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Customer PLATFORM APPLICATION TERMS AND CONDITIONS

This Agreement is entered into between MBALI YE NKULULEKO AFRICAN DEVELOPMENT PRODUCTS (PTY) LTD trading as THE SPACE BETWEEN US (Reg no 2007/022075/07) (hereinafter referred to as “TSBU”) and the user of the platform application, being referred to as the “User”.

  1. GENERAL TERMS AND CONDITIONS
    1. USE OF Customer PLATFORM APPLICATION AND ACCEPTANCE OF CONDITIONS
      1. 1.1 By accessing the TSBU Customer Platform Application (including all associated platforms in relation thereto) (the “CPA”) (in its Web-based Format) or by making use of the Services, the User agrees to be bound by and shall be deemed to have accepted without qualification or exception, these Terms and Conditions.
      2. 1.2 IF THE User DOES NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, THE User SHALL REFRAIN FROM USING THE TSBU CPA (IN WHATSOEVER FORMAT IT IS AVAILABLE IN) OR MAKE USE OF THE SERVICES IN ANY MANNER WHATSOEVER.
      3. 1.3 The CPA is not intended to replace consultations, treatments or recommendations provided by health professionals. The User should not rely on this information to substitute or replace any professional medical advice, diagnosis, treatment, or management care plans. The User should follow his/her doctor’s advice and that of other health professionals that he/she may consult in the framework of the processing of his/her requests or needs concerning his/her health matters.
      4. 1.4 The User acknowledges that he/she has read the conditions and that it is understood.
    2. DEFINITIONS AND INTERPRETATION
      1. 2.1 In terms of this agreement the following words and/or expressions shall bear the following meanings and cognate expressions shall bear corresponding meanings:
        1. 2.1.1 AFFILIATE shall mean in relation to a Party:
          1. 2.1.1.1. any direct or indirect holding company of such Party; or
          2. 2.1.1.2. any company or entity which is a subsidiary of, or for the time being directly or indirectly controlled by the holding company; or
          3. 2.1.1.3. a company or entity is directly controlled by another company or entity if that other company or entity beneficially holds shares carrying the majority of votes at a general meeting (or similar body) of the first mentioned company or entity; or
          4. 2.1.1.4. a company or entity is indirectly controlled by the holding company if a series of companies or entities can be specified, beginning with the holding company and ending with the particular company or entity, so related that each company of the series except the holding company is directly controlled by one or more of the preceding companies or entities in the series;
          5. 2.1.1.5. and, for the avoidance of doubt, in respect of the TSBU CPA, shall include the authorised service provider(s) in relation to the CPA.
        2. 2.1.2. BUSINESS DAY shall mean any day other than a Saturday, Sunday or a public holiday in South Africa;
        3. 2.1.3. EFFECTIVE DATE shall mean the date upon which a User accesses the TSBU CPA;
        4. 2.1.4. INTELLECTUAL PROPERTY shall mean all intellectual property subsisting in, pertaining to or used on the TSBU CPA including, without limitation, patents, designs, inventions, Trade Marks, service marks, domain names and URL’s, sales and user data, databases, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any logos, devices, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents) and the selection and arrangement of the contents on the TSBU CPA, as well as any goodwill and rights of reputation attaching to any of the above and shall include any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by a User or any other party relating to the TSBU CPA, but specifically excluding any intellectual property belonging to a User;
        5. 2.1.5. PARTIES shall mean TSBU and the User, and Party shall, as the context requires be a reference to any one of them;
        6. 2.1.6. PERSONAL INFORMATION shall mean information which relates to a User (whether an identifiable living natural person or identifiable, existing juristic person), including, but not limited to, information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the User; information relating to the education or the medical, financial, criminal or employment history of the User; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the User; the biometric information of the User; the personal opinions, views or preferences of the User; correspondence sent by the User that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about the User and/or the name of the User if it appears with other personal information relating to the User or if the disclosure of the name itself would reveal information about the User;
        7. 2.1.7. PROCESS shall mean any operation or activity, whether automated or not, concerning Personal Information, including, without limitation, collection of, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking as well as blocking, degradation, erasure or destruction of information, and Processing will have a corresponding meaning;
        8. 2.1.8. SERVICES shall mean the provision of the TSBU CPA to the Users together with services consumed by the User on the CPA, including assessments, online workshops, online content and tools (including articles, blogs, videos and the like) communities, support groups and other elements added by TSBU from time to time;
        9. 2.1.9. TERMS AND CONDITIONS shall mean the general terms and conditions of use (as set out in Part A), and the privacy policy (as set out in Part B), accessible on the registration page, as amended from time to time;
        10. 2.1.10 TRADE MARKS shall mean all registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos and slogans utilised on or in relation to the TSBU CPA, including but not limited to the mark The Space Between Us, excluding the trademarks of a User;
        11. 2.1.11 USER shall mean any user of the TSBU CPA in terms of these Terms and Conditions;
        12. 2.1.12 WEB-BASED FORMAT shall mean any format of the TSBU CPA which is designed to be accessed by the User through a web browser,
        13. 2.1.13 CPA shall mean the TSBU Customer Platform Application, provided as a software solution to the User, which shall be used by the User in terms of this agreement.
