TERMS AND CONDITIONS

1. OWNERSHIP AND WARNING
1.1. This website, including all content herein contained, ("the Website”) is owned and operated by Inhifin (Pty) Ltd (Registration No. 2018/317999/07) (“Inhifin”).
1.2. Your access and/or use of this Website constitutes your agreement, or should you be a person under the age of 18 (Eighteen) (“minor”) accessing and/or utilizing this Website, your agreement, duly assisted by your parent or guardian (as the case may be), to be bound by the terms and conditions set out hereunder ("the Terms and Conditions"). All rights in and to the content of this Website remain at all times expressly reserved by Inhifin.
1.3. The information contained on this Website (including in any article herein) is of a general nature and intended as a guide only. It is neither to be construed as financial, legal or other advice nor to be regarded as a definitive analysis of any financial, legal or other issue. Users must not rely on any information contained herein to make a financial, legal, investment, business or personal decision. Before making any decision, we recommend you consult the relevant advisor to take into account your particular needs. Calculations made/obtained by means of the calculators, planning tools or other facilities made available on this Website are for illustrative purposes only and any information obtained pursuant thereto must be independently verified before being relied upon.
1.4. The provisions of these Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities, which we may have towards you. These Terms and Conditions also limit and exclude your rights and remedies against us and place certain liabilities and obligations on you.
1.5. To the extent that the Inhifin service is governed by the Consumer Protection Act 68 of 2008 as read with any of its Regulations ("the CPA"), no provision in these Terms and Conditions is intended to contravene any peremptory provisions of the CPA ("Peremptory Provision"), and therefore all provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure compliance with the Peremptory Provision. Any breach of any such Peremptory Provision shall be governed by the provisions of clause 25.11subject to changing those things which need to be changed (“mutatis mutandis").

2. DEFINITIONS
In these Terms and Conditions, unless the context clearly indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
2.1. “Content” includes, but is not limited to, information, data, text, , calculator, sound, photographs, graphics, video, messages and other materials available via the Inhifin service;
2.2. “Licensee” means a licensee, service provider or agent of Inhifin, if any, or the Website;
2.3. “You” means you (or any person acting on your behalf), being the person who accesses the Website for any reason whatsoever and “your” and “user” shall have a corresponding meaning;
2.4. “service provider” means any entity listed on the Website as a service provider and which may provide Content to the Website from time to time and whom may also provide professional services to those customer’s registered on the Website.

3. INFORMATION AND REQUIRED DISCLOSURES UNDER SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (AS AMENDED) (“THE ECT ACT”)
3.1. The full name and legal status of Inhifin is Inhifin (Pty) Ltd (Registration Number: 2018/317999/07), a private company duly incorporated in accordance with the laws of the Republic of South Africa (“RSA”), whose full and further details appear hereunder:
3.1.1. Director: DS Johnson;
3.1.2. E-mail address: info@inhifin.com;
3.1.3. Website: www.inhifin.com;
3.1.4. Physical address: 8 Elizabeth Lane, Constantia, Cape Town.
3.2. Records of transactions: The Orders placed by users on this Website are confirmed by an invoice displayed online immediately after the Offer (as defined below) is submitted and can be downloaded or printed. This invoice will constitute the record of such transaction.
3.3. The manner in which orders may be placed and payment effected is more fully dealt with below.
3.4. The Website is intended to enable users to (depending on whether not they have subscribed to and/or have become a member of the Website and further on the plan applicable to the user’s use of the Website (“the Plan”)), amongst other things:
3.4.1. view commercial content in various formats;
3.4.2. download certain files which have been provided specifically for viewing and or downloading;
3.4.3. set up notifications within their profile;
3.4.4. access online calculators;
3.4.5. access internal messaging functionality;
3.4.6. access links to other websites; and
3.4.7. view business details of various service providers,
(collectively the “Inhifin services” or the “services”), as amended and/or updated by Inhifin acting reasonably from time to time.

