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EZ-rate is a easy to use customer satisfaction tool to help your company be the best they can. It uses a email signature to allow your customer to rate your services by simply clicking on a button.

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Terms

EZRate Tool EULA – Email Signatures Software
Document version	-	v011221

BY USING THE SERVICES OR UNDERLYING SOFTWARE OR BY CLICKING ON THE “I AGREE” BUTTON, YOU CONSENT TO BE LEGALLY BOUND BY THESE TERMS.  
FROM THE MOMENT YOU CLICK “I AGREE” ANY TRIAL SERVICE AND TRIAL TERMS WILL IMMEDIATELY END AND CEASE TO HAVE EFFECT AND THESE TERMS WILL BE BINDING ON YOU AND US.  
IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU WARRANT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” OR THE “CUSTOMER” SHALL REFER TO SUCH ENTITY, IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MUST NOT USE THE SERVICES.  
YOUR ATTENTION IS DRAWN TO CLAUSE 9 WHICH CONTAINS IMPORTANT LIMITATIONS AND EXCLUSIONS OF LIABILITY.  
THESE TERMS INCLUDE THE SCHEDULES AND APPENDICES. ANY REFERENCES TO THESE TERMS INCLUDES A REFERENCE TO THE SCHEDULE AND THE APPENDICES. REFERENCES TO CLAUSES ARE TO CLAUSES OF THE MAIN BODY OF THESE TERMS AND REFERENCES TO PARAGRAPHS ARE TO PARAGRAPHS OF THE SCHEDULE.  
TO THE EXTENT THAT THE SCHEDULE APPLIES TO THESE TERMS PURSUANT TO CLAUSE 7 THE PARTIES ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE TERMS OF THESE TERMS AND THE SCHEDULE TO THESE TERMS (INCLUDING THE APPENDICES) IN RELATION TO THE PROCESSING OF PERSONAL DATA (AS THOSE TERMS ARE DEFINED IN THE SCHEDULE) THEN (I) THE TERMS OF THE SCHEDULE SHALL PREVAIL TO THE EXTENT OF SUCH CONFLICT OR INCONSISTENCY AND (II) THE PROCESSOR SHALL BE DEEMED NOT TO BE IN BREACH OF THESE TERMS AS A RESULT OF COMPLYING WITH THE TERMS OF THE SCHEDULE. 
THESE TERMS SUPERCEDE ANY PRIOR TERMS APPLICABLE TO THE PARTIES UNLESS SPECIFICALLY AGREED IN WRITING.  
 
1. SUBSCRIPTION TO AND USE OF THE SERVICES 
i. By accepting these Terms and subscribing to the Services, we grant you a non-exclusive, non- transferable, and, other than as permitted in clause 1(ii), non-sub-licensable right for you and your staff to use the Services, the associated documentation and on-line guides, and the underlying software solely for your internal business operations during the term of these Terms. 
ii. You are prohibited from allowing access to the Services to third parties. However, you may choose to offer access to and use of the Services to your affiliates (meaning any entity that directly or indirectly controls, is controlled by, or is under common control with you) (“Permitted Access”) provided that where you offer such Permitted Access 
(a) you shall ensure that all such use and access comply with these Terms; 
(b) you shall remain the contracting party with us and you shall be responsible for the payment of all subscription fees including (without limitation) any fees payable in respect of the Permitted Use; 
(c) you shall retain full responsibility for all acts and omissions of such persons in relation to such access to and use of the Services and you shall be liable for all acts and omissions of those with Permitted Access as if they were your own acts or omissions.     
iii. You agree that neither you nor your affiliates with Permitted Access shall take any action intended to interfere with or disrupt the Services or any other user’s use of the Services. 
iv. You agree to notify us immediately upon becoming aware of any unauthorised use or access of the Services or the underlying software. 
v. You agree on demand to indemnify us from and against all losses, costs, demands, damages, judgments, claims, settlements, interest, fees and expenses (including but not limited to legal fees and other professional fees) arising out of or in connection with a breach by you of or failure by you to fully comply with clause 1 vi. 
vi. You agree that you will not: 
a) use or access the Services for illegal, immoral or improper purposes; 
b) use or access the Services to create products or services which compete with the Services or underlying software; 
c) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: 
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or underlying software in any form or media or by any means; 
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services or the underlying software; 
d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services or underlying software available to any third party except those with Permitted Access; 
e) allow Services or the underlying software to become the subject of any charge, lien or encumbrance; 
f) in respect of any custom fonts which are uploaded to our systems by you (or on your behalf) for use in connection with the Services: 
(i) breach the terms of the licence between you and the third-party grantor in respect of the use of such fonts or 
(ii) upload any such fonts unless you have in place at the time of upload and maintain in place for the duration of these Terms a license authorising use of such fonts in connection with the Services; 
g) use the Services and the underlying software in any manner which will or may breach any laws, rules, regulations and/or codes which are legally binding and which are applicable to the use of the Services (and underlying software) including (without limitation) any laws applicable to the protection of personal data; and 
i) use the Services in any manner or for a purpose not permitted by applicable export laws, regulations or sanctions; nor export or re-export the Services to any country, region, organisation or individual that is named as a restricted area or person on any applicable export laws, regulations or sanctions. 
 
