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Terms of Use

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Last Updated: 29,May 2026

Please read these Terms of Use carefully before using Our Service.

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1. Interpretation and Definitions

Interpretation

Words where the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.

Definitions

For the purposes of these Terms of Use:

  • Affiliate: Means an entity that controls, is controlled by, or is under common control with a party. For this definition, "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

  • Company: (Referred to as either "the Company", "We", "Us", or "Our" in this Agreement) refers to 365 Digital Pty Ltd, located a:

  • 31 Chavonne Street

  • Welgemoed

  • 7530

  • Country: Refers to the Republic of South Africa.

  • Device: Means any digital device capable of accessing our Service, including but not limited to computers, cellphones, or digital tablets.

  • Service: Refers directly to the Website.

  • Terms and Conditions: (Also referred to as "Terms" or "Terms of Use") Mean these Terms and Conditions, which form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service: Means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

  • Website: Refers to 365 Digital, accessible from https://365digital.co.za/ and https://365digital.africa/.

  • You: Means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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2. Acknowledgment

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

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3. Intellectual Property Rights

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of 365 Digital Pty Ltd and its licensors.

The Service is protected by copyright, trademark, and other laws of both South Africa and foreign countries. Our trademarks, logos, and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

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4. Acceptable Use Policy

You agree not to use the Service for any purpose that is prohibited by these Terms or applicable law. You are responsible for all of Your activity in connection with the Service.

Prohibited Activities

You shall not (and shall not permit any third party to):

  • Use the Service to breach any local, national, or international law or regulation.

  • Transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material (spam).

  • Knowingly introduce viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, without our prior written consent.

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5. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

Recommendation: We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

 

6. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately.

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7. Limitation of Liability

To the maximum extent permitted by applicable law (including the South African Consumer Protection Act), in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever.

This includes, but is not limited to:

  • Damages for loss of profits

  • Loss of data or other information

  • Business interruption

  • Personal injury

  • Loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service

This limitation applies even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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8. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.

To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will:

  • Meet Your requirements or achieve any intended results.

  • Be compatible or work with any other software, applications, systems, or services.

  • Operate without interruption or meet any performance or reliability standards.

  • Be entirely error-free or that any errors or defects can or will be corrected.

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9. Governing Law and Jurisdiction

The laws of the Republic of South Africa shall govern these Terms and Your use of the Service.

Any dispute arising from these Terms or Your use of the Service shall be subject to the exclusive jurisdiction of the courts of South Africa (specifically those located in Cape Town, Western Cape).

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10. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company directly.

 

11. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

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12. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

13. Contact Us

If you have any questions or complaints regarding these Terms of Use, you can contact us:

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