Please read these terms carefully before accessing or using the Website and/or Services. DoshGuide will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
PLEASE NOTE: DOSHGUIDE IS A SOFTWARE SERVICE AND IS NOT A REGULATED FINANCIAL INTERMEDIARY NOR SERVICE PROVIDER. ALL SUCH REGULATED FINANCIAL SERVICES/ADVICE YOU MAY RECEIVE VIA THE WEBSITE IS PROVIDED BY LICENSED FINANCIAL ADVISERS, WHOSE CREDENTIALS AND TERMS YOU MUST CONFIRM TO YOUR OWN SATISFACTION BEFORE ENGAGING THEM.
It is important to note the following:
- The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or DoshGuide Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to DoshGuide or its possession.
- Not all terms are necessarily defined in order.
- These terms were last updated on 6 June 2021.
- In order to become a Vendor on the Website, you must complete the additional Vendor’s Agreement with DoshGuide.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
- DoshGuide provides an online platform which, amongst other services (“DoshGuide Services”), operates as an online marketplace allowing independent and authorised vendors (“Vendors”) of financial advisory and guidance services and products (“Vendor Services”) to advertise and offer their Vendor Services on the Website. Users can then search through these Vendors as well as their Vendor Services on the Website, and subsequently engage the relevant Vendor privately to acquire the Vendor Services listed, which transaction and/or engagement is entirely the private engagement between the relevant users, and has nothing further to do with DoshGuide.
- Depending on the exact DoshGuide Services used on the Website, users may need to pay a fee to DoshGuide, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee. For the use of Vendor Services, the user will pay the Vendor using DoshGuide’s facilitated payment tools.
- These Terms explain the conditions applicable to all users, including Vendors, using the Website and/or the DoshGuide Services. In order to become a Vendor on the Website, you must complete the additional Vendor’s Agreement with DoshGuide, and be subject to those additional conditions of offering your Vendor Services on the Website.
- In order to use many of the DoshGuide Services and/or become a Vendor, users must register on the Website using the prompted methods, and submit any required information to create a “Profile” – more information about this below.
- The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon DoshGuide uploading the amended Terms to the Website. Your continued access or use of the Website and/or DoshGuide Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
- Supplemental terms may apply to certain DoshGuide Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable DoshGuide Services. Supplemental terms are in addition to, and shall be deemed incorporated into, the Terms for the purpose of the DoshGuide Services.
- Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES AND REGULATION OF SERVICES
- DOSHGUIDE PROVIDES SOFTWARE SERVICES AND IS NOT A REGULATED FINANCIAL ADVISOR NOR INTERMEDIARY, OR OTHER ADVISER NOR PROVIDER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE DOSHGUIDE SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH DOSHGUIDE HOLDS NO RESPONSIBILITY.
- ALL USERS UNDERSTAND AND EXPRESSLY AGREE THAT A VENDOR IS AT ALL TIMES AN INDEPENDENT SERVICE PROVIDER, AND IS NOT AN EMPLOYEE, PARTNER NOR AGENT OF DOSHGUIDE’S IN ANY REGARD. AS SUCH, ALL VENDOR-RELATED ISSUES OR VENDOR SERVICE FEATURES ARE EXCLUSIVELY THE LIABILITY OF THE VENDOR, AND NOT OF DOSHGUIDE. DOSHGUIDE MAY ASSIST THE USERS IN ENGAGING, VIA THE WEBSITE, BUT THE VENDOR IS ALWAYS RESPONSIBLE AND LIABLE FOR ANY AND ALL OF THEIR VENDOR SERVICE AND/OR VENDOR SERVICES OFFERED, SPECIFICALLY CONCERNING THEIR PROVISION OF REGULATED FINANCIAL OR SIMILAR ADVICE.
- If a Vendor is engaged by a user in a formal relationship subsequent to their use of the Website and DoshGuide Services, these parties do so entirely at their own risk and via private arrangement.
- Although DoshGuide carefully curates Vendors, Vendor Services and/or user Profiles prior to being placed on the Website, DoshGuide is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.
