RESCUEBITE CUSTOMER TERMS AND CONDITIONS

(“CUSTOMER TERMS”)

 

THESE CUSTOMER TERMS ARE EFFECTIVE AS OF: 01 JANUARY 2021

“EFFECTIVE DATE”.

READ THESE CUSTOMER TERMS CAREFULLY BEFORE REGISTERING AS A CUSTOMER. YOUR CONTINUED USE OF THE SOFTWARE APPLICATION INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE CUSTOMER TERMS. YOU CANNOT USE THE CUSTOMER SERVICES IF YOU DO NOT ACCEPT THESE CUSTOMER TERMS. ALL SECTIONS OF THE CUSTOMER TERMS ARE APPLICABLE TO ALL CUSTOMERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

 

1.         Introduction

1.1.           The Software Application is made available, and owned by Lucid Billing (Pty) Ltd t/a rescueBite (bearing registration number 2020/000141/07) (hereinafter referred to as "rescueBite", the “Software Application”, "we", “our", "us" or “its”). Any reference to "rescueBite", "we", "our", "us" or “its” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and suppliers.

1.2.           The Customer Terms, including any document incorporated by reference herein, including the Privacy Policy (collectively, the "Terms") apply to the Customers making use of the Customer Services.

1.3.           Using the Customer Services and/or use of the Software Application after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and/or on behalf of the entity that you represent. Further, you represent and warrant that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

1.4.           To the extent permitted by applicable law, we may modify the Terms.  In the modification of the Terms we will require acceptance by the Customer prior to the Customer’s continued use of the Software Application, which consent shall be construed as a Customer’s consent to the modified, amended or updated Terms.  A Customer’s only remedy, should they not agree to the modifications, is to stop using the Software Application.

1.5.           We do not accept any Customers, or representatives of Customers, under the age of majority or who otherwise do not have the relevant capacity to be bound by the Customer Terms, unless such Customer has, through their parent or guardian, consented to the contents hereof. 

2.         Terminology

2.1.           The following terminology applies to these Customer Terms:

2.1.1.    Customer” shall mean a person or entity who through the use of the Software Application makes use of the Customer Services associated therewith;

2.1.2.    Customer Services” shall mean the services provided by us to a Customer through the Software Application as set out in clause 7 below;

2.1.3.    Default Purchase” shall mean an instance as set out in clause 13 below, when ownership of the Products does not transfer from the Store Partner to the Customer and delivery of the Products is not effected;

2.1.4.    Delivery Person” shall mean a third party appointed by us to deliver Products to a Customer;

2.1.5.    rescueBite Wallet” shall mean the account opened on the Software Application into which a Customer may purchase or make credits available to make payment for Products;

2.1.6.    License” shall mean the non-transferrable, non-exclusive, limited, and revocable license to access the Software Application as granted by us to the Customer as more fully set out in clause 3 below, which Software Application for the avoidance of doubt, shall be construed as our intellectual property;

2.1.7.    Party” or “Parties” means us or the Customer, alternatively us and the Customer as the context implies;

2.1.8.       Personal Information” shall mean the Personal Information as required from a potential Customer in order to register for the Customer Services;

2.1.9.    Products” shall mean the goods made available for purchase by a Customer from a Store Partner through the Software Application as set out more fully in clause 8 below;

2.1.10. Software Application” shall mean the Android & iOS mobile  application, with the android Software Application being available for download on the Google Play Store, and the iOS Software Application being available on the Apple App Store, as subscribed to by the Customer, and which comprises the Customer Services;

2.1.11. Store Partner” shall mean the company or individual who through the Software Application makes available the Products for sale to a Customer; 

2.1.12. Terms” means these Customer Terms and the Privacy Policy collectively;

2.2.           Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same. 

3.         Your agreement to these Customer Terms

3.1.           Subject to, and on the basis of a potential Customer’s acceptance of these Customer Terms, we grant to you a limited, revocable, non-transferable license to access and use the Software Application in accordance with the various policies and agreements which may govern such use and access.