      2. 2.2 Unless inconsistent with the context or save where the contrary is expressly indicated:
        1. 2.2.1 if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause 2, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;
        2. 2.2.1 any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time;
        3. 2.2.3 any reference in these Terms and Conditions to these Terms and Conditions, or any other terms and conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other Terms and Conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented;
        4. 2.2.4 no provision of these Terms and Conditions constitutes a stipulation for the benefit of any person who is not a Party to these Terms and Conditions;
      3. 2.3 Unless inconsistent with the context, an expression which denotes any one gender includes the other genders and the singular includes the plural and vice versa, and reference to a natural person shall include reference to a juristic person and vice versa.
      4. 2.4 Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause 2.
      5. 2.5 The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
      6. 2.6 These Terms and Conditions shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms and Conditions in the first instance and reference to any Party shall be deemed to include such Party’s estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be.
      7. 2.7 Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
      8. 2.8 In its interpretation, the rule of construction that the agreement shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
    3. INTELLECTUAL PROPERTY RIGHTS
      1. 3.1. The TSBU CPA and all Intellectual Property subsisting therein are owned by TSBU and/or its Affiliates, and the User acknowledges that TSBU, or its Affiliates or its licensors are the proprietors of the TSBU CPA and all such Intellectual Property.
      2. 3.2. The content of the TSBU CPA is subject to copyright protections in terms of South African law and also subject to relevant and applicable international copyright protection. TSBU and/or its Affiliates are the owners of such content and reserve all such rights.
      3. 3.3. The User undertakes:
        1. 3.3.1. not to use or register any trademarks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;
        2. 3.3.2. not at any time do or cause to be done any act or thing in any way impairing or tending to impair, weaken, damage or be detrimental to any part of TSBU’s rights, title and interest in and to the Intellectual Property, or the reputation and goodwill associated therewith;
        3. 3.3.3. not to challenge TSBU’s rights to its current or future Intellectual Property in any county;
        4. 3.3.4. not in any way to make unauthorised use of the Intellectual Property or to represent that he/she has any rights of any nature in the Intellectual Property or any registrations thereof;
        5. 3.3.5. not to copy, republish, distribute, adapt, modify, alter, decompile, reverse engineer, or attempt to derive the source code of or create a derivative of works or otherwise attempt to reproduce the TSBU CPA or its contents, including any and all content belonging to third parties that are found on the TSBU CPA or to which the TSBU CPA provides a link.
      4. 3.4. Without limiting the generality of the provisions of clause 3.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the TSBU CPA and to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
    4. GENERAL USE OF THE TSBU CPA
      1. 4.1. Notwithstanding the generality of these Terms and Condition, the User shall make use of the TSBU CPA in accordance with these User Terms and Conditions.
      2. 4.2. In order to use the TSBU CPA, the User must register on the TSBU CPA by following the prompts after entering the TSBU CPA (in its Web-based Format). The User agrees to provide TSBU with whatever proof or confirmation of identity TSBU may reasonably request. The User shall, at all relevant times, provide accurate and correct data and shall in no manner whatsoever, misrepresent itself or any of the information which it may submit.
      3. 4.3. The User may not reproduce, adapt, distribute, publish or in any other way deal or interfere with the TSBU CPA. The User agrees that he/she will not try to harm the TSBU CPA in any way whatsoever.
      4. 4.4. The User may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the TSBU CPA which, in the sole discretion of TSBU, is malicious and/or harmful to TSBU, its Affiliates, the TSBU CPA and/or any other User.
      5. 4.5. TSBU reserves the right to make any changes to the TSBU CPA, its content and/or the Services offered through the TSBU CPA at any time and without notice.
      6. 4.6. TSBU shall have the right to terminate the TSBU CPA, or a User’s registration to the TSBU CPA, at any time without notice to the User if the User’s conduct on the CPA may result in harm to TSBU and/or if the User commits any breach of these Terms and Conditions or in any other way interacts with or uses the TSBU CPA in an unlawful or unauthorised manner CPA, and in doing so all rights granted to the User in terms of these Terms and Conditions shall cease immediately, without liability on TSBU’s part and without prejudice to TSBU’s rights in terms of these Terms and Conditions or at law.
      7. 4.7. Without derogating from the generality of clause 4.7 above, TSBU shall be entitled to terminate the User’s registration to the TSBU CPA, in the event that a User: -
        1. 4.7.1. has not been sufficiently active on the TSBU CPA in the opinion of TSBU CPA, TSBU shall have the right to terminate such User’s registration on the TSBU CPA, on notice to the User and in doing so all rights granted to the User in terms of these Terms and Conditions shall cease immediately. For the avoidance of doubt, save as otherwise provided in these Terms and Conditions, any of the User’s rights which do not arise from these Terms and Conditions shall not be affected by such termination; or
        2. 4.7.2. fails to complete any questionnaire, provide any document, perform any action or comply with any other request for information by TSBU required to complete such User’s registration or participation in any designated eco-system on the TSBU CPA and as a result such User’s registration or participation into any eco-system remains incomplete for a period of 2 (two) months from the date upon which such registration was commenced, TSBU shall have the right to terminate such User’s partial registration on the TSBU CPA, on notice to the User and in doing so all rights granted to the User in terms of these Terms and Conditions shall cease immediately; or
        3. 4.7.3. may have provided false or fraudulent information.
      8. 4.8. The User agrees that he/she will only use the TSBU CPA in accordance with these Terms and Conditions, including any terms and conditions incorporated herein by reference and applicable laws, rules and regulations. In addition, the User agrees that he/she will not use the TSBU CPA for any unlawful purposes (including but not limited to using the TSBU CPA for sending or storing any unlawful material, for fraudulent purposes, or causing nuisance, annoyance or inconvenience to any other person including TSBU, its Affiliates and any other User).
