Terms and Conditions

1. Introduction

1.1This website is owned and operated by Linkserv CC a Close Corporation (hereinafter referred to as the ‘Linkserv’) and can be accessed on www.linkserv.co.za (hereinafter referred to as ‘this website’ or the website’ as the context may require).

1.2These Terms and Conditions apply to visitors and users of this website. Use of this website is made available subject to these Terms and Conditions as set out below, including, but not limited to policies, notices as well as any documents that are referred to in clauses set out in these Terms and Conditions.

1.3By using this website you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms and Conditions that Linkserv may prescribe from time to time. These Terms and Conditions may be changed in the future without notice and your continued use of this website signifies your acceptance of the updated and/or modified Terms and Conditions.

1.4Any new features or tools which are added to this website shall also be subject to these Terms and Conditions.

1.5By using this website you acknowledge that you have read, and agree to be bound by these Terms and Conditions.

1.6By agreeing to the terms of these Terms and Conditions you represent that you reached the age of majority in your state or province of residence, alternatively, that being a major in your state or province of residence you hereby consent to allow your dependents to use this website.

1.7For purposes of convenience clauses contained herein that are deemed to be important (clauses that may limit our responsibility or involve risk for you) will be in bold and/or italics and/or highlighted, as such, special attention is required for such clauses.

1.8This website is offered to you under the provision that you agree to use this website only in line with these Terms and Conditions and any applicable laws, rules and regulations.

1.9These Terms and Conditions form an agreement between you and Linkserv, it is therefore your prerogative to ensure that you understand all provisions contained herein.

1.10By continuing to use this website you agree to accept, without modification, limitation or qualification these Terms and Conditions.

1.11In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (‘ECTA’) and the common law of contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access this website.

1.12Disclosures in terms of section 43 of the Electronic Communications and Transactions Act.

1.13Notwithstanding the fact that there are hyperlinks in these Terms and Conditions, applying to copyright notices and legislation, the hyperlinks should be deemed to be part of these Terms and Conditions in terms of Section 11 of ECTA, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms and Conditions.

1.14Termination: the proprietor of this website has the right to suspend or terminate your access to and use of this website at any time, for any reason, without notice to you. All licenses granted hereunder may also be terminated by the proprietor at any time. If you breach any of these Terms and Conditions, the rights granted hereunder shall automatically terminate.

2. Interpretations and Definitions

2.1The following words shall, unless the context otherwise requires, have the meanings hereinafter assigned to them:

2.1.1words signifying the singular number shall include the plural and vice versa;

2.1.2words signifying the masculine shall include the feminine;

2.1.3any words defined in the Electronic Communications and Transactions Act 25 of 2005 not defined hereunder shall bear the same meaning in these Terms and Conditions in relation to matters referred to herein;

2.1.4a reference to any Act shall include any amendment thereto or Act in substitution therefore;

2.1.5each term, power or authority herein shall be given the widest possible interpretation;

2.1.6the headings to the sections in these Terms and Conditions are for reference purposes only and shall not be taken into account in the interpretation of the provisions in these Terms and Conditions.

2.2The following words expressions and abbreviations shall have the meaning hereinafter assigned to them:

i‘content’ means any material, in whatever form, including but not limited to any information, posts, photographic shots, 3D conversions of photographic shots, 3D tour, video recordings, adaptations, logos, buttons, icons, software, trademarks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in this website;

ii‘Copyright’ means the Intellectual Property contained in the content which shall vest in all the content contained on this website, such content irrespective of the form in which it is displayed or presented remains the property Linkserv;

iii‘Intellectual Property’ means any and all information, content, Copyright, graphics or otherwise contained in this website, irrespective of whatever form it takes;

iv‘territory’ means the whole world;

v‘Terms and Conditions’ means this agreement between the users or visitors of this website and the proprietor of this website;

vi‘Third Party Websites’ means any other website not belonging to Linkserv;

vii‘Party’ singularly refers to a user of this website; ‘Parties’ collectively refers to a user of this website and the proprietor of the website;

viii‘Privacy Policy’ means the manner in which the user of the website will administer the information acquired as a result of use of this website;

ix‘service’ means the service and products provided on this website;

x‘user’ means any person visiting or using this website, also referred to as ‘you’ as the context may require;

xi‘website’ means the Linkserv website, owned and operated by Linkserv which can be accessed on www.linkserv.co.za; and

xii‘written notice’ means any notice sent to Linkserv by a user of the website, addressed to Linkserv through the details noted in paragraph 1.9 supra.

