/shall always be accurate, complete and/or current and you should not assume that this is always the case, and should consult with us before making any decision to act on this information.

Information provided on this Website/Application is provided without any guarantees, conditions or warranties as to its accuracy. It is recommended that independent legal advice be acquired before any reliance is placed thereon or that you obtain written confirmation from us as to the accuracy of any information provided. We accept no liability, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of any information contained on this Website/Application.

7 Disclaimer

This Website/Application, including all services, content, functions and materials provided via the Website/Application, are provided "as is," "as available," without warranties of any kind, either express or implied, including any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, display-ability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.

We do not warrant that the Website or the services, content, functions or materials provided via the Website will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website/Application or the services provided will meet users' requirements.

We accept no liability, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of the Website/Application.

8 Limitation of Liability

You expressly agree that the use of this Website/Application is entirely at your own risk. The Website/Application and all its contents are provided on an "as is" basis, and we make no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website. We do not warrant that the Website/Application's functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.

By accessing and using the Website/Application, you agree:

• To the fullest extent permitted by law, to indemnify the Company, its owners, directors, employees, officials, suppliers, agents and/or representatives against any loss, injury or damages suffered or liability incurred by reason of any act or omission on your part, or that of any third party acting on your behalf, in connection with your access and use of this Website/Application; and
• That the Company, its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance of the Website/Application and/or its content.

9 External Links, Goods and Advertising

Wherever this Website/Application provides links to other websites or application, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk.

Wherever third-party goods, products, advertising or promotional material is displayed on this Website/Application, this should not be construed as us endorsing or creating any relationship between ourselves and that third party. Reliance on any such goods, products, advertising or promotional material is entirely at your own risk.

Any third party wishing to link to this Website/Application from their website must obtain permission from us by directing such request to us, and permission may be granted on terms and conditions agreed upon.

10 Intellectual Property

The Company retains copyright in the Website/Application and all current and future content displayed on the Website/Application which is not owned by third parties.

In terms of a limited licence, granted for general use, the Company grants the user, subject to these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Website/Application for personal, non-commercial and informational purposes only.

In addition, the Company grants you permission to copy and distribute information from the Website/Application for non-commercial purposes, provided that:

• This information has not been sourced from third parties;
• You notify us of such use; and
• We are acknowledged as the source by reference to the Website address.

This Website/Application and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of the Company.

The intellectual property rights in all software and content made available to you on or through this Website remains the property of the Company and/or its licensors. All such proprietary works are protected by South African and international copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website/Application nor may you use any such content in connection with any business or commercial enterprise. Unauthorised use, manipulation, reproduction, modification and/or distribution of the content of this Website/Application is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

11 Proprietary Systems and Technology

All intellectual property rights, including but not limited to copyright, trade marks, trade secrets, designs, patents, source codes, models, data structures, methodology, processes, algorithms, templates, dashboard designs, and analytical frameworks developed, owned, or licensed by Herbst Group (Pty) Ltd prior to, during, or after any engagement shall remain the sole and exclusive property of Herbst Group (Pty) Ltd ("Herbst IP").

Users shall not copy, reproduce, disassemble, reverse engineer, decompile, circumvent, or otherwise attempt to derive the source code, underlying logic, or data models of any Herbst IP, nor permit any third party to do so.

Any enhancements, modifications, alterations, adaptations, feedback, or derivative works created during or as a result of any engagement, whether initiated by the user or the Company, shall vest automatically in Herbst Group (Pty) Ltd as part of its proprietary intellectual property.

12 Cookies and Tracking Technology

This Website/Application may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to our Website/Application, and understanding how visitors use the Website/Application. Cookies can also help to customise the Website/Application for our users.

A "cookie" in this context refers to a file that is stored on your hard drive and which contains information about the preferences that you may have expressed during previous visits to the Website/Application.

Cookies help us personalise your online experience. Most web browsers automatically accept cookies, but you should be able to refuse cookies, or selectively accept certain cookies by adjusting the preferences in your browser settings.

Personal information cannot be collected via cookies and other tracking technology; however, if you have previously provided or exposed personally identifiable information, cookies may be tied to such information. Please refer to our Privacy Policy for more information in this regard.

13 Privacy Policy and Protection of Personal Information

Your privacy matters to us and we are committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA").

You may use this Website/Application without providing any personal information. However, so that we can regularly assess and improve the Website/Application, we collect information on the number of visits to the site, application, pages viewed, etc.

Please take note that these Terms and Conditions, as well as your access to and use of our Website/Application is subject to our Privacy Policy, which is available on our Website/Application.

