Terms
and
Conditions

2. Interpretation

1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2. these Terms and Conditions apply to all supplies of Products and/or Services by us to any client. They prevail over any terms proposed by you.
3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
8. these Terms and Conditions apply in any event to you as a buyer or prospective buyer of our Products and/or Services and so far as the context allows, to you as a visitor to Our Websites.
9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you

1. This agreement and these Terms read together with any policies or operating rules posted by us on Our Websites or in respect to, the sale of Products and/or Services provided through Our Websites and constitute the entire agreement and understanding between you and us and govern your use of the Products and/or Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
2. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The contra proferentem rule shall not apply.
3. These Terms and Conditions are applicable to all Products and Services purchased from Our Websites, including but not limited to Products and Services provided through the Websites, but purchased through direct sales with us through our client engagement consultants and representatives.
4. The failure of us to exercise or enforce any right or provision of these Terms, on any indulgence granted to you shall not constitute a waiver of such right or provision.
5. Except if specifically agreed in writing by both parties, each party acknowledges that, in entering into this agreement, he/she does not rely on any representation, warranty, information or document or other terms not forming part of this agreement.
6. If you use Our Websites in any way and make an order on behalf of another person or organisation you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
7. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence, and you have given your minor dependents permission to use this site.
8. You may not use our Products for any illegal or unauthorised purpose, nor may you, in the use of the Products and/or Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. A breach or violation of any of the Terms will result in an immediate termination of our Products and/or Services.
11. We reserve the right at any time to modify or discontinue any Product or Service (or any part or content thereof) at any time without prior notice.
12. We shall not be liable to you or to any third-party for damages that may arise due to any modification, price change, suspension or discontinuation of a Product or Service.
13. On order your offered Products and/or Services price will be reflected in your product check-out cart. You will have 15 minutes to conclude the transaction by either paying using Visa or Mastercard debit or credit card payment, Paypal or PayFast payments or via immediate Electronic Funds Transfer (“EFT”) payment to us.
14. If you are unable to complete the purchase transaction within 15 minutes the selected Products and/or Services will remain in your check-out cart and you will be required to follow the check-out procedure again to complete the purchase.
15. Once your payment has been processed successfully, you will receive a registration link via email within 15 minutes, providing access to the Products and/or Services purchased.
16. In the event of not receiving the email with the registration link referred to in clause 3.15 above, contact contact@changeverve.com for support.
17. If in future, you buy Products and/or Services from us under any arrangement which does not involve your payment via Our Websites; these terms still apply so far as they can be applied.
18. All Products and/or Services purchases are quoted and processed in either Euros or South African Rands depending on the territory you reside within.
19. We do not sell Products and Services in all countries. We may refuse to deliver the Products and Services if you live in a country we do not serve.

4. Intellectual Property

1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, icons, images, sounds, audio clips, digital downloads, data, software, artwork and code including but not limited to the design, structure, selection, and arrangement of such content is owned, controlled, or licensed by or to ChangeVerve (Pty) Ltd, and is protected by copyright and trademark laws, as well as any other applicable intellectual property laws.
2. We will defend the intellectual property rights in connection with our Products, Services and Our Websites, including copyright in the Content whether provided by us or by any other content provider (including copyright in the formats listed in clause 4.1).
3. Use of the content or materials on this site for any purpose without written permission from ChangeVerve is strictly prohibited. You further agree that you will create no derivative works of these Websites or the Products and/or Services offered within.
4. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
5. You may not use our name or logos or trademarks or any other Content on any website of yours or from the websites of any other person, unless with prior written consent from us.
6. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

5. Products or Services (if applicable)

1. Certain Products or Services may be available exclusively online through the Websites. These Products or Services may have limited quantities.
2. We have made every effort to display as accurately as possible the colours and images of our Products and Services, where relevant, as they appear in the online store, however, we cannot guarantee that the Products and Services will look identical to the online image when delivered.
3. We reserve the right, but are not obligated, to limit the sales of our Products and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products and/or Services that we offer. All descriptions of Products and/or Services or pricing are subject to change at any time without notice to you, at our sole discretion. We reserve the right to discontinue any Products and/or Services at any time.
4. While we endeavour to provide the highest level of quality and client service, we do not warrant that the quality of any Products and/or Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products and/or Services will be corrected to your satisfaction.