3. Use of Website

3.1The purpose for which this website has been established is to provide information with regards to our services and to promote the services we provides, namely the provision of payment and collection solutions to companies and their clients. The services offered on this website may be stated on various platforms. The information provided on such pages are subject to change.

3.2The user’s access to and use of this website is solely at the user’s own risk.

3.3Our Services may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

3.4Use of this website by a user is limited to personal and/or non-commercial purposes only. None of the content from the website will be used or exploited by users for any commercial and non-private purposes, without the prior written consent from the proprietor of the website.

3.5We reserve the right to claim damages from and/or institute criminal proceedings against a user for misuse or infringement of any content published on the website.

3.6Use of this website does not confer any rights, licenses and/or permissions on the user unless expressly set out in these Terms and Conditions.

3.7The user hereby agrees not to use the website for any purpose that is unlawful, improper or prohibited by these Terms and Conditions or laws of the Republic of South Africa.

3.8The user agrees that it will not link or frame any page, in whole or in part, in any manner whatsoever, without the prior written consent.

3.9In using the website a user will not and is specifically prohibited from:

3.9.1Publishing any content from the website on any other media, without the written authorization;

3.9.2Selling and/or otherwise commercializing any content from the website;

3.9.3Using the website in any way that is or may be damaging to the website;

3.9.4Using the website in any way that impacts user access to the website;

3.9.5Using this website contrary to applicable laws and regulations, or in any way which may cause harm to the website, any person or entity;

3.9.6Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website;

3.9.7Using the website to engage in any advertising or marketing;

3.9.8Access or attempt to access any service or content which the user is not authorized to access;

3.9.9Transmitting any worms or viruses or any code of a destructive nature;

3.9.10Attempt to change, adapt or modify any content of the website on the website itself or on another platform; and

3.9.11Disrupt or interfere with the security of, or otherwise cause harm to, the website.

3.10A breach or violation of any of the terms of these Terms and Conditions will result in the immediate termination of the services being provided or to be provided to the user of this website.

3.11We reserve the right to refuse to provide our service to any user of this website.

3.12LINKSERV expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in the Website without prior notice.

3.13Nothing on the Website shall be construed as an offer by LINKSERV to you, the user, but merely an invitation to do business.

3.14You may send content and other communications to and/or via this Website provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. LINKSERV reserves the right to remove or edit such content in its sole discretion.

3.15You hereby represent and warrant that you own or otherwise control all of the rights to the content that you post on this Website; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify LINKSERV or its affiliates from all and any claims resulting from content you supply to LINKSERV. LINKSERV shall not be held responsible or liable for any content posted on the LINKSERV Websites

4. Services

4.1Certain services and services incidental thereto may be made available exclusively through this website, which may change from time to time.

4.2The Client acknowledges that the Service Providers’ terms and conditions of service shall govern the use of such platform or component as between LINKSERV and such Service Provider. The Parties further record and agree that LINKSERV shall, at anytime during the term of this Agreement, be entitled to appoint and/or terminate the services of such Service Providers provided that such appointment and/or termination of Service Providers shall not be materially detrimental to LINKSERV’s performance of its obligations and/or compromise the service levels agreed to in terms of this Agreement.

4.3LINKSERV hereby agrees to ensure that the standard of the Services it shall render to the Client in terms of this Agreement shall be in accordance with relevant industry standards.