4. CAPACITY
4.1. By accessing and using the Website, you represent and warrant that you have the right, authority, and capacity to register and be bound by these Term and Conditions.
4.2. The use of the Website or service is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Website and or service’s Inhifin provides.
4.3. Please note that minors may only access and utilize this Website with the consent of such minor’s parent or guardian (as the case may be). By permitting a minor to access and/or utilize this Website, the parent or guardian (as the case may be) of such minor is deemed to have assisted the minor in entering into these Terms and Conditions.

5. REGISTRATION PROCESS AND PASSWORD SECURITY
5.1. Before a user can become a member or a subscriber, as the case may be (and having regard to the provisions of clause 8 below) and access the additional services and functions available to members or subscribers, as the case may be, they are required to go through the full registration process and create an account (“the account”) – which process is completed once Inhifin has confirmed the registration in the manner contemplated in clause 5.3 below. Such registration process will include, but not be limited to, the user selecting a particular Plan.
5.2. Users are solely responsible for the correctness and completeness of information supplied during the registration process and for ensuring that such information is up to date. Any failure to do so will constitute a breach of these Terms and Conditions and may result in the immediate termination of your registration. The user warrants and undertakes that the information supplied during the registration process is true, accurate and correct and, to the extent that Inhifin, its directors, members, employees, suppliers, partners, affiliates and/or agents rely upon the warranty and undertaking contained herein, the user indemnifies Inhifin, its directors, members, employees, suppliers, partners, affiliates and agents in respect of loss, damage or expense incurred or suffered by any such party in connection with a breach thereof.
5.3. Once the user has provided Inhifin with the information requested during the registration process (including the selection of the applicable Plan), Inhifin will send a confirmatory e-mail to the e-mail address provided by the user providing the user with an initial password. On successful completion thereof, an e-mail will be sent to the user confirming that the user has completed the registration process and successfully registered on the Website. Users will be expected to change the initial password when first logging onto the Website.
5.4. Users are responsible for all orders or other activities placed or performed while a user is logged into the Website under that user name and password. Any auto-login functionality provided by the Website browser utilized by any user is used at the sole risk of the user and should not be enabled on any shared computers.
5.5. Inhifin reserves the right to request that a user change a password where there is reason to believe that there has been or is likely to be a misuse of information or breach of security.
5.6. Inhifin may refuse to register, or may cancel or terminate your registration and access to the Website if Inhifin considers, at its sole and absolute discretion, that you have breached any of these Terms and Conditions.

6. ORDER PROCESS
6.1. Users should regard nothing contained in this Website as an offer by Inhifin to provide any services to the user, but rather as an invitation for such user to do business with Inhifin in the manner contemplated below.
6.2. Any order placed by a user through this Website constitutes an offer by the user to purchase the particular services contemplated in such order from Inhifin through the Website (“the Offer”). Offers for services may be submitted by a user via the Website at any time during or after successful completion by the user of the registration process referred to in paragraph 5 above.
6.3. When making an Offer, users will be required to select the services which they wish to purchase – by way of selecting the Plan applicable to them - and to complete the entire checkout process with respect thereto (“the Checkout Process”). For the sake of clarity and the avoidance of any doubt, Users will only be required to make payment in respect of a particular Plan selected to the extent that such Plan is not specifically recorded as being provided by Inhifin to users free of charge.
6.4. A binding agreement between Inhifin and the user in respect of any Offer will only be entered into at the stage at which Inhifin receives the Offer and confirms its acceptance thereof to the user (“the Order”), including, to the extent applicable, by way of confirming that the user has completed the registration process. Inhifin reserves the right to refuse to accept any Offer.
6.5. Orders will be processed by Inhifin in the manner contemplated herein and shall be executed (as contemplated further in section 46(1) of the ECT Act) on the day(s) on which Inhifin has agreed to perform such services, as specified in the Order as confirmed by Inhifin (as contemplated further in clause 6.4 above), (“the Order Execution Period”), subject to the provisions of clause 10.3 below.

7. PRICING
7.1. All prices are in Rand values and are inclusive of value added tax, unless otherwise stated.
7.2. The price and payment terms applicable to each Order (including the frequency of such payments) are set forth in such Order, and shall be reflected on the Website during the Checkout Process applicable thereto.
7.3. Pricing of services may be subject to change. For the avoidance of any doubt, the price that shall be paid in respect of any Order shall be the price reflected on the Website in respect of the Order during the Checkout Process. Users are always able to check pricing via e-mail at the e-mail address referred to in clause 3.1 above.