6. Price and payment

1. The prices of Products and/or Services are displayed on Our Websites. In some instances, the price of Products and/or Services offered on Our Websites may not be exactly the same as customised negotiated prices per specific client agreements. The Terms and Conditions set out in this document remain applicable to all purchases as far as they can be applied despite specific price negotiations and other service delivery terms and conditions applicable to customised client offerings.
2. We occasionally run promotions and sales for our Products and/or Services, during which certain content and/or Products and/or Services are available at discounted prices for a set period of time. The price applicable to the content and/or Products and/or Services will be the price at the time you complete your purchase of the content and/or Product and/or Services (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
3. If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.
4. If you are located in a country where use and sales tax, products and services tax, or value-added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
5. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per organisation or per order. These restrictions may include orders placed by or under the same client name, using the same credit or debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, although we have no obligation to, we shall endeavour to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
6. You agree to provide current, complete and accurate purchase and account information for all purchases made through Our Websites or via Direct Sales Consultants. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. You agree to pay the fees for Products and/or Services and content that you purchase, and you authorise us to charge your debit or credit card or process other means of payment (such as PayPal, Payfast, Wise etc.) for those fees. ChangeVerve works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Read our Privacy Policy for more details.
8. When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the Products and/or Services or content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Products and/or Services, or content for which we have not received adequate payment.

7. Security of your credit card

We take care to make Our Websites safe for you to use.

1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly or annual payments if applicable, or other transactions which you have initiated.

8. Cancelation of order

1. Except as specified in this clause, all sales are final and no refund will be issued.
2. You may cancel your order at any time before the expiry of 14 days from the date of placing your order, but not after having received your Products and/or Services in the case of physical Products and/or Services or after accessing the Products and/or digital content in the case of digital Products.
3. Please note that once you access or download any Digital Content that you purchase, you no longer have the right to cancel your purchase of that Digital Content.
4. In the event of cancellation of an order by you in compliance with these terms, we will refund you the Products and/or Services at the amount that you paid to us in the currency that we received it, regardless of any price fluctuations in the price of the Products and/or Services or in the currency conversion if applicable, and will apply deductions for any costs incurred up and to that point in procuring the Products and/or Services based on your order, including, but not limited to Transaction Fees applicable to the refund.
5. In the instance of Customised Products and Services, which include but are not limited to specifically customised designed products, tools, games, packaging, boxes and containers, you will receive a final sign-off approval request from us, prior to processing your order. You can cancel your order up and until receiving this final sign-off approval request, but not after having signed-off and approved your order. Should you cancel after final sign-off approval by yourself, you are liable for all costs incurred, including but not limited to design and manufacturing costs up and until that point.
6. In the event of cancellation of an order of Customised Products and Services by you in compliance with these terms, we will refund any money due to you, deducting any additional expenses incurred in procuring the Customised Products and Services according to your order up and until the point of cancellation, as stipulated in clause 8.5 above, within 30 days after receiving the returned Customised Products.
7. In the instance of physical products that you claim to be faulty, you are responsible for the cost of returning the Products or Customised Products. We have no obligation to refund you, your cost of re-packing and returning the Products or Customised Products.
8. In the instance of the return of physical Products and/or physical Customised Products and if we agree that the Products or Customised Products are faulty, we will refund the cost of return carriage.
9. If the physical Products or Customised Products you return, show any sign of damage or loss due to your checking, then we shall be entitled to deduct the cost from your refund money.
10. In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you as described in clause 8.4 above, within 30 days of receipt of your request for cancellation.

9. Foreign taxes and duties

1. If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
2. You are responsible for purchasing Products and/or Services and/or Customised Products and Services which you are lawfully able to import and/or purchase and for the payment of import duties and taxes of any kind levied in your country and according to any required licenses to do so.

10. Liability for corrupted digital Content

1. We will repair or replace any Product(s) which fail to download successfully, or which show a defect as per clauses 10.1.1 to 10.1.3 below:
   1. If you claim that the Product(s) is defective, the defect must be reported to us within 7 (seven) days after receiving/ downloading the Product(s).
   2. If we agree that we are liable, we will endeavour to repair the Product(s). If we fail to effectively repair the Product(s) we will fully refund or replace the Product(s) free of charge.
   3. If we repair or replace the Product(s), you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

11. Accuracy, completeness and timeliness of information

1. We are not responsible if information made available on these Websites is not accurate, complete, or current. The material on these sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on these sites is at your own risk.
2. These Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Websites. You agree that it is your responsibility to monitor changes to our Websites.

12. Optional services, products and tools

1. We may provide you with access to third-party services, products or tools over which we neither monitor nor have any control nor input.
2. You acknowledge and agree that we provide access to such services, products and/or tools ”as is” and “as available” without any warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any optional third-party services, products and/or tools.
3. Any use by you of optional services, products and/or tools offered through these Websites is entirely at your own risk and discretion. As such it is your responsibility to ensure that you are familiar with and approve of the terms on which such services, products and/or tools are provided by the relevant third-party provider(s).
4. We may offer new services and/or features through these Websites (including, the release of new services, products, tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions and all other policies referred to herein.
5. Certain content, Products and Services available via Our Websites may include materials from third-parties.
6. Third-party links on these sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
7. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. It is your responsibility to carefully review any and all third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to us.