4.         Commencement and Duration

4.1.           Save for what is stated in clause 23 below, the Terms shall apply to a Customer from the date that same are accepted until such time as they choose to no longer make use of the Customer Services or Software Application, and delete the Software Application from their device, alternatively they are terminated early in accordance herewith. 

4.2.           We shall however, after the termination of the Customer Services by you, retain certain of your Personal Information as required by applicable laws.

5.         Registration of a Customer

5.1.           In order to access the Customer Services, a potential Customer will be required to download the Software Application.

5.2.           A potential Customer will also through the registration process found on the Software Application, be prompted to provide log in details as well as submit certain personal information which is set out in more detail in the Privacy Policy which may be found here:  https://www.rescuebite.com/about/privacy

6.         Purpose of the Customer Services

6.1.           Our aim in providing Customer Services is to:

6.1.1.    create a market that promotes anti-food waste; and 

6.1.2.    enables a Customer access to Products at reduced prices to assist in combating the expenses of daily living, together with wastage.

7.         Customer Services

7.1.           In making use of the Software Application a Customer may purchase Products that are on offer by a Store Partner, and have same delivered to their chosen address.

7.2.           You shall also have the ability to create a rescueBite-Wallet, in terms of which credits loaded therein may be used to purchase Products.

7.3.           Through the Software Application you will be provided with an order number and the ability to track the progress of your purchase and when same may be delivered.

8.         Products

8.1.           The type of Products that may be made available to you for purchase are as follows:

8.1.1.    Hospitality industry: pre-prepared meals as may be provided by a restaurant, caterer, hotel, bed and breakfast and/or ghost kitchen; and/or 

8.1.2.    Shelf items: being those that one may expect to find at a wholesaler, manufacturer or distributor to supermarkets, superettes, cafés, grocery stores or the like; and/or

8.1.3.    Fresh produce: that one may expect to have supplied through a fresh produce supplier or farmer.

8.2.           In making use of the Customer Services, the Customer shall not:

8.2.1.    engage in any form of unethical behavior; and

8.2.2.    act in any manner which may be construed as not being compliant with the Terms. 

8.3.           Any failure by the Customer to act in accordance with the terms contained in this clause 8.2 may be construed as a breach of the Customer Terms, leading to the suspension or termination thereof, at our discretion.

9.         Payment for Customer Services

9.1.           No registration fee shall be payable by a Customer to us. 

9.2.           A Customer shall however be required to make payment of:

9.2.1.    the Products;

9.2.2.    a 10% (ten percent) service fee which shall reduce on a sliding scale based on the cost of Products so purchased; and

9.2.3.    a delivery fee, which shall be based on the distance between the collection point of the order and your delivery address.

10.      Processing of payments

10.1.        We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. 

10.2.        Payment may be made in one of the following manners: 

10.2.1. credit card/debit card - where payment is made by either credit or debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. You warrant that you are fully authorised to use the credit/debit card supplied for purposes of making payment. You also warrant that your credit/debit card has sufficient available funds to cover the full amount due.

10.2.2. Cash on Delivery (“COD”) – where payment is made by COD you warrant that you have sufficient cash on hand to make payment of the full amount due. 

10.2.3. rescueBite Wallet – where payment is made by virtue of credits held in your rescueBite Wallet.  Payment in this manner shall only be permitted if there are enough funds in your rescueBite Wallet to cover the full amount of the transaction.

11.      Our obligations

11.1.        Although we shall at no time be seen to be a party to any contract between Customer and Store Partner in the event of an issue arising related to the Products ordered, we may, if requested by you (and at our own discretion), attempt to mediate or appoint a mediator to resolve any issues or queries that may arise between you and a Store Partner, you and a Delivery Person, or any combination of the three.

11.2.        We shall not however at any time, be held liable, in the event a the Store Partner or Delivery Person not honouring any of their undertakings timeously, correctly, in full or at all.

12.      Delivery of Products 

12.1.        The Delivery Person employed in the delivery of the Products to you shall be an external third party.

12.2.        Delivery time of Products as shown on the Software Application is approximate only, and as such, neither rescueBite, a Delivery Person or a Store Partner shall be responsible in the event of late delivery of Products.