8. CORPORATE SUBSCRIBERS
8.1. If you have selected the “Enterprise Plan” or equivalent, then:
8.1.1. Inhifin will provide you with the amount of subscriptions to the Website applicable to such Plan (“the subscriptions”). You will be able to decide who to allocate the subscriptions to – and change the persons to whom you allocate them from time to time (collectively “the subscribers”); and
8.1.2. you agree to manage the individual subscribers using the Website and agree not to add more people than that agreed to in writing with Inhifin. Failure to comply with this will entitle Inhifin to cancel the your membership and all subscriptions immediately.
8.2. Please note in this regard that the subscriptions are provided for non-commercial use only. As such neither you, nor any subscriber, may sell or re-sell same, they may only be utilised by yourself and/or natural persons, and subscribers may only make use of same for themselves (i.e. in their personal capacities) and not for or on behalf of any legal persons (whether as employee, agent, representative or the like). You may furthermore not allocate any subscription to any person that competes with Inhifin, or to any of their employees or contractors (including service providers).

9. PAYMENT
9.1. All amounts payable by the user to Inhifin in respect of any Order shall be settled in full, without deduction or set off, on the due date for payment by way of electronic funds transfer (EFT) into a bank account nominated by Inhifin to the user, or by using any major credit cards accepted by Inhifin at the time of placing the Order. An instant EFT payment process is available on the website.
9.2. Pricing of services (including the Plans applicable thereto) is subject to change at Inhifin’s discretion.
9.3. Membership or subscriptions (as the case may be) will continue indefinitely until cancelled by the member or subscriber (as the case may be) in the manner contemplated below. Paid membership or subscription will be processed on a recurring basis, either on a monthly or annual basis, as selected by the user.
9.4. All Orders involve recurring billing, at the interval and on the date(s) specified in relation to such Order during the Checkout Process.
9.5. The user will pay to Inhifin interest at the prime rate plus 2% (Two percent) on all amounts overdue from time to time, calculated from the due date of payment until the actual day of payment. For purposes hereof the "prime rate" means the publicly quoted basic rate of interest per annum from time to time (as certified by any officer of Inhifin’s bankers from time to time whose appointment and authority it will not be necessary to prove and which certification will be final and binding on the parties) at which Inhifin’s bankers lend money in South African Rand on unsecured overdraft to first class corporate borrowers in general on the basis of such interest being compounded monthly in arrear and calculated on a 365 day year factor, irrespective of whether or not the year is a leap year.
9.6. Credit card transactions are acquired and processed through the DPO/Paygate payment gateway. Paygate  uses encryption and tokenization to ensure that all credit card details are sent encrypted to its merchant server and delivers a PCI  (plastic card industry) compliant payment gateway service to Inhifin that is used to securely process customer payments. For more information on Paygate, and to view their security certificate and security policy, please visit www.paygate.co.za.
9.7. This Website does not store any user credit card information. At no stage is credit card information stored together with user personal information.
9.8. The amount of the user’s indebtedness to Inhifin in terms of any Order at any time will be determined and proved by a certificate signed by any manager or director of Inhifin (whose designation and authority need not be proved). A certificate in terms hereof will be prima facie proof of the amount of such indebtedness, the fact that any amount is due and payable, and any other matter in relation to this agreement, and will be valid as a liquid document against the user in any competent court for the purposes of obtaining provisional sentence or summary judgment against the user.