13. Disclaimers

1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub-paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. We make no representation or warranty for:
   1. any implied warranty or condition as to merchantability or fitness of the Products and/or Services and/or Customised Products and/or Services for a particular purpose;
   2. the correspondence of the Products and/or Services and/or Customised Products and/or Services with any description;
   3. the adequacy or appropriateness of the Products and/or Services and/or Customised Products and/or Services for your purpose.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Websites.
5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Websites, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
6. We make no representation or warranty and accept no responsibility in law for:
   1. accuracy of any Content or the impression or effect it gives;
   2. delivery of Content, material or any message;
   3. privacy of any transmission;
   4. any act or omission of any person or the identity of any person who introduces himself to you through Our Websites;
   5. any aspect or characteristic of any Products or Services advertised on Our Websites;
7. In the event of a security breach of Our Websites resulting in third-parties posting unauthorised content on Our Websites, we cannot be held responsible for any such content or any consequent damages suffered directly or indirectly through the event.
8. If you come across any Content which offends you, please contact us via email at support@changeverve.com.
9. Occasionally there may be information on our sites or in the Service and/or Products that contains typographical errors, inaccuracies or omissions that may relate to Product and/or Services descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Products and/or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
10. We undertake no obligation to update, amend or clarify information in the Products and/or Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Products and/or Services or on any related website should be taken to indicate that all information in the Products and/or Services or on any related website has been modified or updated.
11. We shall not assume any liability for any inconvenience caused or any expenses or damages incurred due to an error or inaccuracy on the site.
12. You can review the most current version of the Terms and Conditions at any time on this page.
13. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to Our Websites. It is your responsibility to check Our Websites periodically for changes. Your continued use of or access to Our Websites or the Products and/or Services following the posting of any changes to these Terms constitutes acceptance of those changes.
14. We will do all we can to maintain access to Our Websites, but it may be necessary for us to suspend all or part of our Products and/or Services for repairs, maintenance or other good reasons. We may do so without telling you first.
15. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Products and/or Services concerned. This applies whether your case is based on contract, tort or any other basis in law.
16. Although we shall use our best efforts to ensure Products and/or Services of the highest quality, we do not guarantee, represent, or warrant that your use of our Products and/or Services will be uninterrupted, timely, secure or error-free. Nor do we warrant that the results that may be obtained from the use of the Products and/or Services will be accurate or reliable.
17. You agree that from time to time we may remove the Products and/or Services for indefinite periods of time or cancel the Products and/or Services at any time, without notice to you.
18. You expressly agree that your use of, or inability to use, the Products and/or Services is at your sole risk. The Products and/or Services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
19. In no instance shall ChangeVerve, our subsidiaries, our directors, officers, employees, affiliates, agents, Direct Sales Consultants, contractors, interns, suppliers, service providers , licensors, or any other person or entity affiliated with us, be liable for any injury, loss, claim, legal expense, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, class action (including negligence), strict liability or otherwise, arising from your use of the Products and/or Services procured through Our Websites or through interaction with Direct Sales Consultants or representatives of ChangeVerve, or for any other claim related in any way to your use of the Products and/or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Products and/or Services or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow for the exclusion or the limitation of liability for consequential or incidental damages, our liability, in such jurisdictions, shall be limited to the maximum extent permitted by law.
20. For the avoidance of doubt, you agree to indemnify, defend and hold harmless ChangeVerve and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
21. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, Direct Sales Consultants, subcontractors, agents, and affiliated companies, as well as to us.
22. If you become aware of any breach of any term of this agreement by any person, please inform us via email at support@changeverve.com. We welcome your input but do not guarantee to agree with your judgement.
23. Nothing in this agreement excludes liability for a party's fraud.

14. Your account and engagement with us

1. You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information, amongst other requirements, for FICA purposes, to provide you with the Products, Services and/or Customised Products and/or Services.
2. If you use Our Websites, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and logged in to your account and changed your password.
4. You agree to accept responsibility for all activities that occur under your name or in instances where you are acting within your capacity as an authorised proxy for a legal entity. You should tell us immediately if you believe some person has made any purchases under your name or with your debit or credit cards.
5. You understand that your encrypted content (not including credit card information), may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
6. In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on inter alia gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Products and/or Services or any related website for violating any of the prohibited uses.