3. USER REGISTRATION PROCESS
- In order to become a user of the DoshGuide Services, and/or register as a Vendor on the Website and search/post the Vendor Services, you must complete the necessary registration process detailed on the Website and acquire a “Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
- DoshGuide requires you to submit your full name and email address when registering a Profile (where further information may be required as the user increases their use of the Services or uses a particular Service function). Vendors may then setup additional features of their Profile, including adding their Vendor Services, or other Vendor information, which setup may require further information to be submitted, as prompted by the Website.
- To protect your privacy and security, the Website takes reasonable steps to verify your identity by requesting your input of your Profile and/or other information in order to grant access to your Profile and data. To view or change your personal information provided, you can edit personal details in your ‘Account’ section while logged in.
- By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
- By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to DoshGuide using this information to facilitate a connection between you and another user.
- Users must be over the age of 18 (eighteen) and have full legal capacity to enter into, understand and be bound by a lawful contract. If you are under the age of 18 (eighteen), you must not use the Website and/or Services, nor provide us with any of your personal information.
4. THE SERVICES – PROFILES, SERVICES AND FEES
- All users must register a Profile using the relevant tools on the Website, and to access the Services and Vendor Services.
- In addition to registering a Profile on the Website, Vendors can then apply to have their Vendor Services made available on the Website, using the relevant prompts on the Website. Mere application as a Vendor with DoshGuide does not guarantee that the Vendor will indeed have their Vendor Services made available on the Website. Same will be contingent on various factors, including the Vendor’s successful adherence with this Agreement and the additional terms applicable to Vendor’s specifically.
- The Website and DoshGuide provides various online marketplace services, which amongst others, includes the following great offerings for both general users as well as Vendors:
For General Users:
- Users can search through the various Vendor Services made available on the Website by Vendors, and then engage the Vendor online and reserve Vendor Services, to then transact privately with them using the Website and its user-friendly tools.
- All Vendors are vetted and lawful but may or may not be registered financial service providers/advisors depending on the exact services they provide you, and hence it is always the obligation of the relevant engaging user to confirm all details and licenses of Vendors before contracting with them and/or using their Vendor Services.
- Users also understand that the Vendors may have their own terms of service which are unique to them and have no correlation to these Terms nor DoshGuide. Ensure that you ask for and confirm any applicable Vendor terms with the relevant Vendor when contracting with them.
- Users can, and are encouraged to, review their used Vendors in order to assist other users in the future, and to assist the relevant Vendors in receiving feedback on their service.
- Vendors can make application to DoshGuide via the Website to have their Vendor Services listed on the Website for general users to then search through and purchase from them.
- Vendors will then provide their private regulated services to their contracted user, which the user will pay a fee to the Vendor for.
- DoshGuide believes it’s important to discourage any conflict of interest between users and Vendors and is therefore a strictly flat fee (a.k.a. “fixed fee service” or “fee-for-service”) platform. Vendors can only receive remuneration from users directly or via the DoshGuide platform only, and never from any other third party (e.g. financial services company) in the form of commission, fees, a percentage of assets managed, etc. This will be strictly monitored and enforced, and should same action/s be performed, same action/s will result in a permanent ban of the relevant user/s from any further use of the Services and/or Website.
- Please consult the Home page on our Website for details of our applicable Services at any given time.
Fees owed by Vendors:
- In order to use the Services as a regular user, there is no fee.
- However, Vendors will need to pay a fee to DoshGuide in order to use the Services and have their Vendor Services made available on the Website (“Fee”).
- The Fee is paid by the Vendor to DoshGuide to advertise their Vendor Services and be allowed to respond to requests by, and engage with, general users for their Vendor Services. Accordingly, please see our Vendors Agreement to determine the Fee charged by DoshGuide to the Vendor.
- Any payment of a Fee by a Vendor to DoshGuide will be facilitated by DoshGuide using the preferred payment method designated in your Vendor’s Profile (such as credit card or electronic payment services), after which DoshGuide will send the Vendor an invoice by email. If your primary Profile payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DoshGuide may use a secondary payment method in your Profile, if available.
Fees owed by users to Vendors:
- Should a user contract with a Vendor and procure their Vendor Services from them, the relevant user will need to pay the Vendor’s listed fee, to the Vendor using the payment facilitation tools provided on the Website.
- Vendors will list their respective fees when advertising their Vendor Services on the Website, which Vendor’s fee may or may not include VAT.
