Terms and Conditions

WIZER T’s & C’s

The following document and the Terms thereof, constitute Wizer’s Terms and Conditions of Use and Service (hereinafter referred to as the “Terms”).

Please read these Terms carefully before accessing or using our Services and/or Services. By using our Services and by purchasing any service or product from our Services, you agree to the Terms.

These Terms govern the access and/or use by you, an individual regarding our Services, content, products, and Services (the “Services”) made available by Wizer Holdings (Pty) Ltd with registration number  2019/281162/07 (hereinafter referred to as “Wizer”) on www.wizersa.co.za or its affiliated Servicess, blogs or Servicess (collectively the “Services”) if applicable.

The Terms “user”, “you” and “your” are used interchangeably in these Terms and refer to any and  all persons accessing the Services and/or Services for any reason whatsoever. Accordingly, the Terms “us”, “our” or “we” used in these Terms refers to Wizer. “Parties” shall refer to you and Wizer collectively.

1. Introduction

1.1 Your access and use of the Services and/or Services constitutes your consent to be bound by these Terms, which establishes a contractual relationship between you and Wizer. If you do not agree to these Terms, you may not access or use the Services and/or Services and must stop using or accessing the Services and/or Services.

1.2. These Terms expressly supersede prior agreements or arrangements with you. Wizer may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason at Wizer’s sole discretion.

1.3. Wizer may amend these Terms from time to time. Amendments will be effective upon Wizer’s posting of such updated Terms on the Services. Continued access or use of the Services by you after such posting constitutes your consent to be bound by the Terms, as amended.

1.4. Wizer’s collection and use of your Personal Information in connection with the Services or collected through the use of the Services will be regulated as set out further below in these Terms.  

2. The Services

2.1 The Services constitute an online information platform where further information can be obtained about Wizer and messages can be sent to the Wizer’s employees and staff.

2.2. The Services include all the legal products and/or Services marketed and sold by Wizer to you as more fully displayed on the Services.

2.3. Unless otherwise agreed by Wizer in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

2.4. No Services purchased by you may be sold or reproduced without Wizer’s written consent.

3. CONTRACTUAL RELATIONSHIP

3.1. If you make use of the Services, you do so entirely at your own risk. Please ensure that you are aware of all the applicable third party polices and Terms when using their Services and/or accessing their Services which could be available through the Services and/or Services.

3.2.Wizer does not warrant that the Services purchased from Wizer will be suitable for the purpose which it has been purchased for by yourself and takes no responsibility for the motive behind why the Services are purchased.

3.3. Subject to adherence to the Terms, Wizer grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Services on any machine which you are the primary user. However, nothing contained on our Services should be construed as granting any licence or right to use any intellectual property, confidential information or Personal Information of Wizer without the prior written permission of Wizer. s otherwise agreed by Wizer in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

3.4. The Services may be made available or accessed in connection with third party Services and content (including advertising) that Wizer does not control. You acknowledge that Wizer shall at no time be held responsible in any manner for the information and or Services delivered by third party service providers or the accuracy of such information or Services.

3.5. You acknowledge that different Terms of use and privacy policies may apply to your use of such third party Services and content and that it is not Wizer’s responsibility to display or make you aware of such Terms and policies.

4. USER RESPONSIBILITIES OBLIGATIONS AND WARRANTIES

4.1. By using our Services and/or the Services, you warrant that:

4.1.1 you have read and agreed to these Terms and will use the Services and the Services in accordance with them;

4.1.2.  you agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You agree that you will not, in your use of the Services, contravene any law or purposefully cause any damages whether to Wizer, a third party or another consumer.

4.1.3. you are solely responsible for obtaining network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services and/or Services.

4.1.4. you will not interfere or attempt to interfere in any manner whatsoever, whether manually or automatically with the operation or functionality of the Services including but not limited to uploading or making available files containing corrupt data or viruses.

4.1.5. you will not infringe any third party or the Services’s intellectual property, policies, Terms of use or other rights.

4.1.6. facilitate or assist any third party to do any of the above. If you become aware of a third party that have attempted to or that will attempt to do any of the above, you will notify Wizer promptly of same by sending an email to info@Wizersa.co.za.

5. HYPERLINKS, DEEP LINKS, FRAMING

5.1. The Services may include links to other internet Servicess or pages as the case may be (“external sites“) Wizer does not own or endorse the external sites and is not responsible for any information, material, products or Services contained on or accessible through the external sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites and the user acknowledges that it accesses such external sites at its own risk.

5.2. Wizer does not purport to own the content on external sites which may be shown on the Services or to be affiliated with same unless expressly stated otherwise on our Services.