15. Restrictions on what you may post to Our Websites

You agree that you will not use or allow anyone else to use Our Websites to post Content which is or may:

1. be malicious or defamatory;
2. consist of commercial audio, video or music files;
3. be illegal, obscene, offensive, threatening or violent;
4. be sexually explicit or pornographic;
5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
7. solicit passwords or personal information from anyone;
8. be used to sell any products and/or services or for any other commercial use;
9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself or suitable image in your profile in such place as we designate;
10. link to any of the material specified above, in this paragraph.
11. send age-inappropriate communications or Content to anyone under the age of 18.

16. Your posting: restricted Content

1. In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
2. In addition to the restrictions set out above, a Posting must not contain:
   1. hyperlinks, other than those specifically authorised by us;
   2. keywords or words repeated, which are irrelevant to the Content Posted.
   3. the name, logo or trademark of any organisation other than yours.
   4. inaccurate, false, or misleading information.
3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or any content that violates any party’s intellectual property or these Terms and Conditions.
4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Products and/or Services, the site, or any related website.
5. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17. How we handle your Content

1. Your submission of personal information through the store is governed by our Privacy Policy. Our privacy policy is strong and precise. It complies fully with current law which can be viewed through the following link: Privacy Policy.
2. If you post Content to any public area of Our Websites it becomes available in the public domain. We have no control who sees it or what anyone does with it.
3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid posting unnecessary confidential information.
4. We need the freedom to be able to publicise our Products and/or Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Websites, in public domains and in any medium, excluding Device and Identified Personal Information as per our Privacy Policy and your rights under our Privacy Policy. You represent and warrant that you are authorised to grant all such rights.
5. We will use that licence only for commercial purposes of the business of Our Websites and will stop using it after a commercially reasonable period of time.
6. You agree to waive your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.
7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it, and we will not protect your rights for you.
8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been posted by you.
9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10. Please notify us of any security breach or unauthorised use of your account at support@changeverve.com.
11. We do not solicit ideas or text for improvement of our Products and/or Services, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at clause 17.4 and 17.6 above.

18. Removal of offensive Content

1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Websites for any purpose.
2. We are under no obligation to monitor or record the activity of any client for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
3. If you are offended by any Content, inform us accordingly via email at support@changeverve.com.
4. After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
5. On investigation if we find your complaint valid, we shall remove the offending Content as soon as we are reasonably able;
6. In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
7. You now agree that if any complaint is made by you frivolously or vexatious you will repay us the cost of our investigation including legal fees, if any.

19. Security of Our Websites

If you violate Our Websites we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

1. Modify, copy, or cause damage or unintended effect to any portion of Our Websites, or any software used within it.
2. Link to Our Websites in any way that would cause the appearance or presentation of Our Websites to be different from what would be seen by a user who accessed Our Websites by typing the URL into a standard browser;
3. Download any part of Our Websites, without our express written consent;
4. Collect or use any Products and/or Services listings, descriptions, or prices;
5. Collect or use any information obtained from or about Our Websites or the Content except as intended by this agreement;
6. Aggregate, copy or duplicate in any manner any of the Content or information available from Our Websites, other than as permitted by this agreement or as is reasonably necessary for your use of Our Websites;
7. Share with a third-party any login credentials to Our Websites.
8. Despite the above terms, we can upon specific negotiations in a separate agreement grant a licence to you to:
   1. create a hyperlink to Our Websites for the purpose of promoting an interest common to both of us. This licence is conditional upon your not portraying us or any Products and/or Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
   2. copy the text of any page for your personal use in connection with the purpose of Our Websites and in alignment with the licensing agreement referred to in 19.8.

20. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. any act, neglect or default by any agent, employee, licensee or client of yours;
4. a contractual claim arising from your use of the Products and/or Services;
5. a breach of the intellectual property rights of any person.

21. Miscellaneous matters

1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Where we provide Products and/or Services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products and/or Services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Products and/or Services.
3. In the event that any provision of these Terms and Conditions and agreement is at any time held by any jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this agreement and these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions, or these terms as a whole.
4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
5. Any communication to be served on either party by the other shall be delivered by hand or sent by fast-mail service or recorded delivery or by e-mail.
   
   It shall be deemed to have been delivered:
   1. if delivered by hand: on the day of delivery;
   2. if sent by post to the correct address: within 72 hours of posting;
   3. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
6. No orders for Products and/or Services and/or Customised Products and/or Services via Our Websites shall be deemed placed, if not through the automated order process provided on Our Websites. Except for specific customised orders placed through direct sales with a ChangeVerve representative, orders placed via email and outside the automated process on Our Websites are deemed invalid.
7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third-party.
9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
10. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

22. Governing Law

1. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from or in connection with this agreement and these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
2. Your continued use of the Websites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.

23. Contact information

Questions about these Terms and Conditions can be sent to us at support@changeverve.com.