- Any payment from a user to the Vendor using DoshGuide’s facilitation tools must be considered a direct payment from the relevant user to their contracted Vendor.
- You may contact us via email at firstname.lastname@example.org to obtain a full record of your payment for any transaction conducted via the Services.
- For further information on the current DoshGuide Services available generally or applicable to you, please contact email@example.com who will gladly assist.
- To terminate your use of the DoshGuide Services or the Website, please see clause 15 below.
- DoshGuide may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the DoshGuide Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the DoshGuide Services or the fees applied to you.
- All amounts stated shall attract Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with DoshGuide.
- DoshGuide reserves the right to establish, remove and/or revise any Fees for any or all services obtained through the use of the DoshGuide Services at any time in DoshGuide’s sole discretion. DoshGuide will use reasonable efforts to inform you of all charges or Fees that may apply to you, provided that you will be responsible for the payment of all Fees properly incurred under your Profile.
5. USER RESPONSIBILITIES AND WARRANTIES
By using the Website and/or the DoshGuide Services, you warrant that:
- you have read and agreed to these Terms and will use the Website in accordance with them;
- you have not made any misrepresentations and the information provided in the registration process and/or in your Vendor Services is true, accurate and complete;
- you will timeously pay any due Fees to DoshGuide and/or a contracted Vendor when required to do so under these Terms;
- as a Vendor, you will never earn commission nor take a percentage of assets for your services provided over the Website, but receive consideration in only the allowed formats with no other third party involvement therewith;
- you expressly understand and agree that DoshGuide is not in any way a regulated financial services/products provider nor intermediary, and that DoshGuide is only a facilitating party for all users, and any liability stemming from any Vendor Services lies exclusively with the relevant Vendor, and not with DoshGuide;
- you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the DoshGuide Services;
- you will report any illegal actions, objectively offensive actions, or actions undertaken by any other user which are in contravention of these Terms to DoshGuide immediately upon discovering such activity;
- you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in DoshGuide’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
- you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
- you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where DoshGuide is not liable at all for such payment of any such tax, duty or VAT on your behalf;
- you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
- you will treat all other users and Vendors with respect and dignity at all times;
- you will not use the Website platform for any commercial purpose other than as expressly provided for by DoshGuide and the Terms;
- you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
- you will not facilitate or assist any third party to do any of the above,
- failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.
- The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees. The same applies to your geo-locationary information, in that some of the DoshGuide and/or Vendor Services requires you to have geo-locationary functionality in order to function.
- Without prejudice to any of DoshGuide’s other rights (whether at law or otherwise), DoshGuide reserves the right to deny you access to the Website or the DoshGuide Services where DoshGuide believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
- DoshGuide does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
6. RECEIPT AND TRANSMISSION OF DATA MESSAGES
- Data messages, including email messages, sent by you to DoshGuide will be considered to be received only when acknowledged or responded to.
- Data messages sent by DoshGuide to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
- DoshGuide and/or Vendors reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
- Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. DoshGuide is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between DoshGuide and a user, or between users.
7. HYPERLINKS, DEEP LINKS, FRAMING
- The Website may include links to other internet sites (“the other sites“). DoshGuide does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any DoshGuide endorsement, agreement on or support of the content or products of such target sites.
- DoshGuide does not purport to own the content on the other sites which may be shown on the Website.
- The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party and/or Vendor.
8. ADVERTISING AND SPONSORSHIP
- The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
- DoshGuide, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
9. INTELLECTUAL PROPERTY PROTECTION
- All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and DoshGuide in use of the DoshGuide Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by DoshGuide, its legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
- For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided DoshGuide with a non-exclusive, non-transferable licence to use such user intellectual property as DoshGuide deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
- Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of DoshGuide first being granted, which consent may be refused at the discretion of DoshGuide. No modification of any intellectual property or editorial content or graphics is permitted.
- DoshGuide reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
- Where any of the Website intellectual property has been licensed to DoshGuide or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the DoshGuide Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- Subject to adherence to the Terms, DoshGuide grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of DoshGuide.
- Any enquiries regarding any of the above relating to intellectual property must be directed to DoshGuide at firstname.lastname@example.org
10. PRIVACY AND PERSONAL INFORMATION POLICY
11. DISCLAIMERS AND WARRANTIES
- The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. DoshGuide makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user, the information contained on Vendor Services and/or Website in any way.