2. SUBSCRIPTION DURATION, FEES, BILLING AND RENEWAL 
i. The minimum subscription period for the Services is twelve (1) months from and including the date that you start to use the Services under and/or in connection with these Terms (“Initial Period”). Following the expiry of the Initial Period your subscription shall continue automatically unless and until cancelled in accordance with clause 4 
i, or otherwise in accordance with these Terms. 
ii. By subscribing to the Services, you agree to pay the applicable subscription fees (as selected by you during the online subscription process) plus any applicable taxes and duties, if any.    
iii. EZRate reserves the right to change the subscription fees at the end of the Initial Period and each anniversary thereafter. Any such change shall be stated on EZRate’s renewal invoice at the time but in no event shall any such increase be more than eight per cent.

3. PAYMENT 
i. During the registration process, we may ask you to choose 
i) your preferred subscription fee structure and 
ii) one of the payment methods accepted by us for your subscription fees being either a) credit or debit card or b) direct debit. If your card details change, you must notify us failing which your subscription could be suspended or terminated. 
ii. If your subscription is cancelled by either you or us for whatever reason, we will not provide a refund or credit for any unused subscription period as we will incur costs as a result of the cancellation. 
iii. We use a third-party intermediary to manage credit and debit card processing. This intermediary is not permitted to store, retain or use your billing information except as required to process your credit or debit card payment for us. You give us authority to share your information (including without limitation credit and debit card details) with the third-party intermediary for such purposes. 
iv. We will email you with a copy of our invoice for the relevant payment period. It is your responsibility to ensure that we are updated on the email address to which you require invoices to be sent. 
v. You shall pay each invoice submitted to you by us in full and cleared funds within fourteen (14) days of the date of the relevant invoice (the “Due Date”). Where you choose to pay by credit or debit card, you authorise us to charge your payment method automatically for the subscription fees payable under these Terms. 
vi. You are responsible for paying any taxes (including without limitation any sales, use or withholding taxes now or hereafter enacted), and any duties, levies, excises or tariffs (together “duties”), that are applicable to receipt of the Service. All payments hereunder shall be made without deduction for taxes or duties of any kind or nature. 
vii. If you fail to pay any amount due from you under these Terms on or before the Due Date for such amount, you shall pay interest on the overdue amount at the rate of four per cent (4%) per annum above the South African Reserve Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the Due Date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount. 
viii. We may suspend all Services until all overdue payments have been made in full. 
 
4. TERM AND TERMINATION 
i. These Terms will remain in force for the duration of the usage of the Services. 
ii. You may cancel your subscription at the end of the Initial Period by giving us 30 days prior notice in writing effective at the end of the Initial Period. After the end of the Initial Period, you may cancel your subscription at any time by giving us 30 days’ notice in writing. 
iii. Without affecting any other right or remedy available to us, we may terminate these Terms for convenience at any time by giving you not less than 60 days’ notice in writing. 
iv. Without affecting any other right or remedy available to it, either party may terminate these Terms with immediate effect by giving written notice to the other party if: 
a) the other party commits a material breach of any term of these Terms which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; 
b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts; 
c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; 
d) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party; 
e) person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; 
f) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or 
g) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clauses (b) – (f) inclusive above. 
v. Without affecting any other right or remedy available to us, we may terminate these Terms with immediate effect by giving written notice to you if you fail to pay any amount due under these Terms on the Due Date for payment and remain in default not less than 14 days after being notified in writing to make such payment. 
vi. On termination of these Terms: 
a) all licences granted under these Terms shall immediately terminate and you shall immediately cease all use of the Services and the underlying software and shall procure that all those with Permitted Access cease the use of the Services and the underlying software; and 
b) you shall immediately pay all sums due and / or invoiced by us in respect of fees payable under these Terms; and 
c) we may raise a further invoice which shall be payable immediately in respect of fees payable pursuant to these Terms in respect of which we have not previously raised an invoice 
vii. Termination of these Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry. 
viii. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in full force and effect. 
 