10. PERFORMANCE OF SERVICES
10.1. Any services to be performed by Inhifin for the user pursuant to an Order shall be performed in the manner specified in the Order, as read with these Terms and Conditions and the provisions of the Website.
10.2. No services shall be performed in respect of any Order until payment in full in respect of such Order has been received and verified by Inhifin.
10.3. In the event that payment in full in respect of any Order is not received by Inhifin at the time at which the Order is confirmed by Inhifin (“the Order Date”), then the Order Execution Period shall be deemed to be extended by an amount of time equal to the period between the Order Date and the date on which payment in full in respect of such Order has been received and verified by Inhifin
10.4. It is the sole responsibility of the user to ensure that suitable arrangements are made to accept performance of the services. Neither Inhifin, nor its members, employees, suppliers, partners, affiliates or agents will be liable for any damage or loss occasioned by any delay in the performance of the services as a result of a breach by the user of this provision of the Terms and Conditions.
10.5. Without prejudice to any of Inhifin’s other rights (whether at law or otherwise), Inhifin reserves the right to deny you access to this Website where Inhifin believes (in its reasonable discretion) that you are in breach of any of these Terms and Conditions.

11. CANCELLATION AND REFUND POLICIES
11.1. Once your Offer has been accepted, same will not be capable of being cancelled and you will be held liable for the full value of the Order; provided that:
11.1.1. if section 44 of the ECT Act applies to your Order, then you shall be entitled to cancel the Order within 7 (Seven) days after the date of the conclusion of the Order; or
11.1.1.1. either you or Inhifin will be entitled to cancel your Order on 30 (Thirty) days written notice; provided that, in respect of annual subscriptions, you or Inhifin will have to furnish such written notice at least 30 (Thirty) days prior to the anniversary of such subscription, failing which any notice given will not be of force or effect and the subscription will remain in effect for the ensuing year.
11.2. If an Order is cancelled, then Inhifin will cease to provide the services so Ordered to you and any other subscribers with effect from the conclusion of the relevant notice period.

12. INTELLECTUAL PROPERTY PROTECTION
12.1. All trademarks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code (“the intellectual property”) are owned (or co-owned, as the case may be) by Inhifin, its directors, shareholders, associate and/or service providers, and are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on this Website or the underlying software code whether in whole or in part, without the written consent of Inhifin first being had and obtained, which consent may be refused at the discretion Inhifin. Permission to use the intellectual property and/or editorial content of and/or graphics on this Website may be granted on a case by case basis and/or in regard to Inhifin’s corporate policies from time to time. No modification of any intellectual property or editorial content or graphics is permitted.
12.2. Inhifin grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information contained in this Website on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on this Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Inhifin first being had and obtained.
12.3. You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the RSA or other jurisdiction from which you are accessing this Website.
12.4. In particular, you must not:
12.4.1. use this Website in a manner which causes or may cause an infringement of the rights of any other;
12.4.2. use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
12.4.3. deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code;
12.4.4. edit, change, modify or create versions of Inhifin logos or other trademarks or intellectual property;
12.4.5. remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Inhifin service;
12.4.6. affect the way Inhifin, the Inhifin service or the Website, displays its pages, including, but limited to, placing pop-up windows over its pages or by framing blogs;
12.4.7. use web bugs or tracking technologies, including sitemeter or Human Click, Using java, JavaScript, ActiveX or cookies;