      9. 4.9. The display of content via the TSBU CPA may differ depending on the device the User is using to access the Services. TSBU does not provide any warranty or guarantee regarding display or functionality of the TSBU CPA in relation to any specific device.
      10. 4.10. No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted or uploaded on the TSBU CPA.
      11. 4.11. The User acknowledges and agrees that his/her use of the TSBU CPA is for the User’s sole, personal use. The User is prohibited from authorising any other party to use the User’s User account and the User may not assign or otherwise transfer their User account to any other person or entity. The User agrees that he/she will only use the TSBU CPA for their own use and will not apply it commercially or resell it to a third party without written consent from TSBU.
      12. 4.12. The User agrees to keep secure and confidential their account password or any identification TSBU provides to the User which allows access to the TSBU CPA and the Services.
      13. 4.13. The TSBU CPA may contain links to third party websites. The use of the third party websites or services and the use of information collected by the operators of such website/services are governed by the terms of use and privacy policies found at such sites (if any). TSBU and its Affiliates have no control over such websites, do not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion. Third party links or references are not meant to represent an endorsement by TSBU of any of the products or services provided on or via such websites. Any dealings between the User and any third party in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site. TSBU will not be responsible or liable for any part of any such dealings.
      14. 4.14. The User agrees and acknowledges that when making use of the TSBU CPA including without limitation, the Services, standard data rates will apply, and such data charges shall be solely for the account of the User.
      15. 4.15. If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the TSBU CPA’s security systems, such the User must keep this information secret and confidential and not allow anyone else to use it. The User shall be responsible for all access to the TSBU CPA with the User’s username and password. When the User’s username and password has been used in order to gain access to the TSBU CPA, TSBU shall be entitled to assume that such use and all related communications emanate from the User. TSBU and its Affiliates shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information. The User shall log out of the TSBU CPA after using it to prevent anyone else from using it.
      16. 4.16. In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to TSBU with subsequent confirmation in writing. The compromised User username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. TSBU may, at its sole and absolute discretion and for any reason, require the User to change the User’s username and password at any time.
      17. 4.17. Registration as a User on the TSBU CPA shall be free of charge. However, TSBU l reserves the right to charge a fee for registration on the TSBU CPA on notice to the User.
    5. LICENSE GRANTED BY UserS
      1. 5.1. TSBU may, in its sole discretion, permit Users, to post, upload, publish, submit or transmit content created or owned by Users (User Content). By making available any User Content on or through the Service, the User hereby grants to TSBU a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the TSBU CPA provided that TSBU will always comply with the Privacy Policy in respect of the User Content. TSBU does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content.
      2. 5.2. The User acknowledges and agrees that he/she is solely responsible for all User Content that the User makes available through the TSBU CPA. Accordingly, the User represents and warrants that:
        1. 5.2.1. the User is either the sole and exclusive owner of all User Content that he/she makes available through the TSBU CPA and/or the User has all rights, licenses, consents and releases that are necessary to grant to TSBU the rights in such User Content, as contemplated under these Terms; and
        2. 5.2.2 neither the User Content nor his/her posting, uploading, publication, submission or transmittal of the User Content or TSBU’s use of the User Content (or any portion thereof) on, through or by means of the TSBU CPA will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    6. NO WARRANTIES BY TSBU
      1. 6.1. The TSBU CPA is provided with no representation, guarantee or warranty of any kind as to its functionality or the Services made available by it, and is provided on an “as is” basis. TSBU and its Affiliates do not warrant that the TSBU CPA will be error-free or will meet any particular criteria of accuracy, completeness, timeliness, suitability or reliability of information, performance or quality. TSBU and its Affiliates expressly disclaim, to the extent permitted by applicable law, all warranties whether express, statutory or implied, including, without limitation, warranties of the TSBU being unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption, merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Without limiting the foregoing, TSBU and its Affiliates makes no warranty that (a) the website, online service, other services, products or materials will meet the User’s requirements or will be available or will not be uninterrupted, or, (b) the quality of the website, online service, or any products, materials or other services will meet the User’s expectations.
    7. WARRANTIES BY User
      1. 7.1 The User hereby represents and warrants that:
        1. 7.1.1 he/she has full contractual capacity and authority to enter into these Terms and Conditions;
        2. 7.1.2 he/she has read and understands these Terms and Conditions before accessing the TSBU CPA; and
        3. 7.1.3 any information submitted to the TSBU CPA is true and accurate and undertakes that, for the duration of its registration on the TSBU CPA that such information shall remain true and accurate; and
        4. 7.1.4 he/she fully understands that this agreement is entered into by and between the User and TSBU and not any other representative, employer or agent of the User. The right and obligations in terms of this agreement is personal to the User.
    8. NO LIABILITIES AND INDEMNITY
      • 8.1 The User makes use of this TSBU CPA at the User’s own risk
      • 8.2 Notwithstanding anything to the contrary contained in these Terms and Conditions, TSBU and its Affiliates shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these Terms and Conditions or the TSBU CPA and whether caused by latent or patent defects in the TSBU CPA, the use of the TSBU CPA and information contained on the TSBU CPA or otherwise.
      • 8.3 The User hereby indemnifies TSBU and its Affiliates and holds them harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third party in relation to any act or omission by the User or the User’s members, employees, representatives, agents or assigns or any third party in relation to the TSBU CPA and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions or any breach or non-compliance thereof by the User.