5. RECEIPT AND TRANSMISSION OF DATA MESSAGES

6.1. Sending and receiving of data messages shall be governed in Terms of the Electronic Communications and Transactions Act No 25 of 2002 (hereinafter referred to as “ECTA”)

6.2. Wizer reserves all its 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 appropriate action against any sender of such e-mail or data message where necessary and to report such conduct to the necessary authorities. 

6.3. You agree and acknowledge that any messages sent through the internet by Wizer cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. You therefore agree that Wizer is therefore not responsible for the accuracy of any message sent by email or the Services through the internet, whether from Wizer to a user or from a user to Wizer.

6.4. The user acknowledges that electronic signatures, encryption and/or authentication are not required for valid electronic communications between Wizer and the user.

6.5. The user warrants that any messages or data messages sent to Wizer during its use of the Services or the Services from time to time, from a device owned by the user at that time, was sent and or authorised by such user, personally.

7. INTELLECTUAL PROPERTY PROTECTION

7.1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, code, copyright (as well as the organisation and design of the Services) together with the underlying software and source code and everything submitted by you to the Services and Wizer in use of the Services, (“the Intellectual Property”) are owned by Wizer, its shareholders, associates and/or partners, whether directly or indirectly, and as such, you are prohibited from using, adapting, reselling, purporting to own, modifying same without the express written consent of Wizer.

7.2. Subject to the rights afforded to you in these Terms, all other rights to all the Intellectual Property on the Services and related to the Services are expressly reserved. No user may copy, print, publish modify, alter, download, broadcast, distribute, sell or transfer any Intellectual Property, published articles, graphics, advertising material or other material on the Services, without the written consent of Wizer first being granted, which consent may be refused at the discretion of Wizer.

7.3. Wizer reserves the right to make improvements or changes to the Intellectual Property, information, artwork, graphics and other materials on the Services, or to suspend or terminate the Services and/or Services, at any time without notice; provided that any transactions already concluded through the Services will not be affected by such suspension or termination (as the case may be).

7.4. Any enquiries regarding any of the above relating to Intellectual Property must be directed to Wizer at info@Wizersa.co.za.

8. PERSONAL INFORMATION AND PRIVACY

8.1. Wizer respects your privacy and the rights awarded to you regarding your Personal Information,  and will take all reasonable measures to protect it.

8.2. The following will be regarded as information which Wizer may collect, process and use, (“Personal Information”) should you decide to submit such Personal Information to Wizer as a user on the Services or for the Services  or if required:

8.2.1. [Information provided by the user]. Wizer may collect Personal Information of the user which is personally identifiable including, the user’s name and surname, address, age, geo-location, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, that are not otherwise publicly available); and 

8.2.2. [Automatically collected information]. Wizer receives and stores information which is transmitted automatically from the user’s device when the user uses the Services. This information includes information from cookies, the user’s Internet Protocol address, browser type, geolocation, embedded web links, and other commonly used information-gathering tools.

8.3. Should your Personal Information change or reasonably foreseeably may change, please inform us and provide us with updates to your Personal Information as soon as reasonably possible to enable Wizer to update it.

8.4. Wizer is under no obligation to ensure or verify that your Personal Information or other information supplied by you is correct.

8.5. You warrant that your Personal Information disclosed to Wizer or the Services is directly from you as the user of the Services or in connection to the Services and such information provided to Wizer are both true and correct.

8.6. Your Personal Information will only be used or processed for Wizer’s legitimate business purposes and as a necessary function of your engagement with the Services and/or the Services, which you expressly consent to, and Wizer will not, without your express prior consent disclose your Personal Information to any third party other than as set out below:

8.6.1. to our employees and/or third parties who assist us to interact with you via our Services, email or any other method, for the ordering of your Services, and thus need to know your Personal Information in order to assist us to communicate with you as and when required;

8.6.2. to our subcontractors or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new product or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through same correspondence with us);

8.6.3. to applicable law enforcement agencies or personnel, authorised government officials, fraud detection institutions or other third parties when Wizer bona fide believes that the disclosure of your Personal Information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms; and

8.7. Wizer is also entitled to use or disclose your Personal Information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Wizer. In the event of a fraudulent online payment, Wizer is entitled to disclose relevant Personal Information for criminal investigation purposes or in line with any other legal obligation for disclosure of the Personal Information which may be required of it without such user’s prior consent and permission.