5. Accuracy, Completeness and Timelines of Information

5.1We are not responsible if information made available on this website is not accurate, complete or current. The content and/or material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

5.2Any reliance on the content and/or material on this website is solely at the user’s risk.

5.3This website 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 website at any time. Notwithstanding the aforementioned, we are not under any obligation to update any information on the website.

5.4The user of this website hereby acknowledges and agrees that the responsibility to monitor changes to this website as well as these Terms and Conditions falls on the user.

6. Errors, Inaccuracies and Omissions

6.1Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to the service description, or information provided by users. 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 service or on any related website is inaccurate at any time without prior notice.

6.2We undertake no obligation to update, amend or clarify information in the service or on any related website, should be taken into indicate that all information in the service or on any related website has been modified or updated.

7. Hyperlinks To and From Third Party Apps

7.1This website may link the user to other Third Party Websites. We hereby confirm that any link to a Third Party Website does not and should not be interpreted to mean the Third Party Website is under the control or belongs to us.

7.2The user hereby acknowledges that we are not accountable for the accuracy, copyright compliance, legality, decency, or any other aspect with regards to a Third Party Website.

7.3We do not provide any warranties, representation or conditions of any kind for any Third Party Website.

7.4Any links to a Third Party Website may not be construed as an endorsement by us of the Third Party Website’s content or as an association with the operators of the Third Party Website.

7.5Use of any Third Party Website by a user is entirely at the users risk and discretion, as such, it is the prerogative of the user to familiarize himself or herself with and approve of the terms of the Third Party Website.

7.6We will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the content from the Third Party Website.

7.7Any personal information provided to a third party on a Third Party Website as a result of a link on this website is at the user’s risk and we are not responsible for any actions or policies of such third party.

8. Electronic Communications

8.1When a user visits the website and completes a contact form to request information, or when the user sends an email to us, and the user does not explicitly request a non-electronic communication medium; the user consents to receiving communications from us electronically and agrees that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including, but not limited to the requirement that such communications should be ‘in writing’.

8.2The user acknowledges and accepts that the action to click on specified buttons on certain web forms on the website may constitute an expression of consent, agreement or other statement, as the case may be.

9. Agreements in Terms of Section 21 of the Electronic Communications and Transactions Act

9.1No agreement shall be concluded merely by sending a data message to this website or its proprietors. Valid agreements require an offer, acknowledgment of an offer and acceptance thereof from Linkserv.

9.2No email message shall be deemed to have been received by Linkserv until a response has been issued from Linkserv. An automated response from Linkserv shall not satisfy this requirement.

10. Personal Information

A user’s submission of personal information on the website is governed by our Privacy Policy which can be found on our website.

11. Direct Marketing

This website may contain advertisements for related services products and goods, which each user shall have access to as a result of using the website. Furthermore, users who have provided their personal information in view of receiving a service from Linkserv, as such, expressly acknowledge and give consent in terms of Section 69(3) of the Protection of Personal Information Act 4 of 2013 to the Direct Marketing of similar products or services offered by Linkserv.

12. Prohibited Uses

12.1In addition to any prohibitions set out in these Terms and Conditions, the users of the website are prohibited from using the website or its content for:

12.1.1for any unlawful purpose;

12.1.2to solicit others to perform or participate in any unlawful acts;

12.1.3to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

12.1.4to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

12.1.5to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or diability;

12.1.6to submit false or misleading information;

12.1.7to 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;

12.1.8to collect or track the personal information of others;

12.1.9for any obscene or immoral purpose; or

12.1.10to interfere with or circumvent the security features of the website or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related service for violating any of the prohibited uses.

13. Copyright

13.1Copyright © Linkserv 80 Old Main Road, Kloof, KwaZulu Natal, 3610. All rights not expressly granted remain reserved.

13.2Copyright shall vest in all the content contained on the website, irrespective of the form in which it is displayed or presented. We retain its entire right, title and interest in and to the content of the website.

13.3Use of the website by a user does not confer any license or permission by us to the use of the content of the website, save for personal use by the user. Commercial use of any of the content of the App is prohibited unless written permission is obtained from us, in which event the document granting right of use will expressly provide the extent and limitations of the use of the content of the website.

