Website Terms

1.         INTRODUCTION

1.1.                  This website, www.sourcefin.co.za (“website”) is owned and operated by Sourcefin (Pty) Ltd, (2020/547484/07) (“Sourcefin”), a private company registered in the Republic of South Africa.

1.2.                  Sourcefin further owns and operates the following websites/domains –

1.2.1.                          https://sourcefin.breezy.hr/;

1.2.2.                          https://app.sourcefin.co.za/; and

(hereinafter, referred to as the “IT platforms”)

1.3.                  These terms and conditions apply when you visit the website and IT platforms for the first time and throughout your use of the website and IT platforms.

1.4.                  Please read these terms and conditions, together with Sourcefin’s privacy policy, carefully as it governs Sourcefin’s relationship with you in relation to your use of the website and IT platforms and will constitute an ongoing binding agreement between Sourcefin and yourself.

2.         ACCEPTANCE OF THESE TERMS AND CONDITIONS

By using the website and/or IT platforms, you expressly agree to the terms and conditions. If you do not agree to all of the terms and conditions, please do not continue to use the website and/or the IT platforms.

3.         AMENDED OR UPDATED TERMS AND CONDITIONS

3.1.          Sourcefin reserves the right to amend these terms and conditions at any time, in any way and from time to time. Sourcefin will publish the amended terms and conditions on the website, with such amendments coming into effect immediately.

3.2.          It is your responsibility to review the amended terms and conditions, and to ensure that you agree with any amendments to these terms and conditions. If you do not agree with any amendments, please do not continue to use the website and/or the IT platforms. Sourcefin may periodically update or change these terms and conditions without notice. 

4.         DURATION AND CANCELLATION

4.1.          These terms and conditions shall constitute an ongoing binding agreement between Sourcefin and yourself.

4.2.          Sourcefin may, in its sole discretion, terminate or suspend your access to and use of the website and IT platform without notice for any reason whatsoever, including, but not limited to, violation of these terms and conditions.

5.         REGISTRATION

5.1.                  In order to register and create an account with Sourcefin for the access to and the use of Sourcefin’s services, you shall be required, as an individual or entity, to –

5.1.1.                          possess a valid South African identity document or a valid South African passport; or

5.1.2.                          possess a valid foreign passport or a foreign identity document and valid work permit;

5.1.3.                          possess a valid bank account with a registered South African financial institution;

5.1.4.                          possess a valid proof of address;

5.1.5.                          possess a valid Companies and Intellectual Property Commission certificate pertaining to the entity;

5.1.6.                          provide Sourcefin with a valid email address;

5.1.7.                          to create a username and password which will enable you to access your account; and

5.1.8.                           

provide Sourcefin with your and your entity’s personal information and any other information which Sourcefin may deem necessary.

5.2.                  It is specifically recorded that Sourcefin reserves the right to refuse and/or reject, for any reason whatsoever, your application for registration and the use of the website and IT platforms.

6.         USE OF SOURCEFIN’S LOGO, CONTENT AND IMAGE

You are prohibited from using the content of the website and IT platforms, Sourcefin’s logo or any other images that appear on the website and IT platforms, without the prior written consent of Sourcefin. A failure to comply with this shall constitute an unlawful infringement of the intellectual property rights of Sourcefin and its licensors.

7.         ADVERTISING AND HYPERLINKS

From time to time, external hyperlinks and advertising may appear on the website and IT platforms. These hyperlinks do not constitute any relationship between Sourcefin and any linked third party or any endorsement by Sourcefin of such third party. Sourcefin does not necessarily endorse such third parties or their products and/or services. Your reliance on any information via the external hyperlinks, advertising or otherwise contained in such material is entirely at your own risk.

8.         ACCURACY OF WEBSITE CONTENT

8.1.                  Sourcefin does not warrant that the content or information displayed on the website and/or IT platforms is always accurate, complete and/or current.

8.2.                  Sourcefin reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and IT platforms. No Information contained on the website and IT platforms shall be construed as advice and same is offered for information purposes only.

9.         PROHIBITED CONDUCT

You hereby agree not to –

9.1.                  use the website and/or IT platforms for an unlawful, illegal or fraudulent purpose;

9.2.                  violate any applicable laws;

9.3.                  interfere with or disrupt the website and IT platforms’ functionality or security;

9.4.                  attempt to gain unauthorised access to any part of the website and IT platforms;

9.5.                  use any automated systems or software to extract data from the website and/or IT platforms.

10.      INTELLECTUAL PROPERTY

Sourcefin owns all rights, title and interest, including without limitation, all related intellectual property rights in and to the website and IT platforms and/or other material on the website and IT platforms. You are only permitted to view, print or electronically store a copy of any information on the website and IT platforms, including these terms and conditions, solely for your personal, lawful, non‑commercial use and a failure to do so shall constitute an unlawful infringement of the intellectual property rights of Sourcefin or its licensors.

11.      DATA PROTECTION

For more information on how your personal information will be processed, please refer to Sourcefin’s privacy policy and PAIA manual.

12.      INDEMNITIES

You hereby indemnify Sourcefin against any loss due to or arising out of your use of the website and IT platforms.

13.      LIMITATION OF LIABILITY

13.1.               Your use of the website and IT platforms are entirely at your own risk. Sourcefin accepts no liability, to the extent permitted by law, for any damages, however arising, whether direct, indirect, incidental, special or consequential loss from the access to or use of the website and IT platforms.

13.2.               Sourcefin shall not be liable for any damages arising out of the use of (or inability to use) the website and IT platforms, including without limitation, damages resulting from any (i) failure and/or delay in the transmission of electronic correspondence and/or communication; and/or (ii) unauthorised access and/or manipulation of such correspondence by third parties and/or computer program/s.

14.      RESTRICTIONS OF USE OF WEBSITE

14.1.               No person, business or website may frame this website or any of the pages on this website or use any other framing technique to enclose any portion or aspect of the website, or mirror or replicant any portion of the website.

14.2.               Sourcefin prohibits deep linking to any other pages in a manner that would incorrectly suggest endorsement or support of Sourcefin or suggest that you are the owner of any intellectual property belonging to Sourcefin.

14.3.               No person, business or website may sue any technology (including spiders or crawlers) to search and gain any information from this website.

15.      NOTICES

Any notice in terms of these terms and conditions shall be in writing and served by personal delivery or by email. Sourcefin chooses 105 Corlett Drive, Birnam, 2196 and hello@sourcefin.co.za as its physical address and email address respectively for receipt of legal service.

16.      GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed under the laws of the Republic of South Africa, and you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, South Africa.

17.      GENERAL

17.1.               These terms and conditions constitute the entire agreement between yourself and Sourcefin.

17.2.               No failure or delay by Sourcefin in exercising any right under these terms and conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the rights of Sourcefin under these terms and conditions.

17.3.               Any and all copyright subsisting in the IT platforms vests in Sourcefin or its licensors, as the case may be, and all rights not expressly granted are reserved.