      • 8.4 The User assumes all responsibility and risk for the use of the TSBU CPA and TSBU and its Affiliates disclaim all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the TSBU CPA, whether direct or indirect, and whether or not TSBU or its Affiliates have been advised of or have knowledge of the possibility of such loss, injury, damage, cost, penalty or claim resulting from the use of the TSBU CPA, whether direct or indirect, and whether or not TSBU or its Affiliates have been advised or have knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
      • 8.5 TSBU and its Affiliates shall not incur any liability to the User or any other person or entity associated with the User for any compensatory, indirect, incidental, special, consequential damages whatsoever, including but not limited to, loss of revenue or profit, commercial or economic loss, even if TSBU or its Affiliates have been advised of such damages or loss, or such damage or loss was reasonably foreseeable
    9. RIGHT TO AMEND TERMS AND CONDITIONS
      1. 9.1 TSBU reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this TSBU CPA. It is the User’s obligation to periodically check these Terms and Conditions on the TSBU CPA for changes or updates. The User’s continued use of this TSBU CPA following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
    10. MALICIOUS SOFTWARE AND OFFENSES
      1. 10.1 The User undertakes that he/she will not use the TSBU CPA in any way that causes, or is likely to cause the TSBU CPA and access to the TSBU CPA to be interrupted, damaged or impaired in any manner.
      2. 10.2 The User undertakes that no form of virus, trojans, worms, logic bombs, time-locks or other malicious coding, virus or software will be introduced into TSBU CPA or related systems which may cause any form of technological harm or any other form of harm in any manner or respect.
      3. 10.3 The User undertakes that he/she will not attempt to gain unauthorised access into the TSBU CPA, including through theft of another’s username and password.
      4. 10.4 The User undertakes that he/she will not attempt to gain unauthorised access to the TSBU CPA’s server, databases, computer’s, or any other device associated with the TSBU CPA and will not attack the TSBU CPA through a denial-of-service attack or a distributed denial-of service attack
      5. 10.5 Any breach of these Terms and Conditions regarding malicious software and offenses will be reported to the relevant law enforcement agencies and the TSBU CPA owners will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
      6. 10.6 Although the best efforts will be put into ensuring that no malicious content can be received from the TSBU CPA and its Affiliates do not warrant that the TSBU CPA is free of malicious content or viruses and will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 10.2. that may infect any User’s device, equipment, data or any other material caused by the use of the TSBU CPA or downloads received from the TSBU CPA.
      7. 10.7 The User undertakes that he/she will not use the TSBU CPA in any manner that will break any law enforceable in South Africa or any other country of relevance, or cause any annoyance, unnecessary anxiety or inconvenience to any person.
    11. DISPUTE RESOLUTION
      1. 11.1. If a dispute between the Parties arises out of or is related to these Terms and Conditions, including any matter relating to the breach of any of the provisions of these Terms and Conditions, the Parties shall negotiate in good faith to attempt to resolve the dispute. If, after 30 (thirty) days from the date upon which the dispute was declared by a Party by written notice, the dispute is not resolved the matter shall be determined in accordance with the following provisions.
      2. 11.2. Save in respect of those provisions of these Terms and Conditions which provide for their own remedies which would be incompatible with arbitration, or in the event of either Party instituting urgent action against the other in any court of competent jurisdiction, any dispute arising from or in connection with these Terms and Conditions will be finally resolved by arbitration as follows:
        1. 11.2.1. the arbitrator shall be a practising attorney or practising advocate of not less than 15 (fifteen) years standing. The Party calling the dispute (the referring Party) shall nominate in writing, 3 (three) arbitrators of its choice to determine the dispute and shall furnish such nomination to the other Parties. The other Parties shall, within 14 (fourteen) days after receipt of the nomination, nominate 1 (one) out of the 3 (three) arbitrators nominated to act as an arbitrator as contemplated in this clause 11. In the event that the other Parties fail to nominate or fail to agree on the arbitrator to be appointed as contemplated herein, the referring Party shall, in its sole discretion, be entitled to appoint 1 (one) out of the 3 (three) arbitrators nominated to act as an arbitrator as contemplated herein;
        2. 11.2.2. the arbitration shall be held at Pretoria;
        3. 11.2.3. the arbitration shall otherwise be held in accordance with the rules of the Arbitration Foundation of South Africa (AFSA), or if AFSA shall not be in existence, in accordance with the formalities and procedures settled by the arbitrator, which shall be in an informal and summary manner, that is, it shall not be necessary to observe or carry out either the usual formalities or procedure or the strict rules of evidence, and the provisions of the Arbitration Act, 1965;
        4. 11.2.4. the arbitrator shall be entitled to:
          1. 11.2.4.1 investigate or cause to be investigated any matter, fact or thing which he considers necessary or desirable in connection with any matter referred to him for decision;
          2. 11.2.4.2 make such award, including an award for specific performance, an interdict, damages or a penalty or the costs of arbitration or otherwise as he in his discretion may deem fit and appropriate; and
          3. 11.2.4.3 the arbitration shall be held as quickly as possible after it is demanded, with a view to it being completed within 30 (thirty) days after it has been so demanded.
      3. 11.3 This clause 11 will be severable from the rest of these Terms and Conditions so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of these Terms and Conditions.
      4. 11.4 Neither Party shall be entitled to withhold performance of any of their obligations in terms of these Terms and Conditions pending the settlement of, or decision in, any dispute arising between the Parties and each Party shall in such circumstances continue to comply with their obligations in terms of these Terms and Conditions.
    12. GOVERNING LAW
      1. 12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The Parties hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Pretoria (North Gauteng High Court) in regard to all matters arising from these Terms and Conditions.