13.4Notwithstanding any other provisions in these Terms and Conditions, the rights as it relates to the content of the website remain reserved.

13.5Your attention is hereby drawn to the fact that Copyright Infringement is a criminal offence.

14. Intellectual Property Rights

14.1All content included on the website, including but not limited to the any information, posts, designs, logos, buttons, icons, software, Trade Marks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in the website are protected by South African and International Intellectual Property Treaties.

14.2Any compilation, meaning; the collection, arrangement and assembly, of all content on the website is the property of Linkserv either as Proprietor or Licensee and is protected by South African and International Copyright and Intellectual Property laws.

14.3The user will not, other than for his or her personal and non-commercial use, store on his or her computer, or any other device, print copies of extracts from the App, mirror or cache information provided on the website, on his or her own server, computer, mobile, device or any other storage facility of whatsoever nature; or copy, adapt modify or re-use the text or graphics from this website, without the prior written permission of us.

14.4All Trade marks reflected on the App are the exclusive property of Linkserv. Unauthorised use of these Trade marks is prohibited. Full details of the Trade marks owned by Linkserv in relation to this website are available upon request.

14.5Notwithstanding any other provisions in these Terms and Conditions, the Intellectual Property rights in the website as it relates to the content of the website remain reserved.

15. Linking and Framing

15.1The website may contain links to other websites (‘Linked Sites’). The Linked Sites are not under the control of Linkserv and are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Linkserv is not responsible for webcasting or any other form of transmission received from any Linked Site. We provide the aforementioned links to the user of this website only as a convenience, and the inclusion of any link does not imply endorsement or association with the operators of any site.

15.2Any third party site may link to this App provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or web site to link any page other than the home page of this website, without the prior written approval of Linkserv.

15.3It is expressly prohibited for any person, business, entity, or App to frame any page of this website, including the home page, in any way whatsoever, without the prior written approval of Linkserv.

16. Our Policy Towards Children

16.1If a parent or guardian becomes aware that his or her child has provided us with Personal Information without his/her consent, he or she should contact us at Sales@linkserv.co.za.

16.2We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.

16.3If you are under the age of 18, please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information via the Services without their permission.

17. Breach

17.1In the event that, the user of this website commits a breach of these Terms and Conditions, the Party will request the other party who committed the breach, by way of a written notice, to rectify the breach within a period of 7 (seven) days.

17.2If the Party in breach fails to rectify the breach within the time frame stipulated supra, the other party may terminate these Terms and Conditions, which constitutes an agreement, immediately.

17.3Nothing in these Terms and Conditions shall be interpreted to preclude any Party from instituting legal proceedings against the other Party who is in breach.

17.4The termination of these Terms and Conditions, for whatever reason, will not affect the rights of either the user of this website or the proprietor of this website, which:

17.4.1May have accrued before the termination of these Terms and Conditions; and

17.4.2Specifically, or by their nature survives the termination of these Terms and Conditions.

18. Disputes

18.1In the event of a dispute between the user and any third party, we will not be involved in such dispute, unless we deem it necessary to protect its rights and interests.

18.2In the event of dispute between the user and the proprietor of this website, the user must address the proprietor of this website, in writing, and forward same to Sales@linkserv.co.za. The administrator will contact the party involved in an attempt to resolve the matter.

19. Privacy Policy

19.1The provisions in these Terms and Conditions are in conjunction with the provisions as contained in the Privacy Policy as provided for on the website, which can be found below.

19.2A user undertakes to provide accurate and current information, and not to impersonate or misrepresent any person or entity.

19.3We agree not to use, without a user’s express consent, a user’s personal information for any purpose other than it was disclosed.

19.4Although we take every precaution to protect the private information of users, and attempts to ensure that all of employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, we take no responsibility for the breach, loss or misuse of such private information when in possession of such parties.

19.5We agree to return or destroy any and all personal information of a Consumer in its possession or control, on written request of such Consumer.