8.8. To ensure that Wizer protects your Personal Information as far as reasonably possible and required by law, Wizer will:

8.8.1. treat your Personal Information as strictly confidential, save where we are entitled to share it as set out in this Terms or permitted/required by law;

8.8.2. take reasonable measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access of other unauthorised third parties as far as reasonable possible;

8.8.3. provide you with reasonable access to your Personal Information to view and/or update personal details on the Services, if relevant;

8.8.4. upon your request, promptly correct, return or destroy any and all of your Personal Information in our possession or control, save for that which we are legally obliged or entitled to retain subject to the further Terms of these Terms.

8.8.5. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information;

8.9. Wizer undertakes never to sell or make your Personal Information available to any third party other than as provided for in these Terms

8.10. Although Wizer will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your Personal Information, whilst in our possession, made by third parties who are not subject to our control.

8.11. If you disclose your Personal Information to an associated third party, such as an entity which operates a Services linked to the Services or anyone other than Wizer, Wizer shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party.

8.12. Our Services may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Services can use (to recognise repeat users, facilitate the user’s on-going access to and use of a Services and allow a Services to track usage behaviour and compile aggregate data that will allow the Services operator to improve the functionality of the Services and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is normally not used to personally identify you.

8.13. For any Personal Information held by any third party relevant to the Services or the Services the user must approach such party regarding the user’s personal data rights with them, and not Wizer.

9. DISCLAIMERS AND WARRANTIES

9.1. The Services, including any intellectual property appearing therein, is provided “as is” and “as available”. Wizer makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Services or the information contained in it.

9.2. Wizer, its shareholders, directors,  employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on the Services and/or transactions resulting therefrom.

9.3. Due to the reason, purpose, motive, details and lawfulness in relation to why the Services are purchased by the user may vary, Wizer will not and shall not be held responsible for any errors, irrelevancies, mistakes or oversights which may have happened or which may occur through the use of the Services by the user.

9.4. Wizer, its shareholders, directors, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation, altering, use and offering of the Services, and access to, or use of, the Services or Services in any manner.

9.5. Wizer does not warrant or represent that your access to the Services and/or Services will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Services will be free of viruses or defects of any nature. Your access to and use of the Services remains solely your own risk and the user should take their own precautions accordingly.

10. INDEMNITIES

10.1. The user expressly and herewith indemnifies and holds harmless Wizer, its shareholders, directors, affiliates, employees, and partners 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 or adaptation of the Services and/or Services in any way.

10.2. The user agrees to indemnify, defend and hold Wizer harmless from any direct or indirect liability, loss, claim and expense, including legal fees on an attorney and own client scale, related to the user’s breach of these Terms.

10.3. By using or purchasing the Services, the user understands that its uses or purchases such Services at its own risk and holds Wizer harmless for any damages which may arise from the use of such Services by the user or by a third party, whether consequential or not.

11. DISPUTE RESOLUTION AND GOVERNING LAW

11.1. The laws of South Africa shall govern these Terms and the use of any Service or the Services.

11.2. Should any dispute or claim arise between Wizer and the user concerning use of the Services or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind, within 10 (ten) days of such request by either party.

11.3. Should the parties fail to resolve such dispute in the aforesaid manner, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.

11.4. The user agrees that in no circumstance shall the user publicize any dispute on any social media or other public platform whatsoever. The user understands that any publicity of this nature can cause serious damage to Wizer, which damage may result in Wizer instituting a financial claim against the user.

11.4. In the event of the user breaching these Terms, the user shall be liable for all legal costs, on the scale as between attorney and client, including collection commission, which may be incurred by Wizer in relation to the payment failure or breach.

12. TERMINATION OF USE OF SERVICES OR SERVICES

12.1. Wizer always reserves the right to terminate your use of the Services if you breach any of the Terms, or for any other reason or to not provide the Services to you should you have breached these Terms in any manner.

12.2. If you wish to terminate the agreement with Wizer, you may do so by not using the Services and/or Services.

13. NOTICES AND SERVICE ADDRESS

13.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

13.1.1. in the case of Wizer, at info@Wizersa.co.za ; or  

13.1.2. in the case of the user, at the e-mail and addresses provided by the user to Wizer and/or the Services from time to time;

13.2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will only become effective 14 (fourteen) days after informing the other party thereto in writing.

13.3. 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 as permitted and stated by ECTA.

14. GENERAL

14.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated expressly in these Terms, 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 or their duly authorised representatives.

14.2. No indulgence, leniency or extension of time granted by Wizer shall constitute a waiver of any of Wizer’s rights under these Terms and, accordingly, Wizer shall 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.

14.3. Each term or clause in these Terms and any portion thereof shall be considered severable and if, for any reason term or clause is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation 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 term or clause hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

14.3. Should you have any complaints or queries, kindly address an e-mail to info@Wizersa.co.za advising Wizer of same.