    13. ENTIRE AGREEMENT
      1. 13.1. These Terms and Conditions contain the entire agreement between the Parties in regard to the subject matter hereof.
      2. 13.2. No Party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this document whether it induced the contract and/or whether it was negligent or not.
      3. 13.3. No extension of time or waiver or relaxation of any of the provisions or terms of these Terms and Conditions shall operate as an estoppel against a Party in respect of its rights under these Terms and Conditions.
      4. 13.4. No failure by any Party to enforce any provision of these Terms and Conditions shall constitute a waiver of such provision or affect in any way such Party’s right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.
      5. 13.5. If any term or provision of these Terms and Conditions should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of these Terms and Conditions shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of these Terms and Conditions.
    14. NOTICES
      1. 14.1. TSBU chooses the addresses referred to in clause 15 below as the address where any legal document or notice must be served or delivered to us.
      2. 14.2. TSBU will send any legal documents or notices to the User at the e-mail address provided by the User upon registration. The User hereby designates such e-mail address to serve as the authorised channel of communication whereby TSBU may send notices and communications. TSBU will regard a communication sent by e-mail as having been received by you within 8 (eight) business hours after it was sent
      3. 14.3. The relevant provisions of the Electronic Communications and Transactions, 2002 do not apply to legal documents or notices in relation to these Terms and Conditions and the TSBU CPA.
    15. TSBU INFORMATION
      1. 15.1. The following information of TSBU is provided:
        1. 15.1.1. Full name and legal status of TSBU: Mbali Ye Nkululeko African Development Products (Pty) Ltd trading as The Space Between Us with Physical address: 11th Floor, The Bank, Corner Cradock and Tyrwhitt Avenue. Rosebank, 2196 and Postal address: PostNet Suite 1, Private Bag X75, Bryanston 2021;
        2. 15.1.2. Telephone number: 0720842179
        3. 15.1.3.Website: www.thespacebetweenus.africa and E-mail: bookings@thespacebetweenus.africa ;
        4. 15.1.4 Main description of the services provided through the TSBU CPA: See the definition of “Services” in clause 2.1.8 above.
        5. 15.1.5. Names of office bearers: as set out at www.thespacebetweenus.africa
        6. 15.1.6 Terms applicable: shall be deemed to be these Terms and Conditions;
        7. 15.1.7 Security procedures and privacy policy: See Section B of these Terms and Conditions below.
  2. PRIVACY POLICY AND USE OF PERSONAL INFORMATION
    1. INTRODUCTION
      1. 1.1. TSBU is committed to protecting Users’ privacy and Personal Information and therefore warrants that no information collected will be used for any other purposes other than stipulated in these Terms and Conditions. TSBU reserves the right at any time to change, alter or update the Privacy Policy Terms and Conditions, provided that same shall not contravene any applicable legislation or regulations.
      2. 1.2. By accessing the TSBU CPA in its Web-based Format and by registering for the TSBU CPA, the User expressly consents to the collecting and Processing of his/her Personal Information by TSBU, which permission shall extend only to the collecting and Processing of the User’s Personal Information for the purposes set out in clause 2 below.
      3. 1.3. TSBU will not collect or Process the User’s Personal Information for any purpose, other than the purposes disclosed to the User in clause 2 below, unless the User gives TSBU express written consent to do so, or unless TSBU is permitted or required to do so by law, and TSBU shall at all times remain responsible for determining the purposes and means for Processing the User’s Personal Information and disclosing such purpose to the User to the extent that it has not done so in these Terms and Conditions.
      4. 1.4. By accessing the TSBU CPA and by registering on the TSBU CPA, the User provides express written consent to the sharing of his/her Personal Information by TSBU (strictly for the purposes disclosed to the User in clause 2 below) with its Affiliates, as well as the sharing of his/her Personal Information with trusted third parties who assist TSBU in operating the TSBU CPA, as well as those third parties assisting TSBU in carrying out the operations contemplated in clause 2 below (such as marketing and research), conducting business or servicing the User, so long as those parties agree to keep this information confidential and adhere to TSBU’s privacy policies.
      5. 1.5. The User acknowledges that he/she has read these Terms and Conditions and in particular the privacy policy contained in this section B and that he/she understands and accepts the consequences of the consents with respect to his/her Personal Information given by it in clauses 1.2 and 1.4 above and that he/she is giving such consents voluntarily and without any undue influence from TSBU.
      6. 1.6. Non-personally identifiable information or depersonalised information may be provided to other parties for marketing, advertising, or other uses.
    2. PURPOSES FOR COLLECTING AND PROCESSING OF PERSONAL INFORMATION
      1. 2.1. The following are the purposes for which TSBU will collect and Process the User’s Personal Information
        1. 2.1.1. to operate and administer the TSBU CPA, to allow TSBU to provide the Services, or any combination of services linked to the TSBU CPA, to the User, to personalise and tailor the Services for the User and to process instructions or requests by the User with respect to the Services and the use of the TSBU CPA;
        2. 2.1.2. to monitor and analyse the User’s conduct in respect of the TSBU CPA for fraud;
        3. 2.1.3. for compliance and risk related purposes;
        4. 2.1.4. to analyse the Personal Information collected for research and statistical purposes and once such Personal Information is analysed to send the User marketing and promotional material which TSBU believes are relevant to the User based on its analyses of the User’s Personal Information;
        5. 2.1.5. to conduct market research, as well as academic research in respect of the Personal Information in order to identify potential markets and trends, to develop new products and services and to improve TSBU’s offerings to Users in terms of the TSBU CPA, as well as offerings, products and services by TSBU and its Affiliates, to its Users in terms of its business practices in general, whether in the ordinary course or otherwise;
        6. 2.1.6. to aggregate and/or depersonalise the User’s Personal Information after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such depersonalised information to third parties for commercial or non-commercial means.
