1 USER AGREEMENT
1.1 This website forms part of the ProFoundation Group. The terms and conditions contained in this agreement applies to all ProFoundation websites unless it expressly states otherwise and by using the specific website you agree to be bound by the terms of this agreement.
1.2 This agreement is entered into between you, the specific website and the ProFoundation.
1.3 The ProFoundation may edit and amend these terms and conditions at any time and such changes shall be effective and binding as soon as the amended version reflects on this website.
2.1 You do not need to register to browse any of the ProFoundation website.
2.2 However, in respect of the DealPro website, in order to purchase a voucher on and from the website, you will need to register in order for us to collect sufficient information to allow you to pay and provide you with easy access to print your purchases, view your past purchases, and modify your preferences.
2.3 You must at all times provide accurate and complete information and keep your information up to date. It is your responsibility to ensure that your account password remain secure and confidential.
2.4 Dealpro reserves the right to decline your registration or to cancel your account / registration at any time.
3 LEGAL CAPACITY
To use this website you must be 18 years or older.
4.1. ProFoundation reserves the right to change, modify, substitute, suspend or remove the website at any time without prior notice.
4.2. We may terminate or restrict your access to the website at our discretion and without prior notice.
5.1. We will provide services with due care and skill but we do not warrant to you that our services will be provided without fault or disruption.
5.2 To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:
5.2.1. errors, mistakes or inaccuracies on the website;
5.2.2. any moneys or funds paid to third parties by mistake or otherwise;
5.2.3. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
5.2.4. personal injury or property damage of any nature resulting from your access to, and use of, the website;
5.2.5. defamatory, harmful, offensive or unlawful conduct of any user of the website;
5.2.6. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.2.7. any interruption or cessation of transmission to or from our website;
5.2.8. any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
5.2.9. the merchantability or fitness for any purpose of any good or service of any linked sites.
5.3. We do not warrant to you, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
5.4. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
5.4.1. in the case of goods:
22.214.171.124. the replacement of the goods or the supply of equivalent goods;
126.96.36.199. the repair of the goods;
188.8.131.52. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
184.108.40.206. the payment of the cost of having the goods repaired; and
5.4.2. in the case of services:
220.127.116.11. the resupply of our services, or
18.104.22.168. the payment of the cost of resupply of our services.
6. USE OF WEBSITE
6.1. You may not access (or attempt to access) any part of this website by any means other than through the interface provided by us.
6.2. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with the ProFoundation’s prior written consent.
6.3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
6.4. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. INFORMATION ON THIS WEBSITE
7.1. Information about goods and services on the website is based on material provided by advertisers, suppliers and product manufacturers and the ProFoundation does not confirm the truth of this information.
7.2. You understand and agree that the ProFoundation cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by manufacturers or suppliers.
7.3. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
DEALPRO SPECIFIC CLAUSES
8.1. Products displayed on the website do not constitute an offer to sell. It is an invitation to treat and enquire only.
8.2. Orders placed by you on the DealPro website are offers to purchase a voucher for a particular product under the terms and conditions in this agreement together with any supplier-specific terms and conditions at the price specified (including delivery and other charges).
8.3. The ProFoundation and DealPro reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.
8.4. Once you have placed an order on the DealPro website, you cannot cancel your order.
9.1. The prices of products, delivery and other charges shown are in South African Rand.
9.2. Prices of products are current at time of display but are subject to change.
10. PAYMENT IN RESPECT OF DEALPRO VOUCHERS
10.1. All payments must be received in full prior to a voucher being issued. Please read the Payment section of the website for payment options.
10.2. If your payment is not received or declined by the paymaster, we cannot hold vouchers against your order.
11. DELIVERY OF DEALPRO VOUCHER
11.1. Your Dealpro voucher (for the product shown on your order confirmation) will be accessible via your account with DealPro.
11.2. We cannot be held liable nor responsible for any loss suffered as a result of a Dealpro voucher not being received by you, for example, because the email was blocked by a firewall or filter, or where you provided us with the wrong email address.
12. SUPPLY OF DEALPRO VOUCHER PRODUCT
12.1. The Dealpro voucher you purchase is redeemable for the specified product from the nominated supplier. The nominated supplier, not Dealpro, is the seller of the product and is solely responsible for honouring any Dealpro voucher you purchase.
12.2. Dealpro makes no guarantee, warranty or representation regarding the standard of any product to be provided.
12.3. The Dealpro voucher cannot be exchanged or redeemed for cash.
12.4. The Dealpro voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the supplier.
12.5. Neither Dealpro nor the supplier is responsible for lost or stolen vouchers or fraudulent use of the voucher’s unique reference number.
12.6. If you have any complaints or problems with the supplier’s service, please bring this to the supplier’s attention as soon as possible. Dealpro is unable and will not assist in resolving disputes with suppliers.
12.7. Dealpro receives payments from suppliers whose products or services are promoted through the website.
13. DEALPRO BOOKINGS AND CANCELLATIONS
13.1. All service products are offered by suppliers subject to availability. Some small group or individual “experience” products will require booking in advance. For all products, we recommend making bookings at least 2 weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
13.2. Bookings are made subject to any supplier policies.
13.3. If you cancel your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your Dealpro voucher if the supplier is unable to fill your space.
13.4. Suppliers reserve the right to cancel and reschedule your booking due to unforeseen circumstances. We cannot be held liable for such events and we will not reimburse you for any traveling, accommodation or other expenses incurred by you or any other person.