5. INTELLECTUAL PROPERTY RIGHTS 
i. You acknowledge that we (or where applicable our licensor) own all rights, title and interest in and to all intellectual property rights in the Services, the associated documentation and on-line guides, and the underlying software used to provide the Services. These Terms do not grant you any rights to the same other than the rights expressly set out in these Terms.     
ii. You agree not to remove any copyright or proprietary notices used in connection with the Services. Certain marks, words and logos displayed as part of the Services, which may or may not be designated by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks belonging to us or our suppliers. You are not authorized to use any such marks. Ownership of all such marks and the goodwill associated with them remains with us or our suppliers. 
iii. If any third party brings any claim or action or otherwise alleges that the use of the Services (or any part thereof) infringes any intellectual property rights of that third party (a “Claim”) or you become aware of any intention by a third party to make a Claim then you shall immediately: 
a) give us written notice of the Claim, specifying in reasonable, clear, full and accurate detail the nature of the Claim; 
b) not make any admission of liability, agreement or compromise in relation to the Claim without our prior written consent (which we may in our sole and absolute discretion withhold); 
c) give us and our advisors access to your premises and your officers, representatives, directors, employees, sub-contractors and to any relevant documentations and records which are within your control and allow us and our advisors to take copies for the purposes of assessing the Claim; 
d) procure that we and our advisors are given access to those with Permitted Access on terms equivalent to those set out in clause 5(iii)(c) above; 
e) provide such assistance in managing, negotiating, settling and resolving the Claim as we reasonably request; and 
f) allow us to have full conduct of the Claim including without limitation its management, negotiation, settlement and resolution. 
 
6. PRIVACY POLICY
In this policy the following words and expressions shall, in addition to their respective ordinary meanings, bear the following meanings assigned to each of them respectively:
“Act” means the Protection of Personal Information Act, 2013;
“Company” means Ancode ;
“Device” means any computer used to access the Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device;
“Service” means EZ Rate.
This Privacy Policy provides the Company’s policies and procedures of for collecting, using, processing and disclosing your information. Users can access the Service through the Company’s website. This Privacy Policy governs the access of the Service, regardless of how it is accessed, and by using the Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy on these terms and conditions. All of the different
forms of data, content, and information described below are collectively referred to as “Information”.
The Information We Collect and Store
We may collect and store the following information when running the Service:
Information Provided by You When you register on the Website, you are required to provide us with certain personal information, such as your name, phone number, billing information, email address and business postal addresses.
Log Data
When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.
Cookies
We may also use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.
How We Use Personal Information
Personal Information
In the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used:
(i) to provide and improve our services and/or products and/or the website, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your Profile information.
Analytics
We also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.
Information Sharing and Disclosure
Your Use
Your Information may be displayed to other users in the course of utilising the Service. We will however always endeavor to ensure that such disclosure falls within the ordinary parameters of the product design and use, and your selected parameters for such use. You can review and revise your information at any time. We do not sell your Information to any third party Service Providers, Business Partners and Others.
Compliance with Laws and Law Enforcement Requests; Protection of the Company’s Rights
We may disclose to third parties’ files stored in your account and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary in order to:
in order to comply with a law, including the Act; in order protect the safety of any person from death or serious bodily injury;  revent fraud or abuse; or to protect the Company’s property rights.
Non-private or Non-Personal Information
We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
Changing or Deleting Your Information
If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law. 
Data Retention
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account. We may retain and use your information in order to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.
Security
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, contact us at info@ezrate.co.za.
Compliance with the Act
The whole of this Privacy Policy is subject to - and shall be interpreted in compliance with - the Act.
Changes to our Privacy Policy
This Privacy Policy may change from time to time. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy. 
7. CONFIDENTIALITY 
i. The parties may not disclose or make available information which is proprietary or confidential and which is marked as “Confidential” or which would be regarded as confidential by a reasonable business person (the “Confidential Information”). Confidential Information shall include (but not be limited to) details of the Services, the associated documentation, on-line guides, and the technology and software used to provide and use the Services. 
ii. The parties agree not to use the Confidential Information of the other party for any purpose other than the use of or provision of the Services in accordance with these Terms. The parties agree not to disclose the Confidential Information of the other party to third parties and agree that they will restrict its disclosure to their employees who need to have the Confidential Information in order to carry out their employment duties. We may disclose your Confidential Information to persons of the type detailed in clause 11vi where we exercise our rights thereunder. Where we do this, we will put in place with such persons confidentiality obligations equivalent to those set out in this clause 6.  
 
8. SERVICE LEVELS AND WARRANTY 
i. We will use reasonable skill and care in providing the Services. 
ii. If the Services are unavailable or defective in any way then to the extent that such defect or unavailability is caused by a breach of these Terms by us, we will, at our expense, use reasonable endeavours to correct any such unavailability or defect promptly. Such correction is your sole and exclusive remedy for 
i)	the unavailability of the Services and 
ii)	any breach of the undertaking set out in clause 8i. 
iii. Notwithstanding the foregoing, we: 
a) do not warrant that use of the Services will be uninterrupted or error-free; and 
b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including without limitation the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications networks and facilities. 
iv. We provide no assurance or guarantee that the Services will provide a solution to your specific needs. 
v. The Services are not bespoke or tailored to you and we do not warrant that the Services will meet your requirements. We offer no refund where you purchase the Services and then decide that they are not suitable for your requirements or are not required for any reason. 
 