      2. 2.2. All Personal Information collected for research, statistical and marketing purposes will be aggregated and/or depersonalised before on-selling or transferring such information to third parties, except as expressly agreed to by the User in clause 1.4 above
    3. SECURITY OF PERSONAL INFORMATION
      1. 3.1. TSBU takes all reasonable steps to protect the User’s Personal Information from loss of, damage to, unauthorised use of, or misuse or alteration of the User’s Personal Information. The Personal Information will be stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
      2. 3.2. As a protection measure, when registering for the TSBU CPA, the User will be given a username and password which the User must always keep confidential and ensure that it is not disclosed it to anyone.
    4. INFORMATION QUALITY
      1. 4.1. The User shall take all reasonably practicable measures to ensure that the Personal Information provided to TSBU CPA in respect of a User is at all times complete, accurate and updated.
      2. 4.2. If the User wants to update or correct any of his/her Personal Information held by TSBU CPA, the User can make any such changes as required by updating his/her profile.
    5. COOKIES
      1. 5.1. TSBU uses cookies (an alphanumeric identifier), which are small files that the TSBU CPA transfers to the hard drive of a User’s device through the User’s web browser (if the User allows this) and this enables TSBU to recognise the User’s browser and capture and remember certain information.
      2. 5.2. TSBU uses cookies to help it remember, process and compile aggregate data about site traffic and site interaction so that it can offer better site experiences and tools in the future.
    6. THIRD PARTY LINKS
      1. 6.1. TSBU intends to include or offer third party products or services on the TSBU CPA (including without limitation and provide links to the sites of such third party). These third-party sites have separate and independent privacy policies. TSBU and its Affiliates have no responsibility or liability for the content and activities of these linked sites and make no warranties or representations regarding the content and activities of such sites whatsoever. All third party links or websites are subject to the privacy policies of such providers.
      2. 6.2. Any payments made on the TSBU CPA by the User in respect of online or other products or services, shall be done by means of a third party payment portal. All payments shall be done in terms of the third party’s payment platform terms and conditions. TSBU shall not store any of the Consumer’s banking or credit or debit card details. TSBU shall inform the User by means of its payment procedures of the third party service provider by whom payments will be managed and processed. TSBU shall only use registered financial service providers in respect of online payments.
    7. DIRECT MARKETING
      1. 7.1. By accessing the TSBU CPA in its Web-based Format and by registering for the TSBU CPA, the User provides his/her express written consent to TSBU to send promotional and marketing material directly to the User, including, without limitation, information about products, services, and special offers from TSBU across the various eco-systems offered through this TSBU CPA, based on the User’s Personal Information collected by TSBU. TSBU will do this by e-mail, text message or any other appropriate medium. If the User decides that he/she does not want TSBU to do this, or would like to unsubscribe from any listings, the User can inform TSBU by sending an e-mail to bookings@thespacebetweenus.africa and upon doing so TSBU will no longer send such material to the User.
      2. 7.2. The User acknowledges that he/she provides the above consent voluntarily and without any undue influence from TSBU, after having read these Terms and Conditions and that he/she understands the consequences of such consent.
    8. GENERAL CONFIDENTIALITY OBLIGATIONS
      1. 8.1. For the purposes of this clause 8, “confidential information” means all information whether written (including information contained in electronic format) or oral, concerning the intellectual property, business, business practices and know-hows, client information and affairs of the Disclosing Party, provided to the Receiving Party for the purposes of these Terms and Conditions.
      2. 8.2. Each Party (the Receiving Party) shall treat and hold as strictly confidential all confidential information which it may receive from or about any other Party (the Disclosing Party). Unless agreed otherwise, the provisions of this clause 8 shall apply mutatis mutandis to any Affiliate of TSBU as if they were a Party
      3. 8.3. The Receiving Party undertakes and agrees that:
        1. 8.3.1. the Receiving Party shall not at any time, whether during the currency of these Terms and Conditions or at any time thereafter, either use any confidential information of the Disclosing Party or directly or indirectly divulge or disclose any confidential information of the Disclosing Party to third parties (save as expressly provided for to the contrary in these Terms and Conditions); and
        2. 8.3.2. all written instructions, drawings, notes, memoranda and records of whatever nature relating to the confidential information of the Disclosing Party which have or will come into the possession of the Receiving Party, shall be and shall at all times remain the sole and absolute property of the Disclosing Party.
      4. 8.4. A Party may disclose confidential information which would otherwise be confidential if and to the extent:
        1. 8.4.1. required by law;
        2. 8.4.2. required by any securities exchange or regulatory or governmental body to which any Party is subject, wherever situated, whether or not the requirement for information has the force of law;
        3. 8.4.3. that the information is disclosed to the professional advisers, auditors and bankers of each Party;
        4. 8.4.4. that the information has come into the public domain through no fault of that Party;
        5. 8.4.5 that the information has been independently developed by the Receiving Party;
        6. 8.4.6 that the other Parties have given prior written approval to the disclosure, such approval not to be unreasonably withheld or delayed; provided that any information so disclosed shall be disclosed only after consultation with the other (Party/Parties).