12.4.8. use files or publish processes that might interfere with or pose a threat to the operation of the system or to the security of other users;
12.4.9. provide any content containing Trojan horses, viruses, worms, cancelbots, time bombs or other computer programming routines that might damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
12.4.10. edit, modify or customize the Website or the Inhifin service in a way that might affect or adversely affect the display of any promotional links on these sites and pages;
12.4.11. modify, adapt, translate, or reverse engineer any portion of the Website or the Inhifin service;
12.4.12. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website, Inhifin service, and/or pages other than the engine provided;
12.4.13. take any action that imposes, or may impose in Inhifin’s sole discretion, an unreasonable or disproportionately large load on the Website, the Inhifin service, and/or IT infrastructure;
12.4.14. use the Website or the Inhifin service, to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material;
12.4.15. use the Website or the Inhifin service, intentionally or unintentionally, to violate any applicable local, state, national or international law;
12.4.16. collect information to access the Website or the Inhifin service, without Inhifin’s written consent;
12.4.17. copy or store any Content offered on the Website, other than for your own use;
12.4.18. collect any information about other users, including, but not limited to, their username, email address or password;
12.4.19. share your password with another party;
12.4.20. create more than one account;
12.4.21. re-establish an account on Inhifin after your registration has been terminated;
12.4.22. submit misleading or false information to Inhifin or the Website;
12.4.23. impersonate another person by entering, selecting or using that person’s name, user ID (or equivalent) or email address;
12.4.24. recreate user accounts by automated means or under false or fraudulent pretences;
12.4.25. use email tools (such as “Email this page”) to send spam or use advertisements, paid links, affiliate marketing, or any other form of link spam;
12.4.26. purport to speak on behalf of Inhifin or any service provider or Licensee, including by describing yourself as an Inhifin or Licensee or service provider employee or agent;
12.4.27. post, transmit, disseminate, upload or transmit any content any information on or via this Website, or engage in any activity that, in our sole discretion:
12.4.27.1. violates any part of these Terms and Conditions;
12.4.27.2. is harmful, threatening, discriminatory, abusive, defamatory, indecent, vulgar, profane, obscene, defamatory, racist, sexist, homophobic, hateful or otherwise objectionable, or invasive of another person's privacy;
12.4.27.3. depicts sexually explicit images;
12.4.27.4. promotes unlawful violence;
12.4.27.5. is illegal, or violates any law or regulation;
12.4.27.6. attempts to impersonate another person or entity;
12.4.27.7. violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information in breach of any non-disclosure agreement);
12.4.27.8. copies, modifies, reproduces, adapts, merges, varies, duplicates, creates derivative works from, frames, mirrors, republishes, downloads, displays, transmits, or distributes all or any portion of the software owned by us, without our express consent;
12.4.27.9. accesses all or any part of the Inhifin service in order to build a product or service which competes with the Inhifin service;
12.4.27.10. performs or discloses any benchmark or performance tests of the Inhifin service, including our software;
12.4.27.11. licenses, sells, rents, leases, transfers, assigns, distributes, displays, discloses, or otherwise commercially exploits, or otherwise makes the Inhifin service available to any third party, except where our prior consent has been provided;
12.4.27.12. attempts to obtain, or assist third parties in obtaining, access to the Inhifin service where they are not entitled to such access;
12.4.27.13. collects, accesses, or stores personal information about other users of the Website;
12.4.27.14. is posted by a bot; and/or
12.4.27.15. attempts to do any of the foregoing.
12.5. Inhifin reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on this Website (including various services and calculators), or to suspend or terminate this Website, at any time without notice.