We subscribe to the principles for electronically collecting personal information outlined in POPIA, and are committed to maintaining the integrity and confidentiality of personal information in our possession.

We will take all reasonable steps to protect the personal information of users on our Website/Application. All personal information submitted or provided by you will be treated confidentially and we will not sell, rent, lease or disclose your personal information to unauthorised third parties.

14 Data Subject Rights

In terms of POPIA, you have the right to:

• Request confirmation of whether we hold personal information about you;
• Request access to the personal information we hold about you;
• Request the correction or deletion of personal information we hold about you;
• Object to the processing of your personal information on reasonable grounds;
• Be notified if your personal information is accessed or acquired by an unauthorised person; and
• Lodge a complaint with the Information Regulator if you believe your rights have been infringed.

Please take note that it can take us up to 21 days to respond to your request in terms of this clause.

If you want us to delete all personal information we have about you, you will probably have to terminate all agreements you have with us. We cannot maintain our relationship with you without having some of your personal information.

We can refuse to delete your information if we are required by law to retain it or if we need it to protect our rights.

For more information about your data rights, please visit our POPIA Compliance page.

15 Security

We take your privacy and the security of your personal information seriously.

For this purpose, we:

• Have implemented reasonable and up-to-date security safeguards;
• Have in place reasonable technical (electronic) and organisational (non-electronic) security measures to protect your personal information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process; and
• Regularly monitor our systems for possible vulnerabilities and attacks.

However, no data transmission over the internet can be guaranteed to be one hundred percent secure at all times. Thus, although we use reasonable endeavours to ensure the integrity, security and confidentiality of personal information submitted and/or obtained from you, we cannot be held responsible for security breaches occurring in relation to the personal technology devices of users.

In accordance with Section 22 of POPIA, we will notify affected users and the Information Regulator as soon as reasonably possible if we have reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person.

16 Zero Tolerance Policy

Any content that promotes, advocates or condones racism, bigotry, hatred, violence against individuals or groups, or any other form of hate speech based on factors including, but not limited to, race, ethnicity, religious affiliation, disability, gender, age, nationality, sexual orientation, gender identity or political affiliation is not allowed.

Herbst Group (Pty) Ltd, Herbst Alliance (Pty) Ltd and Herbst Team (Pty) Ltd does not tolerate violent, demeaning, graphic or gory content, nor do we allow any actions or content that advocate or threaten violence of any kind. Physical assault, coercion and any acts of violence are prohibited.

Any behaviour deemed inappropriate by the Company's sole discretion will result in an account being blocked and the user banned immediately and indefinitely.

17 Electronic Communications and Transactions Act Compliance

In compliance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), we provide the following information:

Data messages addressed to us will be regarded as received only when acknowledged by us.

18 Promotion of Access to Information Act

In terms of the Promotion of Access to Information Act 2 of 2000 ("PAIA"), a manual is available setting out the procedures to be followed to request information from the Company.

A copy of this manual is available at our offices or may be requested from our Information Officer.

19 Dispute Resolution

These Terms and Conditions are governed by the laws of the Republic of South Africa. Therefore, any dispute arising in relation to these Terms and Conditions shall, to the extent permitted by law, be referred to arbitration in Pretoria or Johannesburg at a venue of our choice, applying the Uniform Rules of the High Court of South Africa.

Any dispute shall be referred for resolution by arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa ("AFSA").

The decision of the arbitrator shall be final and binding on the parties and may be made an order of court.

20 Governing Law

The law governing these Terms and Conditions, including without limitation its interpretation and all disputes arising out of these Terms and Conditions, is the law of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts in respect of any matter arising from or in connection with these Terms and Conditions.

21 Entire Agreement

These Terms and Conditions constitute the entire agreement between the Company and the user and shall take precedence over any disclaimers and/or legal notices attached to any communications received by the Company from the user.

22 Severability

Whenever possible, each provision of these Terms and Conditions shall be interpreted in a manner which makes it effective and valid under applicable law, but if any part of these Terms and Conditions is held to be illegal, invalid or unenforceable under applicable law, that illegality, invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions, all of which shall remain in full force.

23 Indulgence

Any relaxation, indulgence or delay (together "Indulgence") by the Company in exercising, or any failure by the Company to exercise, any right under this Agreement shall not be construed as a waiver of that right and shall not affect the ability of the Company to subsequently exercise that right or to pursue any remedy, nor shall any Indulgence constitute a waiver of any other right.

24 Costs

The Company shall not be liable for costs incurred by users to obtain professional advice relating to these Terms and Conditions.

25 Contact Us

We welcome your comments and questions regarding these Terms and Conditions. Kindly direct any comments and questions to us via email to our official company email as provided on our Website/Application.