Terms and Conditions
Last updated: December 08, 2023
Please read these terms and conditions carefully before using the Royal Impact web and/or mobile application including any services that may be offered on it (“App”).
Interpretation and Definitions
Interpretation
Clause headings and the heading of these Terms and Conditions are for convenience only and are not to be used in its interpretation;
an expression which denotes –
any gender includes the other genders;
a natural person includes a juristic person and vice versa;
the singular includes the plural and vice versa;
a Party includes a reference to that Party‘s successors in title and assigns allowed at law; and
a reference to a consecutive series of two or more clauses is deemed to be inclusive of both the first and last-mentioned clauses.
Any reference in these Terms and Conditions to –
“business hours” shall be construed as being the hours between 08h00 and 16h00 on any business day. Any reference to time shall be based upon South African Standard Time;
“days” shall be construed as calendar days unless qualified by the word “business”, in which instance a “business day” will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time;
“laws” means all constitutions; statutes; regulations; by-laws; codes; ordinances; decrees; rules; judicial, arbitral, administrative, ministerial, departmental or regulatory judgements, orders, decisions, rulings, or awards; policies; voluntary restraints; guidelines; directives; compliance notices; abatement notices; agreements with, requirements of, or instructions by any Governmental Body; and the common law, and “law” shall have a similar meaning;
“Parties” means the parties to these Terms and Conditions and “Party” means either one of them as the context may require; and
“person” means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality, as required by the context.
The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.
Any substantive provision, conferring rights or imposing obligations on a Party and appearing in any of the Definitions or elsewhere in these Terms and Conditions, shall be given effect to as if it were a substantive provision in the body of these Terms and Conditions.
Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout these Terms and Conditions.
Unless otherwise provided, defined terms appearing in these Terms and Conditions in upper case shall be given their meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with their plain English meaning.
A reference to any statutory enactment shall be construed as a reference to that enactment as at the agreement or consent or acknowledgement date and as amended or substituted from time to time.
Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.
If the due date for performance of any obligation in terms of these Terms and Conditions is a day which is not a business day, then (unless otherwise stipulated) the due date for performance of the relevant obligation shall be the immediately preceding business day.
Where figures are referred to in numerals and in words, and there is any conflict between the two, the words shall prevail, unless the context indicates a contrary intention.
The rule of construction that these Terms and Conditions shall be interpreted against the Party responsible for the drafting of these Terms and Conditions, shall not apply.
No provision of these Terms and Conditions shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (stipulatio alteri) who is not a Party to these Terms and Conditions.
Any reference in these Terms and Conditions to “these Terms and Conditions” or any other agreement or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other agreement or document, as amended, varied, novated or supplemented from time to time.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: South Africa
Company (referred to as either “the Company, “We”, “Us” or “Our” in these Terms and Conditions) refers to Royal Impact Holdings (Pty) Ltd (“Royal Impact”) or any directly related entity that owns intellectual property of this App. A company registered in the Republic of South Africa with registration number 2020/601776/07, having its registered office at 1 Direpotsane Street Bafokeng Civic Centre Phokeng North West 0335.
Device means any device that can access the App such as a computer, a cellphone or a digital tablet.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the App.
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 App.
Website refers to Royal Impact’s website, accessible from www.royalimpact.co
You means the individual accessing or using the App, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this App and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the App.
Your access to and use of the App is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the App.
By accessing or using the App You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the App.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the App unless consented by a parent or legal guardian who accepts the terms and conditions given in these Terms and Conditions.
Your access to and use of the App is also conditioned on Your acceptance of and compliance with the Privacy Policy Statement of the Company. Our Privacy Policy Statement describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the App or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy Statement carefully before using Our App.
Links to Other Websites
Our App may contain links to third-party web sites 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 web sites 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.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
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 and Conditions.
Upon termination, Your right to use the App will cease immediately.
Limitation of Liability
Not withstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to 0 (zero) Rands.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the App, third-party software and/or third-party hardware used with the App, or otherwise in connection with any provision of these Terms and Conditions), 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.
“AS IS” and “AS AVAILABLE” Disclaimer
The App 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 App, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the App will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the App, or the information, content, and materials or products included thereon; (ii) that the App will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the App; or (iv) that the App, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Governing Law
The laws of the Country, excluding its conflicts of the rule of law, shall govern these Terms and Conditions and Your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the App, You agree to first try to resolve the dispute informally by contacting the Company.
Severability and Waiver
Severability
If any provision of these Terms and Conditions 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 and Conditions 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.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time.
By continuing to access or use Our App 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 App
Cookies
We employ the use of cookies. By accessing the App, you agreed to use cookies in agreement with Our Privacy Policy Statement. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Intellectual Property
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on the App. This website and App contains information which is owned by or licensed to the Company, including but not limited to logos, text, design, layout, graphics, icons and other information related to the website and App. This information is protected under applicable intellectual property laws and reproduction, distribution, publication or any other use, either in whole or in part is strictly prohibited. All intellectual property rights are reserved. You may access this from the App for your own personal use subjected to restrictions set in these Terms and Conditions.
You must not:
You warrant and represent that:
You hereby grant the Company a non-exclusive license to use and reproduce and authorise others to use and reproduce any of your comments in any and all forms, formats or media.
Disclaimer
The information contained on the App is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the App.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorised by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a “fair use” of any such copyrighted.
If You wish to use copyrighted material from the App for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
No Advice Disclaimer
The information on the App is provided with the understanding that the Company is not herein engaged in rendering any professional advice and services.
In no event shall the Company or its Affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the App.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
royalImpact@Bafokeng.com