13. PERSONAL INFORMATION AND PRIVACY POLICY
13.1. We collect, collate, process, export and use the following types of information (“information” or “personal information”) about you when you use this Website:
13.1.1. information provided by you. We collect personal information (that is information about you that is personally identifiable like your name, address, age, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, billing and transaction information, product and service preferences and contact preferences that are not otherwise publicly available); and
13.1.2. information that is collected automatically. Inhifin receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (which are described in clause 13.2 below), your Internet Protocol (“IP”) address, browser type, web beacons, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at the Website. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet. Inhifin may also use some of these automatic data collection tools in connection with certain emails sent from Inhifin and therefore may collect information using these tools when you open the email or click on a link contained in the email.
13.2. Cookies are a form of internet technology. Websites may use cookies to provide features for their users. Cookies are files that are written or downloaded to your computer’s hard drive when you access a website. They may allow us (or the various other third parties) to, amongst other things, store and quickly retrieve information on your computer and gather statistics and data (including in relation to your age, gender and interests and the number of people who visit our Website). Please note in this regard that:
13.2.1. first party cookies are cookies written or downloaded to your computer’s hard drive by Inhifin. In relation to first party cookies, Inhifin has activated the Google Analytics Demographics and Interest Reporting Feature. You can opt out of this feature by visiting Google’s Ad Preferences Manager. You can also prevent your data from being used by Google Analytics by using the Google Analytics Opt-out Browser Add-on. Inhifin may link information stored in cookies such as your age, gender, interests and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit the Website and their ages, genders and interests. Please note the further provisions below in this regard;
13.2.2. third party cookies are cookies written or downloaded to your computer’s hard drive by external websites whose services may be used via the Website. Cookies of this type that have been set are the various buttons contained in the Website that allow you to share content on various social networks, such as ShareThis, Twitter, Instagram, LinkedIn, Pinterest, Google+ and Facebook. In order to implement these buttons and connect them to the relevant social networks conducted via external websites, there are scripts utilised from external websites. Please be aware that these external websites may be collecting information about your actions on the internet, including on this Website. Please have regard to the respective policies of each of these external websites in this regard to determine precisely how your information is utilised and to find out how to opt-out from their utilization of, or to delete, such information.
13.3. Internet browsers may be initially set up to accept cookies. You can, however, set your browser to refuse cookies, although you may not be able to take full advantage of the Website if you do so.
13.4. Inhifin may link information stored in cookies such as your age, gender and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit the Website and to customize our content, layout and services for delivery to you.
13.5. Our advertising partners may set and access cookies or use other technologies such as web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies) in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies. Inhifin uses its reasonable efforts to ensure that its advertising partners are operating privacy policies that are in accordance with our own privacy standards as set out in herein.
13.6. Use and Disclosure of information
13.6.1. Inhifin may use (and to the extent necessary disclose and share) your information to, amongst other things:
13.6.1.1. assist you in completing a transaction or Order;
13.6.1.2. enable Inhifin and the service providers to communicate with you about products and/or services;
13.6.1.3. provide service and support;
13.6.1.4. update you on new products, services and benefits;
13.6.1.5. provide personalized promotional offers;
13.6.1.6. select content to be communicated to you, including by our service providers;
13.6.1.7. allow you to participate in contests and surveys;
13.6.1.8. contact you for market research regarding products or services.
13.6.2. In addition, Inhifin may use information about your product and/or service interests and purchases to help us improve the Website design;
13.6.3. Inhifin may display your personal information contained in your profile;
13.6.4. Inhifin will use your email address to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are;
13.6.5. Inhifin may use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit this Website and to customise our Website content, layout and services. We may share this information with third parties to help us improve and better serve our users;
13.6.6. Advertisements may be delivered to you by our advertising partners. Inhifin may however transfer information about your use of the Website, such as your IP address and information stored via cookies, to our advertising partners and other third parties. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you;
13.6.7. Inhifin’s advertising and promotions partners have no access to your name or personal contact information stored by us unless you choose to share it with them. We will not provide your name or personal contact information to an advertising partner when you interact with or view a targeted advertisement;
13.6.8. Inhifin may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors, service providers and service agencies that we may engage to assist us in providing our products and services to you. Such vendors and service agencies will be obligated to use your personally identifiable information solely to provide the products and/or services to us;
13.6.9. Inhifin will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect the rights and property of Inhifin, its affiliates or the public. Inhifin may also co-operate with law enforcement in any official investigation and we may disclose your personally identifiable information to the relevant agency or authority in doing so;
13.6.10. Inhifin reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change this privacy policy, we will notify you beforehand.
13.6.11. Circumstances may arise where, whether for strategic or other business reasons, Inhifin decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Inhifin’s practice to seek reasonable protection for information in these types of transactions.
13.7. Access to and accuracy of your information
13.7.1. Inhifin strives to keep your personal information accurately recorded. Inhifin provides individuals with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.
13.7.2. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Inhifin you can utilize the “dashboard” function on the Website.
13.7.3. You are entitled to request access to any relevant personal data held by the Inhifin as laid out in the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and where such access is necessary for you to exercise and/or protect any of your rights.