      5. 8.5. Upon the written request of the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party all documents and other medium containing the confidential information of the Disclosing Party (as well as all copies, notes or reproductions thereof) and delete and remove the confidential information from its electronic databases and deliver to the Disclosing Party a certificate from any director of the Receiving Party that it has done so.
      6. 8.6. Without prejudice to the other rights of the Disclosing Party, in the event of an unauthorised disclosure or use of confidential information occurring through a Disclosure Party in recovering and preventing the use all reasonable endeavours to assist the Disclosing Party in recovering and preventing the use, dissemination, sale or other disposal of such confidential information.
      7. 8.7. Notwithstanding any remedies that a Party may have in terms of these Terms and Conditions, in the event the Receiving Party commits a breach of this clause 8, then the Disclosing Party shall be entitled to, bring an application in any court with the competent jurisdiction, whether on an urgent basis or not for granting of an interdict against Receiving Party to prevent any further breach.
      8. 8.8. The parties acknowledge that monetary damages may not be sufficient to compensate the Disclosing Party, for a breach of this clause 8 and therefore each Party agrees that the Disclosing Party may approach the High Court of South Africa for appropriate relief in respect of protecting its confidential information.
      9. 8.9. This clause 8 shall survive the termination of these Terms and Conditions in perpetuity.
PRIVACY POLICY AND USE OF PERSONAL INFORMATION
    1. INTRODUCTION
      1. 1.1. TSBU is committed to protecting Users’ privacy and Personal Information and therefore warrants that no information collected will be used for any other purposes other than stipulated in these Terms and Conditions. TSBU reserves the right at any time to change, alter or update the Privacy Policy Terms and Conditions, provided that same shall not contravene any applicable legislation or regulations.
      2. 1.2. By accessing the TSBU CPA in its Web-based Format and by registering for the TSBU CPA, the User expressly consents to the collecting and Processing of his/her Personal Information by TSBU, which permission shall extend only to the collecting and Processing of the User’s Personal Information for the purposes set out in clause 2 below.
      3. 1.3. TSBU will not collect or Process the User’s Personal Information for any purpose, other than the purposes disclosed to the User in clause 2 below, unless the User gives TSBU express written consent to do so, or unless TSBU is permitted or required to do so by law, and TSBU shall at all times remain responsible for determining the purposes and means for Processing the User’s Personal Information and disclosing such purpose to the User to the extent that it has not done so in these Terms and Conditions.
      4. 1.4. By accessing the TSBU CPA and by registering on the TSBU CPA, the User provides express written consent to the sharing of his/her Personal Information by TSBU (strictly for the purposes disclosed to the User in clause 2 below) with its Affiliates, as well as the sharing of his/her Personal Information with trusted third parties who assist TSBU in operating the TSBU CPA, as well as those third parties assisting TSBU in carrying out the operations contemplated in clause 2 below (such as marketing and research), conducting business or servicing the User, so long as those parties agree to keep this information confidential and adhere to TSBU’s privacy policies
      5. 1.5. The User acknowledges that he/she has read these Terms and Conditions and in particular the privacy policy contained in this section B and that he/she understands and accepts the consequences of the consents with respect to his/her Personal Information given by it in clauses 1.2 and 1.4 above and that he/she is giving such consents voluntarily and without any undue influence from TSBU.
      6. 1.6. Non-personally identifiable information or depersonalised information may be provided to other parties for marketing, advertising, or other uses.
    2. PURPOSES FOR COLLECTING AND PROCESSING OF PERSONAL INFORMATION
      1. 2.1. The following are the purposes for which TSBU will collect and Process the User’s Personal Information:
        1. 2.1.1. to operate and administer the TSBU CPA, to allow TSBU to provide the Services, or any combination of services linked to the TSBU CPA, to the User, to personalise and tailor the Services for the User and to process instructions or requests by the User with respect to the Services and the use of the TSBU CPA;
        2. 2.1.2. to monitor and analyse the User’s conduct in respect of the TSBU CPA for fraud;
        3. 2.1.3. for compliance and risk related purposes;
        4. 2.1.4. to analyse the Personal Information collected for research and statistical purposes and once such Personal Information is analysed to send the User marketing and promotional material which TSBU believes are relevant to the User based on its analyses of the User’s Personal Information;
        5. 2.1.5. to conduct market research, as well as academic research in respect of the Personal Information in order to identify potential markets and trends, to develop new products and services and to improve TSBU’s offerings to Users in terms of the TSBU CPA, as well as offerings, products and services by TSBU and its Affiliates, to its Users in terms of its business practices in general, whether in the ordinary course or otherwise;
        6. 2.1.6. to aggregate and/or depersonalise the User’s Personal Information after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such depersonalised information to third parties for commercial or non-commercial means.
      2. 2.2. All Personal Information collected for research, statistical and marketing purposes will be aggregated and/or depersonalised before on-selling or transferring such information to third parties, except as expressly agreed to by the User in clause 1.4 above.
    3. SECURITY OF PERSONAL INFORMATION
      1. 3.1. TSBU takes all reasonable steps to protect the User’s Personal Information from loss of, damage to, unauthorised use of, or misuse or alteration of the User’s Personal Information. The Personal Information will be stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
      2. 3.2. As a protection measure, when registering for the TSBU CPA, the User will be given a username and password which the User must always keep confidential and ensure that it is not disclosed it to anyone.
    4. INFORMATION QUALITY
      1. 4.1. The User shall take all reasonably practicable measures to ensure that the Personal Information provided to TSBU CPA in respect of a User is at all times complete, accurate and updated.