12.3.        A Customer may also track the delivery status of the Products by using the tracking service available to it through the Software Application.   A Customer may also contact the Delivery Person directly through the Software Application to enquire as to the delivery status. 

12.4.        We shall not be responsible for Products being delivered to an incorrect address or the Delivery Person using an incorrect telephone number when trying to contact you, if you have entered these details incorrectly during the order or registration process. 

12.5.        Should it come to your attention that either the delivery address or telephone number is incorrect and you wish to change same after the Products have already been processed but before same have left the premises, we are able to assist you in changing the details to ensure that your Products are delivered correctly on the condition that the new address falls within the area of delivery.  Should it fall outside of the area of delivery you will unfortunately be held liable for the full amount due in respect of the Products, whether received or not.   

13.      Default Purchases

13.1.        The below shall all be deemed as Default Purchases, and ownership of the Products shall not pass from the Store Partner to you: 

13.1.1. until such time as payment has been received in full (in respect of a COD payment).  In the event of you not honouring your payment obligation of the full amount due upon delivery, the Delivery Person shall not hand the Products to you, and ownership shall not pass from the Store Partner to you;

13.1.2. if upon arrival at your chosen address for delivery the Delivery Person shall contact you either telephonically or via sms.  Should you not respond to same, or keep the Delivery Person waiting for 10 (ten) minutes or longer after initial contact has been made, or attempted to be made, the Delivery Person shall be entitled to leave with the Products, and return same to the Store Partner;

13.1.3. if you place the Delivery Person in harms way by requesting that Products be delivered to an area that has been declared unsafe either as a result of inclement weather, uprising or otherwise.  In the event of you doing so, and the Delivery Person being unable and reasonably unwilling to complete the delivery process, the Products will be returned to the Store Partner.

13.2.        In the event of occurrences as set out in clause 13.1 above, you may continue to use the Customer Services, but only if payment is made by either debit card, credit card or through your rescueBite Wallet, on the understanding that when payment is made on your next purchase you will also be debited for the full amount of the Default Purchase (to the extent that payment was not already made).

14.      Replacements, refunds, incorrect orders

14.1.        You are entitled to a replacement of the Product or a refund in respect of the Product under the following circumstances:

14.1.1.    spoiled Products (as applicable to the hospitality industry): in the event that you receive spoiled Products, you will be required to send a photograph of such Products to support@rescuebite.com within 48 (forty eight) hours of having received same using your order number as a reference.  You and the Store Partner shall thereafter enter into discussions as to whether that Product should be replaced by the same or a similar Product of the same value, at the sole cost of the Store Partner, or whether you shall be reimbursed for the full amount paid by you. 

14.1.2.    spoiled Products (as applicable to shelf items or fresh produce): in the event that you receive spoiled or damaged Products you will be required to send a photograph of such Products to support@rescuebite.com within 48 (forty eight) hours of having received same using your order number as a reference.   You and the Store Partner shall thereafter enter into discussions as to whether that Product should be replaced by the same or a similar Product of the same value, at the sole cost of the Store Partner, or whether you shall be reimbursed for the full amount paid by you.

14.1.3.    spoiled/damaged Products (as applicable to shelf items, personal hygiene items or fresh produce): in the event that you receive spoiled or damaged Products you shall have 7 (seven) days from date of delivery of the Product to return same to the Store Partner and show to the Store Partner the order number received through the Software Application.  The Store Partner shall have the right to inspect the Products and make an election as to whether you are entitled to a replacement Product or a refund.  When making this decision various factors shall be taken into account such as what the freshness or shelf life of the Products were or might have been on date of delivery as against the date that same were brought to the Store Partner by you.

14.1.4.    Incorrect Product delivery: in the event that you receive an incorrect Product, you will be required to send a photograph of such Products to support@rescuebite.com within 48 (forty eight) hours of having received same using your order number as a reference.   You and the Store Partner shall thereafter enter into discussions as to whether that Product should be replaced by the same or a similar Product of the same value, at the sole cost of the Store Partner, or whether you shall be reimbursed for the full amount paid by you.