14. TERM
These Terms and Conditions will remain in full force and effect for the duration that you use the Website or the Inhifin service.

15. ASSIGMENT OF RIGHTS
Inhifin is entitled to cede its rights and/or delegate its obligations under these Terms and Conditions to any person without your prior written consent. You are entitled to cede your rights and/or delegate your obligations under these Terms and Conditions to any person; provided that the prior written consent of Inhifin was first obtained, which consent Inhifin shall not unreasonably withhold.

16. CHANGES TO THE AGREEMENT OR THE INHIFIN SERVICE
16.1. These Terms and Conditions, the Website and the Inhifin service may be amended, varied and/or modified by Inhifin at any time without prior notice (“the modified Terms and Conditions).
16.2. You agree to review the Terms and Conditions periodically so that you are aware of any amendments, variations and/or modifications.
16.3. Your continued use of the Website and/or the Inhifin service after any modifications, amendments and/or variations is deemed to be your acceptance of the modified Terms and Conditions.

17. RECEIPT AND TRANSMISSION OF DATA MESSAGES
17.1. Data messages, including e-mail messages, sent by users to Inhifin shall be deemed to be received only when acknowledged or responded to.
17.2. Data messages sent by Inhifin to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
17.3. Inhifin reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
17.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Inhifin is therefore not responsible for accuracy of any message sent by email over the internet – whether from Inhifin to you or from you to Inhifin.

18. MONITORING AND INTERCEPTION OF DATA MESSAGES
In order to provide a relevant and secure service, to promote the secure and efficient operation of the Website, and where required to do so by law, Inhifin may monitor and/or intercept electronic communications such as e-mails which are sent to this Website. By using the Inhifin services and/or Website, you agree that Inhifin may “intercept” and “monitor” (as defined in the Regulation of Interception of Communications and Provision of Communication-Related Information Act No 70 of 2002) any communication that you make or receive through your use of the Inhifin services and/or Website. To the full extent necessary under law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and agree that the consent given in terms of this clause constitutes written consent as contemplated in the Electronic Communications and Transactions Act No 25 of 2002 as amended and any other applicable legislation.

19. HYPERLINKS, DEEP LINKS & FRAMING
19.1. This Website may include links to other internet sites ("the other sites"). Inhifin does not endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through those other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.
19.2. Your access and use of the other sites remains solely at your own risk.
19.3. Hyperlinks to the Website from any other source shall be directed at the home page of this Website and shall not portray Inhifin or its members, associates, partners or their products and/or services in a false, misleading, derogatory, or otherwise offensive matter. Links beyond the home page of this Website may only be used with Inhifin’s prior written consent. It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of Inhifin.

20. ADVERTISING AND SPONSORSHIP
20.1. This Website may contain advertising and sponsorship. Advertisers and sponsors (including service providers) are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA.
20.2. Inhifin, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

21. LIABILITY
21.1. You acknowledge and agree that neither Inhifin nor the service provider that provided the Content will, under any circumstances, be liable for any loss or damage of any kind incurred in relation to the Website, as a result of your use in any way of the Website including any Content.
21.2. You further acknowledge that if you enter into correspondence or engage in commercial transactions with third parties and/or service providers listed on the Website, it is solely between you and the applicable third party/service provider. Inhifin shall not have any liability, obligation or responsibility for any such activity and/or Content on the Website. You hereby release and indemnify Inhifin and the relevant service provider from all claims arising from such activity.
21.3. Inhifin shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Inhifin’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

22. INDEMNITY
22.1. The user indemnifies and holds harmless Inhifin, its directors, members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this Website, third party websites or any of the products and/or services offered or ordered through such sites in any way.
22.2. The user agrees to indemnify, defend and hold Inhifin harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions.