19.6We undertake not to retain any personal information for a period which may be exceed the period for which such information was originally provided, unless it is required by law to do so.

19.7We undertake never to sell or make available the personal information of a user to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.

19.8We shall not be liable for any loss or damage arising as a result of any disclosure of personal information to third parties by a user directly.

20. Platform Security

20.1We will take reasonable steps, to secure the electronic content, and the information provided by and collected from the user, from unauthorised access (hacking) and/or unauthorised disclosure. However, we do not make any warranties nor any representations that content will be 100% (one hundred percent) safe and secure.

20.2General and technical information is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their own browser settings.

20.3We are under no legal duty to encrypt any content or communications from and to the website and is also under no legal duty to provide digital authentication of any page on the website.

20.4Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, but not limited to, to the website or the server and computer network that support the website.

20.5Notwithstanding criminal prosecution, any User who delivers any damaging code to the website, whether on purpose or negligently, will, without any limitation, indemnify and hold us harmless against any and all liability, damages and losses the proprietor of this website and its partners / affiliates may suffer as a result of such damaging code.

20.6Users and visitors of this website may not develop, distribute or use any device to breach or overcome the security measures of the website and we reserve the right to claim damages from any and all persons concerned with a security failure or breach of these Terms and Conditions.

21. Disclaimer of Warranties and Limitation of Liability

21.1Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services provided from and through the website. Furthermore, we makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be uninterrupted and error free.

21.2This website is supplied on an ‘as is’ basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy himself or herself, prior to entering into this agreement with us, that the service available from and through this website will meet the user’s individual requirements.

21.3Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of Linkserv.

21.4The user’s use of the website is dependent on factors beyond the control, such as but not limited to, the user’s network coverage or availability, the user’s ISP availability or the user’s device capability or capacity.

21.5We are not liable for any loss or damage the user may suffer if a factor beyond its control arises and the user cannot access the website.

21.6In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, 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, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

21.7No information or data on the website constitutes an offer to do business, but merely an invitation to consider the service provided by Linkserv.

21.8No agreement shall be concluded merely by sending a data message via the contact form contained on the website or to any email address listed on the website.

21.9No data message sent via the contact form contained on the website or to any email address listed on the website shall be deemed to have been received by us until a response has been issued by us, an automated response from us shall not satisfy this requirement.

22. Waiver and Severability

22.1Any failure or delay by us to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.

22.2In the event that any Term and Condition detailed herein is found unenforceable or invalid for any reason, such separate term(s) or condition(s) will be severable from the remaining Terms and Conditions. The remaining Terms and Conditions will remain enforceable and applicable.

23. Changes and Amendments

23.1We expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

23.1.1Change these Terms and Conditions. The user of this website can review the most current version of these Terms and Conditions at any time by accessing the ‘Terms and Conditions’ link on the website;

23.1.2Change the content and/or services published on the website;

23.1.3Discontinue any aspect of the website, or services published on the website; and/or

23.1.4Change the software and hardware required to access and use the website.

24. Termination

24.1The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

24.2These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.

24.3If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice.

25. Governing Law & Jurisdiction

25.1These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.

25.2Nothing in these Terms and Conditions limits either Parties right to approach a competent Court, tribunal or forum of competent jurisdiction in respect of any dispute arising in connection with this App and which cannot be settled on the basis described in these Terms and Conditions.

26. International Use

The website has functionally worldwide, notwithstanding the aforementioned, we at no time make any representation, whether directly or indirectly, expressly or tacitly that any materials available on this website are appropriate for use outside of the Republic of South Africa. Any access to materials on the website, in any international regions where said access is illegal, is strictly prohibited. Those who choose to access this website from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.

27. Legal Costs

We will not be liable for costs incurred by users to obtain professional advice relating to these Terms and Conditions.

28. Entire Agreement

These Terms and Conditions constitute the entire agreement between the proprietor of the website and a user of the website in relation to your use of this website, and supersede all prior agreements and understandings.