Our PolicyWelcome to the web site (the "Site") of THANAS (Pty) Ltd. This Site is operated by THANAS and has been created to provide information about our company and the THANAS automotive services and products, whether accessible to you via web, mobile app or other platform (our services, together with the Site, are the
queries, please email us at email@example.com
Within this policy document we will refer to this company as "THANAS", "we", "us" and/or "our".
Our legal status under applicable data privacy lawsTHANAS is the data controller under South Africa’s Protection of Personal Information Act (POPI) of 2013.
THANAS conforms to this Act in terms of the collection, use, and retention of personal data.
Information We CollectWhen you interact with us through the Services, we may collect Personal Data and other information from you,
as further described below.
Personal Data That You Provide Through the ServicesWe collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services, which typically includes your: (i) name; (ii) telephone number; (iii) email address; (iv) home address; (v) information about your home which you give us; (v) your payment details; (iv) your IP address; and (vi) any
other personal information which you give us in connection with the Services.
to be postponed).By voluntarily providing us with Personal Data, you are consenting to our use of it in connection with the
Non-Identifiable DataWhen you interact with THANAS through the Services, we receive and store certain information which does not identify you personally (referred to as de-identified information in South Africa). Such information is
collected passively using various technologies. This includes:Technical or other details about any device which you use to access the Services, including: Internet and/or network connection; your Media Access Control (MAC); any device Unique Device Identifier (UDID) or equivalent; your operating system, browser type or other software; your hardware or mobile device details (including your mobile device type and number and mobile carrier details), if applicable; or other technical details. This is technical data about our users and their actions and patterns, which we do not believe
identifies any individual;Details of your use of our Services including, but not limited to: metrics information about when and how you
use the Services; traffic data; and your geographical location data.THANAS may store such information itself or such information may be included in databases owned and maintained by THANAS’s affiliates, agents or service providers. The Services may use such information and pool it with other information on an anonymised and generalised basis to track, for example, the total number of users of our Services, the number of visitors to each page of our Site and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in
Cookie Opt outMost web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because many of our Website's features
utilise cookies, we recommend that Users do not block them.
Our Use of Your Personal Data and Other InformationBy providing us with the information about you discussed above, you consent for us and our subsidiaries and
affiliates to use that information in the following ways:(1) to implement and monitor any THANAS vendor service bookings or product orders which you make using the website; (2) to share your Personal Data with THANAS vendors in order to carry out your THANAS bookings or effect delivery of products ordered using our Services; (3) to ensure that content from our Services is presented in the most effective manner for you and for your computer or other device from which you access the Services; (4) to provide you with information, products or services that you request from us or which we feel may interest you; (5) to carry out our obligations arising from any contracts between you and us; (6) to allow you to participate in interactive features of our Services, when you choose to do so; (7) to notify you about changes to our Services; (8) to improve or modify the Services, for example based on how you use our Services; (9) to calculate conversion rates and other elements of Services' performance; and (10) for
marketing purposes (which we discuss further below).
Our Disclosure of Your Personal Data and Other InformationTHANAS is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data
with certain third parties, as set out below.
Vendors and dealerships of vendorsWe will share your Personal Data with the registered vendors and their listed dealerships as necessary for
them to provide their listed services to you, or deliver a product that is fulfilled by them.
Business TransfersAs we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale,
merger, reorganisation, dissolution or similar event, Personal Data may be part of the transferred assets.
Related CompaniesWe may also share your Personal Data with the THANAS Related Companies if we need to do so to fulfil this
Agents, Consultants and Related Third PartiesTHANAS, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and under the same standards and protections as in this
Legal RequirementsTHANAS may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of THANAS, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the
public, or (iv) protect against legal liability.
Aggregated Personal DataIn an ongoing effort to better understand and serve the users of the Services, THANAS conducts research on its user demographics, interests and behaviour based on the Personal Data and other information provided to us. This research will be compiled and analysed on an aggregate basis, and THANAS may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. THANAS may also disclose aggregated user statistics to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes in fulfilment of this
Marketing and AdvertisingTHANAS and its affiliates may use Personal Data to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please
contact us as indicated below.We do not disclose personal information about identifiable individuals to advertisers, but we may provide them with aggregate and/or anonymised information about our users to help advertisers reach the kind of audience they want to target. We may make use of the information we have collected from you to enable us to
comply with our advertisers' wishes by displaying their advertisement to that target audience.