14.1.5.    Incomplete Product delivery: when the Product arrives, the onus shall be upon you to ensure that it has not been tampered with and/or that it is complete.  If you are of the view and have a valid reason to believe that there has been Product tampering, you shall be entitled to refuse delivery of the Order.  You are then required to immediately contact us on support@rescuebite.com with your concerns, including your order number as a reference so that we may investigate on your behalf.   

14.1.6.    Should the packaging be undamaged, but upon opening the Product it transpires that there a portion of it is missing, you will be required to send us a photo of the Product as it is on support@rescuebite.com using your order number as a reference within 48 (forty eight) hours of having received same.  You and the Store Partner shall thereafter enter into discussions as to whether the missing Product should be replaced by the same or a similar Product of the same value, at the sole cost of the Store Partner, or whether you shall be reimbursed for the cost of the Product.

14.2.        Based on what is set out in clause 14.1 above, should you be entitled to receive a refund, refunds shall only be made into the account from which the payment was made, or in the case of COD into the rescueBite Wallet.  As an alternative, you may be extended a line of credit for the full amount due to you in respect of the refund, alternatively the Product price excluding delivery fees.

15.      Cancellation by a Customer

15.1.        You may only cancel your purchase through the Software Application:

15.1.1.    in the event of a delay of a minimum of 1 (one) hour, on the proviso that the Product has not yet been collected by the Delivery Person; or

15.1.2.    at any time prior to the Store Partner confirming that the purchase of the Product has been accepted in which case you shall be entitled to a full refund of the price paid by you in respect of the Product; or

15.1.3.    after the Product has been accepted by the Store Partner, however in this event you shall be required to contact us on support@rescuebite.com and provide your order number, whereafter we will liaise with the Store Partner on your behalf.   Should the Store Partner in the interim have commenced with the preparation of the order then unfortunately your request for the cancellation will not be considered and you will not be entitled to a refund.

16.      Cancellation by a Store Partner

16.1.        Should it transpire that the Store Partner cannot fulfill your order due to the Product no longer being available, being out of stock, or the only remaining stock being of a sub-standard quality, the Store Partner may cancel your order, with you being entitled to a full refund, either into the account from which payment emanated, into your rescueBite Wallet in the event of a COD payment, or a line of credit being extended to you in the amount of the cancelled order.

17.      Customer feedback

17.1.        Once you have received the Product (or not received the Product) as the case may be, you shall be able to, through the Software Application post a comment relating to the service and/or Product received.  

17.2.        In doing so, you warrant that the feedback will true, correct non-libellous and not contain any profanity or inflammatory language.  Your failure to abide by these undertakings may, at our discretion, result in you no longer being able to make use of the Customer Services.

17.3.        Further, all our rights are reserved to share such comments as we wish for advertising purposes, without credit being provided to you. 

18.      Limitation of liability and indemnity 

18.1.        The Software Application shall be used entirely at your own risk.

18.2.        You hereby indemnify us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Customer Services or the Software Application, including any breach by the you of the Customer Terms, the Terms or any applicable law or licensing requirements. 

18.3.        To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Customer Terms and the Terms, might apply in relation to your use of the Software Application. 

18.4.        To the extent that our liability cannot be excluded by law, its maximum liability, whether in contract, equity, statute or delict (including negligence), to you will be limited to the minimum amount imposed by such law.

18.5.        Notwithstanding anything to the contrary in Customer Terms and the Terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.

18.6.        We shall not be liable for delays, interruptions, service failures or other problems that may be caused as a result of the use of the internet and electronic devices and communications outside of its reasonable control.

18.7.        Without limiting the generality of the foregoing, we make no warranty that the Software Application will meet your requirements, or that the Customer Services will be uninterrupted, timely, secure, error free or that defects in respect of the Customer Services will be corrected, nor that it will be virus free.