23. DISCLAIMER
23.1. The Website is provided by Inhifin on an “as is” basis. Inhifin and its service providers make no representations or warranties of any kind, express, statutory or implied as to the operation of the Website, the Inhifin service or the information, Content, or products included on the Website or in association with the Inhifin service.
23.2. To the fullest extent permissible by applicable law, Inhifin, its directors, members, employees, suppliers, partners, affiliates, agents and its service providers disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained, including via any calculation) and/or transactions or actions resulting therefrom.
23.3. Neither Inhifin, nor its service providers warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Website (including any calculator). All information supplied by service providers, and any opinions expressed by any service provider in relation to any of the services they provide, are those of the authors and not Inhifin. While Inhifin makes every reasonable effort to present such information accurately and reliably on the Website, Inhifin, to the maximum extent permitted in law, does not endorse, approve or certify such information, does not guarantee the accuracy, completeness, efficacy or timeliness of such information nor does it warrant in any way that the suitability or competency of the service providers listed on the Website.
23.4. Inhifin and its service providers are not responsible for the conduct of any user of the Website.
23.5. Inhifin does not warrant or covenant that the Inhifin service will be available at any time or from any particular location, or will be secure or error-free, or that defects will be corrected or that the Website or the Inhifin service or that any information, data, content, software or other material accessible through this Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of this Website remains solely at your own risk. The Website may be taken offline from time to time for maintenance, updates, upgrades, improvements and the like
23.6. Any material or content downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any user from Inhifin, the Website or through or from the Inhifin service shall create any warranty not expressly stated herein.
23.7. To the maximum extent permitted in law, and in amplification of the above, Inhifin, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever, shall not be responsible and disclaim all liability, for any loss, costs, expenses, fines or damages (whether direct, indirect, special or consequential), including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of, this Website in any manner or reliance upon any information, links, calculations or services provided through this Website.
23.8. Notwithstanding anything to the contrary contained herein, to the extent that any limitation of liability in these Terms and Conditions is held to be ineffective or is disallowed for any reason whatsoever, Inhifin’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Inhifin for the Inhifin service in the 12 months prior to the action giving rise to liability.
23.9. Inhifin has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the maximum extent permitted in law, Inhifin, its members, employees, suppliers, partners, affiliates and agents shall not be liable whatsoever for any direct or indirect loss or damage arising from the use of third-party websites, contents and/or features.
23.10. The user acknowledges that, in addition to selling its own products, Inhifin may sell products on the Website obtained from third parties. Accordingly and to the maximum extent permitted in law, Inhifin, it members, agents and employees shall not be liable for the quality of any products delivered or for any typographical errors in the descriptions of any of the products of such third parties.

24. NOTICES
24.1. Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms and Conditions as being:
24.1.1. in the case of Inhifin, at the email and physical addresses set forth in clause 3.1 above; and
24.1.2. in the case of the user, at the e-mail and physical addresses (to the extent applicable) provided by the user to Inhifin in the registration process.
24.2. Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail. Unless the contrary is proved, any notice:
24.2.1. sent by prepaid registered post will be deemed to have been received on the 5th (Fifth) Business Day after posting;
24.2.2. any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the date of delivery;
24.2.3. transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the day of transmission.
24.3. For the purposes of this clause 20, the term "Business Day" means any day other than a Saturday, Sunday or Public Holiday in the RSA.
24.4. Each of the parties will be entitled from time to time, by written notice to the other to vary its domicilium to any other address in the RSA which is not a post office box or poste restante, provided that the change will become effective only 7 (Seven) days after service of the notice in question.
24.5. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

25. MISCELLANEOUS
25.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 16 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms and Conditions or their duly authorised representatives.
25.2. Your access and/or use of this Website, any downloaded material from it and the operation of these Terms and Conditions (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the RSA. The parties consent to the non-exclusive jurisdiction of the Western Cape High Court (Cape Town). In terms of Section 45 of the Magistrate's Courts Act (no 32 of 1944, as amended) or any comparable legislation, both parties consent to the jurisdiction of a Magistrate's Court having jurisdiction in respect of any action arising between Inhifin and the user.
25.3. No agency, partnership, joint venture, or employment agreement is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind Inhifin in any respect whatsoever.
25.4. You acknowledge that electronic signature, encryption and/or authentication is not required for valid electronic communications between you and Inhifin.
25.5. No indulgence, leniency or extension of time granted by the website owner shall constitute a waiver of any of Inhifin’s rights under these Terms and Conditions and, accordingly, Inhifin not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
25.6. Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
25.7. The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
25.8. Your access and/or use of this Website, any downloaded material from it and the operation of these Terms and Conditions (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the RSA.
25.9. You hereby consent to receive any and all approaches and/or communications from Inhifin, its members, agents, service providers and their marketing service providers, (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@inhifin.com advising Inhifin of same.
25.10. In the event of the user failing to pay any amount timeously or breaching the terms of these Terms and Conditions, the user shall be liable for all legal costs (on the scale as between attorney and own client) (including collection commission) which may be incurred by Inhifin arising therefrom.
25.11. Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

26. CONTACT
Should you have any complaints or queries kindly address an e-mail to info@inhifin.com advising Inhifin of same.