Your ChoicesYou can visit the Services without providing any Personal Data. If you choose not to provide any Personal
Data, you may not be able to use certain THANAS Services.
Where and how we store your personal informationThe information that we collect from you will be held in secure servers. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary
Unsolicited information and public forumsPlease be aware that we do not accept unsolicited Personal Data unconnected with the Services and we will delete it as soon as we become aware you have sent us any such Personal Data (unless we are required to keep
which you will be responsible.
Services, please contact us, and we will endeavour to delete that information from our databases.
their privacy policies.
Customer DetailsCustomer details will be stored by THANAS separately from card details, when and if card details are to be
SecurityTHANAS takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free; any transmission is at your own risk. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to THANAS via the Internet. Once we have received your information, we will use strict procedures and security features to try to prevent
unauthorised access.THANAS undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for our Services. THANAS cannot be held responsible for security breaches occurring on your electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that you may
inadvertently have installed on your device.
Other Terms and Conditions
Your rightsAs a South African citizen, you have the right to ask us not to process your personal information for marketing purposes by contacting us at firstname.lastname@example.org. South African Protection of Personal Information Act gives you the right to access information held about you. Any access request may be subject to a small administrative fee to meet our costs in providing you with details of the information we hold about you. You may also email us at email@example.com to request that we delete your personal information from our database. We will use commercially reasonable efforts to honour your request. We may retain an archived copy of your records as required by law or for legitimate business purposes (and if so we will explain this to you
at the time).
Policy shall indicate your agreement with the revised terms.
Access to Information; Contacting THANASTo keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted
information practices of the Services.
You may contact us as follows: firstname.lastname@example.org
INFORMATION YOU PROVIDE TO US VIA SIGN UP
CLAUSE 1 RELATING TO CONSENT AND INFORMATION PROVIDEDThe purpose of clause 1 is an explicit acknowledgement by THANAS (Pty) Ltd and the directors thereof, of the risks that are associated with uploading information regarding a third party- without his or her consent-
onto the internet.
Terms and ConditionsThe terms and conditions stated herein (collectively, this "Agreement") constitute a legal agreement between you and THANAS (Pty) Ltd, a South African Company. By using or receiving any services supplied to you by the Company (together with the website located at thanas.co.za, collectively, the "Service"), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from
time to time at /terms or through the Service.The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at
email@example.comTHE COMPANY DOES NOT DIRECTLY PROVIDE PROFESSIONAL OR LABOUR SERVICES (TUNING, ELECTRICAL WORK, MECHANICAL WORK ETC) AND THE COMPANY IS NOT A LABOUR PROVIDER. THE COMPANY DOES NOT DIRECTLY SELL PRODUCTS EITHER, IT IS UP TO THE VENDORS AND DEALERSHIPS REGISTERED WITH THANAS.CO.ZA TO OFFER SERVICES AND PRODUCTS WHICH MAY BE SCHEDULED OR PURCHASED THROUGH USE OF THE WEBSITE OR SOFTWARE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY SERVICES AND PRODUCTS, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SERVICES OR ACT IN ANY WAY AS A DIRECT SERVICE PROVIDER OR RETAIL OUTLET, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY
SERVICES OR PRODUCTS RENDERED OR FULFILLED BY VENDORS OR DEALERSHIPS OF VENDORS.
THANAS is a PlatformThe Service is a communications platform for enabling the connection between individuals seeking to obtain 'Labour or Professional' services and products and/or individuals seeking to provide 'Labour or Professional' services or products. The Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such 'Labour or Professional' service providers or product suppliers. When interacting with 'Labour or Professional' service providers, as well as product suppliers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither the company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service. The company and its affiliates and licensors will not be liable for any claim, injury or
damage arising in connection with your use of the service.
Representations and WarrantiesBy using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from the country, state and city in which you are present while
using the Software or Service.You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible
handset or if you have downloaded the wrong version of the Software for your handset.
By using the Software or the Service, you agree that:You will only use the Service or Software for lawful purposes; you will not use the Service for sending or
storing any unlawful material or for fraudulent purposes.
You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service or Software in any way whatsoever.
You will not copy, or distribute the Software or other content without written permission from the Company.
You will only use the Software and Service for your own use and will not resell it to a third party.You will keep secure and confidential your account password or any identification provided to you which
allows access to the Service.
You will provide us with whatever proof of identity the Company may reasonably request.
You will only use an access point or data account that you are authorized to use.