18.8.        You accept that access to the Customer Services and where applicable, the payments to us in respect of a purchase may be restricted on occasion due to necessary updates and maintenance being carried out on the Software Application. 

18.9.        Except for any express warranties in the Customer Terms, the Customer Services are provided on an “as is” basis and used at your own risk.

18.10.      We make no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.

19.      Restrictions 

19.1.        You may not:

19.1.1.    publish or mirror any of this Software Application’s material in any media whatsoever; 

19.1.2.    use the Software Application for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material; 

19.1.3.    take any action that imposes an unreasonable or disproportionately large load on the Software Application infrastructure, including spam or other unsolicited mass e-mailing or messaging techniques;

19.1.4.    use the Software Application in any manner would result in another Customer breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a Customer may owe to third parties; 

19.1.5.    mislead or deceive others through any act or omission or make a false representation about a Customer’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym; 

19.1.6.    conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;

19.1.7.    copy, collect or save information about other Customers or third party that uses the Software Application; 

19.1.8.    introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Software Application or to other Customers or third party using the Software Application; 

19.1.9.    stalk or harass anyone;

19.1.10.  attempt to disrupt or interfere with the Customer Services as delivered through the Software Application; 

19.1.11.  use the details of other Customers for anything other than the use expressly permitted by those Customers; 

19.1.12.  download, access, use, harvest or download in bulk Customer details; 

19.1.13.  remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Software Application;

19.1.14.  use this Software Application contrary to applicable laws and regulations, or in any way may cause harm to the Software Application or to any person or business entity;

19.1.15.  use this Software Application to engage in any advertising or marketing other than in a manner expressly permitted in respect of the Customer Services;

19.1.16.  crawl, spider or scrape the content of the Software Application, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Software Application; or

19.1.17.  provide unauthorised interfaces to the Software Application.

19.2.        You understand and agree that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the Customer Services. 

19.3.        Certain areas of the Software Application are restricted from being accessed by you, and we may further restrict access by you to any areas of this software Application at any time, in our absolute discretion.

20.      Confidentiality

20.1.        Confidential information means any documents or information created, received or obtained from us, together with information relating to us as well as non-public information pertaining to our business (including, without limitation pricing information, any related entities, the identity of Customers, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.

20.2.        A Customer may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right. 

20.3.        Where a Customer is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

20.4.        The Customer shall notify us immediately upon becoming aware of a suspected or actual breach of this obligation. 

20.5.        We will not disclose or make available to any third party, directly or indirectly, any Customer’s Confidential Information, except where we have the Customer’s permission, where the Confidential Information is already in the public domain (through no breach of the Terms), in furtherance of the Customer’s use of the Customer Services, to enforce all or any of the Terms or if legally compelled to do so.

21.      Copyrights

21.1.        The contents of the Software Application belong to us. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Software Application is ours unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

21.2.        Except as stated herein, none of the contents of the Software Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission or the copyright owner, and further, should such consent be provided, we reserve our rights to withdraw such consent at any stage, in our sole and absolute discretion.

21.3.        The Customer is expressly prohibited to include any hyperlink to any other website or application in any information uploaded to the Software Application by it.

21.4.        We do not permit copyright infringing activities or infringement of intellectual property rights on the Software Application, and may at our sole discretion, remove any infringing content should same infringe on another's intellectual property rights or its own. 

21.5.        All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Software Application, where not evidently that of the Customer or a third party, are our exclusive property.

22.      Non-exclusivity of Customer Services

22.1.        It is recorded that we shall provide the Customer Services to more than one Customer, and as such, no single Customer shall have any right or entitlement to any exclusivity to the Customer Services or the Products sold by it.

22.2.        We have no control of the prices of the Products, and cannot guarantee that one Store Partner will not advertise the same Product at a higher or lower price as that of another.

23.      Breach

23.1.        If either Party commits a breach of these Customer Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Customer Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

24.      Mediation and Arbitration

24.1.        Any dispute which arises between the us and a Customer in respect of the Customer Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing. 

24.2.        If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

24.3.        Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator. 