14. DEALPRO VOUCHER EXPIRY AND EXTENSION
14.1. The Dealpro voucher expires on the date indicated on the voucher.
14.2. Expired vouchers are non refundable in whole or part. Once expired, Dealpro vouchers are no longer valid and will not be honoured by the supplier.
15. NO REFUNDS
15.1. Dealpro vouchers are non-refundable and cannot be exchanged or redeemed for cash because you have changed your mind, are unable to use the Dealpro voucher or if the Dealpro voucher has been damaged, lost or stolen.
HOUSEPRO AND BIZBUYPRO SPECIFIC CLAUSES
16.1 ProFoundation, HousePro and BizbuyPro provide these websites for the convenience of buyers, tenants, investors and browsers interested in immovable property and businesses and collect content in the form of advertisements from private sellers, letting agents, developers as well as related parties or their duly authorised representatives, to display properties they are marketing. We are not estate agents or business brokers ourselves
16.2 The details of the properties and businesses available on these sites are provided to us by third parties and private sellers or their duly authorised representatives for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
16.3 ProFoundation, the designers of these sites and any of the client’s agents or representatives shall not be liable for any damage, loss or liability, however arising, from the use or inability to use these web sites or the services, content or information provided on and through these web sites.
16.4 ProFoundation make no express or implied representations or warranties that the content and service available from these web sites are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to ProFoundation.
16.5 These web sites are available via the internet for any user with access, to view ‘as is’, and has not been compiled or designed to meet each user’s individual requirements. We will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements.
16.6 Pro forma contracts and agreements are provided on these websites for the convenience of the user. Neither ProFoundation, HousePro or BizbuyPro guarantee the quality, applicability, suitability or reasonableness of these agreements. Each transaction is unique and you are advised to consult with an attorney before entering into any agreement, whether a proforma obtained on these websites or otherwise.
16.7 Neither ProFoundation, HousePro or BizbuyPro shall accept any responsibility for the quality, applicability, suitability or reasonableness of these agreements or incur any liability should these agreement be found to be suited to your needs.
16.8 Neither ProFoundation, HousePro, or BizbuyPro shall engage with any Business Brokers or Estate Agents. Should you be contacted by a Business Broker or Estate Agent resultant from any posting on any of these websites, and you wish to deal with such Business Broker or Estate Agent, you do so at your own risk and neither ProFoundation, HousePro or BizbuyPro shall accept any responsibility for any negligence by such party, bad service or damages caused by such party resultant from such interaction. Neither ProFoundation, HousePro or BizbuyPro shall accept any liability for commissions due to such Business Broker or Estate Agent resultant from such interaction.
17 COMPLAINTS OR PROBLEMS
17.1. The ProFoundation has no liability (including loss or damage) for any act, omission or default, whether negligent or otherwise of any supplier or third party.
17.2 Where DealPro’s liability cannot be excluded, such liability is limited to the value of the Dealpro voucher purchased.
18. PROFOUNDATION’S LIABILITY
18.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content“) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
18.2. You understand that we do not control and are not responsible for content made available through our websites unless it originates from us. Consequently, by using any of our websites you may, contrary to this agreement and our intentions, be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.
18.3. To make any submission or contribution to on any ProFoundation website, you must register to become a member. You do not have to register if you only want to view content.
18.4. As a member, you agree that you are responsible for any content submitted, posted or made available through the website via your account and you must not post (or allow content to be posted through your account that) material that:
18.4.1. you do not have the right to post;
18.4.2. is defamatory or in contempt of any legal or other proceedings;
18.4.3. is misleading or deceptive;
18.4.4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
18.4.5. denounces religious or political beliefs;
18.4.6. includes religious or political material which is or is likely to be offensive;
18.4.7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
18.4.8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
18.4.9. contains any unsolicited or unauthorised advertising or promotional material;
18.4.10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
18.4.11. impersonates any person or misrepresents your relationship with any person.
18.5. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content without giving any reasons.
18.6. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
19. LINKS TO THIRD PARTY WEBSITES
19.1. The ProFoundation websites may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
20. INTELLECTUAL PROPERTY
20.1. The ProFoundation reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
20.2. Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
20.3. We do not claim ownership of content members submit. However, by contributing content to the website you automatically grant, and you represent and warrant to the ProFoundation that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
20.4. If you correspond or otherwise communicate with us, you automatically grant the ProFoundation an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
21. TRANSFER AND ASSIGNMENT
21.1. It the ProFoundation or any of its websites or subsidiaries merge, sell or otherwise change control of our business or any of our websites to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
22.1. You will at all times indemnify, and keep indemnified, the ProFoundation and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on an attorney and client or full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
23. GENERAL PROVISIONS
23.1. We shall not be liable for any delay in performing any of our obligations under this agreement.
23.2. This agreement will be governed by and interpreted in accordance with the laws the Republic of South Africa.
23.3. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
23.4. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed
24. Advertising on ProFoundation websites.
24.1 ProFoundation cannot be held liable for anything that might have been caused by responding to an ad on one of the sites managed by ProFoundation.
24.2 ProFoundation does not condone or allow any advertising of an illegal or pornographic nature.
24.3 Persons attempting to place or who place ads that do not comply with point 24.2 will be warned once, and if the ad is not suitably amended, the ad in question will be removed.
24.4 Advertising packages are non refundable.
25.1 Funds collected from the various subscription plans, will be donated to the charity specified in the plan.
25.2 All bank charges and costs relevant to the transfer of funds will be deducted before the funds are paid to the specific charity.
25.3 There are no refunds.