License Grant & RestrictionsThe Company hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement.
All rights not expressly granted to you are reserved by the Company and its licensors.You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or
hinders the operation and/or performance of the Service or Software.You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or
Following cancellation of this agreement:Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to
use our Website if we have given you notice of cancellation.
Changes to the terms and conditions:We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised
agreement if you continue to use our Website or the Services following the effective date shown.
You are responsible for your Content.You must not publish or send any Content (including links or references to other content) which is threatening, harassing, invasive of privacy, defamatory, offensive, racist, hateful, discriminatory or
abusive or which we otherwise consider to be inappropriate;
If you post a Review, you also promise that it is your independent, honest, genuine opinion.You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your
Content as contemplated by the Website and these terms and conditions.We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate
authority. If so, you must not attempt to re-publish or re-send the relevant Content.We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable
We reserve the right to irretrievably delete your Content at any time.
Content of other Users:We do not endorse or recommend any Reviews by other Users. You rely on such information at your own risk. We
accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Reviews.
Security:Your account on our Website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at
Functioning of our Website:
We cannot guarantee that the Website will be uninterrupted or error-free.We are entitled, without notice and without liability, to suspend the Website for repair, maintenance,
improvement or other technical reason.
Liability:Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or
limited.You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you
incur any costs remedying the matter yourself.
We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
Such loss or damage was not reasonably foreseeable by both parties;
Such loss or damage is caused by you, for example by not complying with this agreement; orYou will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this
agreement or misuse of our Website (subject of course to our obligation to mitigate any losses).
Employment and TaxTHANAS is not an employment service and does not serve as an employer of any User or Service Provider. As such, THANAS will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with the use of these Services. You understand and agree that if THANAS is found to be liable for any tax or withholding tax in connection with these Services, then the Service Provider will immediately reimburse and pay to THANAS an
equivalent amount, including any interest or penalties thereon.
Intellectual Property OwnershipThe Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties,
and no right or license is granted to use them.
with respect to the Service or Software should be sent to the Company at:
By Email: firstname.lastname@example.org
Third Party InteractionsDuring use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all
responsibility or liability arising from such agreements between you and the third party providers.The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party
you interact with through the Service.
IndemnificationBy entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of 'Labour or Professional' services arranged via the Service or Software, or (c) your use or
misuse of the Software or Service.
TerminationThe Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. The Company will use good faith efforts to contact you to warn
you prior to suspension or termination of your account by the Company.
Disclaimer of WarrantiesThe company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. The company does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software (including any 'Labour or Professional' services) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service (including any 'Labour or Professional' services) will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products, remains solely with you, to the maximum
extent permitted by law.
Network DelaysThe company's service and software may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. The company is not
responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of LiabilityIn no event shall the company's aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the company and/or its licensors have been previously advised of the possibility
of such damages.The company may introduce you to third party 'Labour or Professional' service providers for the purposes of providing 'Labour or Professional' services. We will not assess the suitability, legality or ability of any third party 'Labour or Professional' service providers and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party 'Labour or Professional' service provider. The company will not be a party to disputes, negotiations of disputes between you and such third party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or
service, or in any way related to the third parties introduced to you by the software or service.The quality of the 'Labour or Professional' services scheduled through the use of the service or software is entirely the responsibility of the third party provider who ultimately provides such 'Labour or Professional' services to you. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate
professional.By using the service or software, you agree that the exclusions and limitations of liability set out in this
agreement are reasonable. If you do not think they are reasonable, you must not use the service or software.
NoticeThe Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail
or pre-paid post to your address on record in the Company's account information.
Controlling Law and JurisdictionThis Website is controlled, operated and administered by THANAS from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the Services sold on the Website is illegal is prohibited. You may not use this Website in violation of South African laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between you and
THANAS with regard to the use of the Content and this Website.
Dispute ResolutionINFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set
forth above.Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and THANAS on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of THANAS, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/
expedited_rules.pdf.WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. You acknowledge and agree that you and the company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph
is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.
AssignmentThis Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (
iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
GeneralNo joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written
or oral, between you and the Company regarding the subject matter contained herein.
Other PartiesYou accept that, as a corporation, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company's officers or employees in respect of any losses you suffer in connection with the Service or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company's officers, employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as the Company.
Breaches of these terms and conditionsWithout prejudice to the Company's other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software
and/or bringing court proceedings against you.
If you have any complaints, please email us at: .email@example.com