9. OUR LIABILITY 
i. Nothing in these Terms shall limit or exclude our liability for: 
a) death or personal injury caused by negligence; 
b) fraud or fraudulent misrepresentation; or 
ii. Subject to clause 8 i, we shall not be liable to you, whether in contract, tort (including without limitation negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for: 
a) loss of profits; 
b) loss of sales or business, business opportunity or goodwill; 
c) loss or corruption of data or information; 
d) loss of agreements or contracts; 
e) loss of anticipated savings; 
f) loss of or damage to goodwill; 
g) loss of use or corruption of software, data or information; or 
h) any indirect, special or consequential loss.  
iii. Subject to clauses 8 i and 8 ii, our maximum liability to you per claim or series of connected claims under or in connection with these Terms, whether in contract, tort (including without limitation negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms shall be limited to the greater of 
(a)	125% of the fees paid by you to us in the 12 months’ period preceding the date of the incident(s) giving rise to the relevant claim and (b) R5,000 (five thousand rands). 
 
10. FORCE MAJEURE i. The following definition is used in this clause 
10: a) “Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation: 
1) acts of God, flood, drought, earthquake or other natural disaster; 
2) epidemic or pandemic; 
3) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; 
4) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; 
5) collapse of buildings, fire, explosion or accident; 
6) any labour or trade dispute, strikes, industrial action or lockouts;     
7) non-performance by suppliers or subcontractors; and 
8) interruption or failure of utility service or telecommunications network. 
ii. Provided it has complied with clause 9 iii, if a party is prevented, hindered or delayed in or from performing any of its obligations under these Terms by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. 
iii. The Affected Party shall: 
a) as soon as reasonably practicable after the start of the Force Majeure Event, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under these Terms; and 
b) use reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations. 
iv. If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than 30 days, the party not affected by the Force Majeure Event may terminate these Terms by giving not less than 14 days' written notice to the Affected Party. 
 
11. GENERAL 
i. No failure or delay by us in enforcing our rights or remedies shall prejudice or restrict any rights or remedies available to us. No waiver of any rights or remedies available to us or of any breach of any contractual terms by you shall be valid unless in writing signed by one of our directors. A waiver shall not be deemed a waiver of any subsequent breach or default. 
ii. Subject to clause 2iv, we may amend these Terms from time to time at our discretion. All revised Terms will be displayed when you first log in after we have made the change, will be published on our website at https://www.ez-rate.net/ thermometer-eula and shall be effective immediately on publication. If you do not agree with the revisions made to our Terms, you will have the right to terminate the subscription by giving us 30 days’ notice in writing any time thereafter. 
iii. The parties agree to comply with all applicable anti-bribery, corruption and anti-money laundering laws and regulations. 
iv. Save as set out in clause 2iv, 2v and 11ii, no variation of these Terms shall be effective unless in writing and signed by the parties (or their appointed representatives). 
v. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. 
vi. These Terms are personal to you and you shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under these Terms. 
vii. We may at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of our rights under these Terms. Where we subcontract any element of the Services, we shall be responsible for the acts and omissions of our subcontractors as if they were our own. You agree that you shall, on request, provide reasonable assistance to us as required to give effect to this clause 11 vi. 
viii. Unless expressly stated to the contrary in these Terms (including without limitation under clause 11 ii), all notices given to a party under or in connection with these Terms shall be in writing and shall be delivered by hand, by pre-paid recorded delivery or by pre-paid tracked airmail at its registered office (if a company) or its principal place of business (in any other case). Notices shall be deemed to have been received: 
a) when delivered, if delivered by hand; 
b) on the fourth day after posting if sent by pre-paid recorded delivery;     
c) on the tenth day after posting, if posted by pre-paid tracked airmail. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. 
ix. No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of the Terms whether under the Contracts (Rights of Third Parties). 
x. These Terms and the fee details referred to in clause 2 iii contain the whole agreement between you and us in relation to their subject matter and supersede all prior agreements, promises, assurances, warranties, representations, arrangements and understandings between you and us relating to that subject matter. 
xi. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms. 
xii. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party. 
xiii. The parties hereby agree that these Terms and any dispute or claim (including without limitation non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the laws of South Africa. The parties hereby irrevocably submit to the exclusive jurisdiction of the English courts to settle any dispute or claim (including without limitation-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

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