- All information or opinions of users made available on the Website in relation to any of the DoshGuide Services or Vendor Services are those of the authors and not DoshGuide. While DoshGuide makes every reasonable effort to present such information accurately and reliably on the Website, DoshGuide does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website, in Vendor Services or from another user.
- DoshGuide, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom, including a user’s use of any Vendor Services in any way.
- DoshGuide, its shareholders, 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 and offering of the DoshGuide Services, and access to, or use of, the Website in any manner.
- Users from locations outside of South Africa, please note that DoshGuide complies with all South African laws in representing the DoshGuide Services. Should foreign law be applicable in any regard to your use of the DoshGuide Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify DoshGuide from any liability it may acquire by virtue of its supply of the Website and/or DoshGuide Services.
- DoshGuide takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, DoshGuide does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
- The user indemnifies and holds harmless DoshGuide, its shareholders, employees, and partners from any demand, action, regulation 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 of the Website or DoshGuide Services offered or concluded through the Website in any way.
- The user agrees to indemnify, defend and hold DoshGuide harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the DoshGuide Services or Vendor Services and for breach of these Terms.
- This clause will survive termination of this agreement.
13. COMPANY INFORMATION
- Site/Domain owner: DoshGuide
- Company type: (Pty) Ltd
- Registration Number: 2021/498460/07
- Director: Rory Desmond Brachner
- Description of main business: Online marketplace platform
- Telephone number: +27 68 346 7779
- E-mail address: email@example.com
- Website address: www.doshguide.co
- Physical address: 602 Woodside, 62 Kloof St, Gardens, Cape Town, 8001
- Postal address: PO Box 368, Jukskei Park, Johannesburg, 2153
- Registered address: 602 Woodside, 62 Kloof St, Gardens, Cape Town, 8001
- Association of any membership: None
14. DISPUTE RESOLUTION AND GOVERNING LAW
- The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
14. Disputes between users and DoshGuide:
- Should any dispute, disagreement or claim (“dispute”) arise between the parties concerning the provision of the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
- Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, then they shall use the services and assistance of any applicable regulator and/or ombud, or finally, by binding confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”), with an arbitrator selected by DoshGuide.
- Arbitration proceedings shall be conducted in Cape Town, in English.
- Both parties shall bear the costs for any applicable dispute resolutions processes equally.
- The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
- Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable legislation.
Disputes between users:
- Should a dispute arise between a user and Vendor and their private transaction relating to the Vendor Services, said dispute is between those users exclusively, where DoshGuide is not responsible for fulfilling any function in any way or in any role.
- The users agree that they shall handle their private dispute between them in the manner in which they mutually deem suitable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
- Notwithstanding the above, the parties in a private dispute must inform DoshGuide of the dispute in order for DoshGuide to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.
15. TERMINATION OF USE OF WEBSITE OR SERVICES
- IN ADDITION TO THE RIGHTS ABOVE, DOSHGUIDE RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE DOSHGUIDE SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT DOSHGUIDE GIVES REASONABLE NOTICE TO YOU.
- If you wish to terminate the agreement with DoshGuide, or end your use of the DoshGuide Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
- The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the DoshGuide Services shall survive the termination of these Terms for all purposes, including the payment of any Fee which was due and payable before termination to DoshGuide.
- In the event of termination of your agreement with the Terms and with DoshGuide, DoshGuide will remove you from the Website and delete your Profile.
16. NOTICES AND SERVICE ADDRESS
- 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:
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.
- in the case of DoshGuide, at firstname.lastname@example.org; or
- in the case of the user, at the email and addresses provided by the user to DoshGuide in the Profile registration process.
- This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, 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.
- No indulgence, leniency or extension of time granted by DoshGuide shall constitute a waiver of any of DoshGuide’s rights under these Terms and, accordingly, DoshGuide 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.
- Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
- The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
- Should you have any complaints or queries, kindly address an email to email@example.com advising DoshGuide of same.
- In the event of the user failing to pay any amount timeously or 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 DoshGuide, in its own capacity to the relevant user, in relation to the payment failure or breach and the rectification of same.
- Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision 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 upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
- No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17-g.