      2. 4.2. If the User wants to update or correct any of his/her Personal Information held by TSBU CPA, the User can make any such changes as required by updating his/her profile.
    5. COOKIES
      1. 5.1. TSBU uses cookies (an alphanumeric identifier), which are small files that the TSBU CPA transfers to the hard drive of a User’s device through the User’s web browser (if the User allows this) and this enables TSBU to recognise the User’s browser and capture and remember certain information.
      2. 5.2. TSBU uses cookies to help it remember, process and compile aggregate data about site traffic and site interaction so that it can offer better site experiences and tools in the future.
    6. THIRD PARTY LINKS
      1. 6.1. TSBU intends to include or offer third party products or services on the TSBU CPA (including without limitation and provide links to the sites of such third party). These third-party sites have separate and independent privacy policies. TSBU and its Affiliates have no responsibility or liability for the content and activities of these linked sites and make no warranties or representations regarding the content and activities of such sites whatsoever. All third party links or websites are subject to the privacy policies of such providers.
      2. 6.2. Any payments made on the TSBU CPA by the User in respect of online or other products or services, shall be done by means of a third party payment portal. All payments shall be done in terms of the third party’s payment platform terms and conditions. TSBU shall not store any of the Consumer’s banking or credit or debit card details. TSBU shall inform the User by means of its payment procedures of the third party service provider by whom payments will be managed and processed. TSBU shall only use registered financial service providers in respect of online payments.
    7. DIRECT MARKETING
      1. 7.1. By accessing the TSBU CPA in its Web-based Format and by registering for the TSBU CPA, the User provides his/her express written consent to TSBU to send promotional and marketing material directly to the User, including, without limitation, information about products, services, and special offers from TSBU across the various eco-systems offered through this TSBU CPA, based on the User’s Personal Information collected by TSBU. TSBU will do this by e-mail, text message or any other appropriate medium. If the User decides that he/she does not want TSBU to do this, or would like to unsubscribe from any listings, the User can inform TSBU by sending an e-mail to bookings@thespacebetweenus.africa and upon doing so TSBU will no longer send such material to the User.
      2. 7.2. The User acknowledges that he/she provides the above consent voluntarily and without any undue influence from TSBU, after having read these Terms and Conditions and that he/she understands the consequences of such consent.
    8. GENERAL CONFIDENTIALITY OBLIGATIONS
      1. 8.1. For the purposes of this clause 8, “confidential information” means all information whether written (including information contained in electronic format) or oral, concerning the intellectual property, business, business practices and know-hows, client information and affairs of the Disclosing Party, provided to the Receiving Party for the purposes of these Terms and Conditions
      2. 8.2. Each Party (the Receiving Party) shall treat and hold as strictly confidential all confidential information which it may receive from or about any other Party (the Disclosing Party). Unless agreed otherwise, the provisions of this clause 8 shall apply mutatis mutandis to any Affiliate of TSBU as if they were a Party.
      3. 8.3. The Receiving Party undertakes and agrees that:
        1. 8.3.1. the Receiving Party shall not at any time, whether during the currency of these Terms and Conditions or at any time thereafter, either use any confidential information of the Disclosing Party or directly or indirectly divulge or disclose any confidential information of the Disclosing Party to third parties (save as expressly provided for to the contrary in these Terms and Conditions); and
        2. 8.3.2. all written instructions, drawings, notes, memoranda and records of whatever nature relating to the confidential information of the Disclosing Party which have or will come into the possession of the Receiving Party, shall be and shall at all times remain the sole and absolute property of the Disclosing Party
      4. 8.4. A Party may disclose confidential information which would otherwise be confidential if and to the extent:
        1. 8.4.1. required by law;
        2. 8.4.2. required by any securities exchange or regulatory or governmental body to which any Party is subject, wherever situated, whether or not the requirement for information has the force of law;
        3. 8.4.3. that the information is disclosed to the professional advisers, auditors and bankers of each Party;
        4. 8.4.4. that the information has come into the public domain through no fault of that Party;
        5. 8.4.5 that the information has been independently developed by the Receiving Party;
        6. 8.4.6 that the other Parties have given prior written approval to the disclosure, such approval not to be unreasonably withheld or delayed; provided that any information so disclosed shall be disclosed only after consultation with the other (Party/Parties).
      5. 8.5. Upon the written request of the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party all documents and other medium containing the confidential information of the Disclosing Party (as well as all copies, notes or reproductions thereof) and delete and remove the confidential information from its electronic databases and deliver to the Disclosing Party a certificate from any director of the Receiving Party that it has done so.
      6. 8.6. Without prejudice to the other rights of the Disclosing Party, in the event of an unauthorised disclosure or use of confidential information occurring through a Disclosure Party in recovering and preventing the use all reasonable endeavours to assist the Disclosing Party in recovering and preventing the use, dissemination, sale or other disposal of such confidential information.
      7. 8.7. Notwithstanding any remedies that a Party may have in terms of these Terms and Conditions, in the event the Receiving Party commits a breach of this clause 8, then the Disclosing Party shall be entitled to, bring an application in any court with the competent jurisdiction, whether on an urgent basis or not for granting of an interdict against Receiving Party to prevent any further breach.
      8. 8.8. The parties acknowledge that monetary damages may not be sufficient to compensate the Disclosing Party, for a breach of this clause 8 and therefore each Party agrees that the Disclosing Party may approach the High Court of South Africa for appropriate relief in respect of protecting its confidential information.
      9. 8.9. This clause 8 shall survive the termination of these Terms and Conditions in perpetuity.

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