24.4.        The arbitration referred to in clause 24.2 shall be held –

24.4.1.    at Gauteng or other venue agreed by the parties in writing;

24.4.2.    in English; and 

24.4.3.    immediately and with a view to its being completed within 21 (twenty‑one) days after it is demanded. 

24.5.        The Parties irrevocably agree that the decision in arbitration proceedings:

24.5.1.    shall be final and binding upon them; 

24.5.2.    shall be carried into effect; 

24.5.3.    may be made an order of any court of competent jurisdiction.

25.      Informal dispute resolution process between Customers and Store Partners

25.1.        A Customer acknowledges that, if any disputes are not resolved directly with a Store Partner, by making use of the Customer Services it agrees to engage in an informal dispute resolution process as contained in this clause 25 insofar as a dispute may arise between them and a Store Partner, in accordance with the terms set forth herein, and in an attempt to resolve any dispute as cost effectively and as speedily as possible.

25.2.        The Customer wishing to raise a dispute (“the Complainant”) must communicate this dispute to us through direct email communication in the form of a written complaint (“the Dispute Notice”). The Dispute Notice shall provide a brief description of the nature of the complaint and should include all information necessary to enable us to investigate the complaint.

25.3.        The other party to the shall then be invited to respond to the Dispute Notice with a brief description of his/her/its version of the complaint. We will then assess the merits of the complaint and informally resolve the complaint within 60 (sixty) days from the date of delivery of such Dispute Notice to us.

25.4.        Our decision regarding the resolution of the complaint will be final and binding on both Parties and both Parties agree to abide by same. 

26.      Notices and domicilium

26.1.        We, and the Customer choose as our respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of the Customer Terms, the following: 

Lucid Billing (Pty) Ltd t/a rescueBite

Forest Hill City

6922 Forest Beech Street

Centurion

0157

support@rescuebite.com.

Customer: The address as provided when registering on the Software Application.

26.2.        Both we and the Customer may change our domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

26.3.        All notices to be given in terms of the Customer Terms will: 

26.3.1.    be given in writing; 

26.3.2.    be delivered or sent by email; and

26.3.3.    be presumed to have been received on the date of delivery. 

26.4.        Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

27.      Variation

27.1.        No contract varying, adding to, deleting from or cancelling the Customer Terms, and no waiver of any right under these Customer Terms, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.

28.      Survival

28.1.        Clauses which out of necessity or by implication herein survive termination of these Customer Terms, shall remain in full and effect despite the termination hereof.

29.      Application of the Electronic Communications and Transactions Act 25 of 2002 ("ECT ACT")

29.1.        Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.

29.2.        Data Messages sent by us to a Customer will be deemed to have been received by the Customer, as the case may be, in terms of the provisions specified in section 23(b) of the ECT Act. 

29.3.        Customers acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and them.

30.      General

30.1.        The Customer Terms, in conjunction with the Terms constitute the entire between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.

30.2.        Our failure to enforce any provision of the Customer Terms or the Terms shall not constitute a waiver of such provision.  Further, any consent to depart from the Customer Terms or the Terms shall be ineffective unless it is confirmed in writing and signed by us. 

30.3.        Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with Customer Terms or the Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

30.4.        The rights, powers and remedies provided to us in the Customer Terms and the Terms are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of the Customer Terms or the Terms.

30.5.        The Customer Terms together with the Terms constitute the entire agreement in as far as the provision of the Customer Services are concerned. The Customer acknowledges and agrees that it has not relied on any representations by us except those contained in the Customer Terms or the Terms.

30.6.        The laws of the Republic of South Africa shall apply to these Customer Terms and the Terms.

30.7.        Any claims, legal proceeding or litigation arising in connection with the Customer Terms and the Terms shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.

30.8.        We may assign or novate any of our rights or obligations under these Customer Terms or the Terms without a Customer’s consent. A Customer may not assign or novate any of his/her/its rights.

30.9.        If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.

31.      Preparation

31.1.        These Customer Terms have been custom created for Lucid Billing (Pty) Ltd t/a rescueBite by the good folks at Legal Legends www.legallegends.co.za.