Terms & Conditions

Terms & Conditions of use:

This Agreement was last modified on 23 January 2021.

1. Introduction

  1. Yournett (Pty) Ltd is a private company registered in terms of the laws of the Republic of South Africa, with registration number 2020/936670/07 and with its registered address at 114 Beach Road, Melkbosstrand, Cape Town, 7441 (“YOURNETT” or “We”).
  2. YOURNETT carries on the business of hosting an online based freelancing platform (at www.yournett.com, or such other URL as it may decide from time to time), (the “Online Platform”), on which platform consumers (“Consumers”) and service providers (“Vendors”) are matched. Consumers are able to request and specify the services required from the listed categories by posting a job offer under a certain price class, whilst Vendors are able to view the posted job and offer to render the required services by bidding on the posted job and agreeing to a service fee and deadline with the Consumer directly, through YOURNETT’s software, (“the Services”).
  3. YOURNETT is the owner and proprietor of the Online Platform.
  4. These terms and conditions of use and services, (“Terms”), will govern the provision of
    and use of the Services via the Online Platform or otherwise, as well as access to and the use of the Online Platform and the information and functions contained thereon. Please read them carefully.
  5. The Terms will be binding on every user of the Online Platform, whether a Consumer or a Vendor, or otherwise (referred to in these Terms as “User” or “You” or “Your”). Your use of the Online Platform (i) warrants that You have read and understood these Terms and any policies displayed on the Online Platform; (ii) indicates Your acceptance of these Terms and Your agreement to be bound by them; (iii) warrants and represents that You are legally entitled to use the Online Platform and that all details that You enter and information that You fill in is true and complete. If You disagree with these terms and conditions, then You must not use the Online Platform. These Terms may be amended from time to time without notice.

2. Consumer Protection Act

  1. These Terms may: (i) require the User to indemnify YOURNETT, (ii) limit YOURNETT’s risk or liability in respect of the use of the Online Platform or the use of the Services and create risks and liabilities for the Users. Accordingly, Users who are consumers, for the purposes of the South African Consumer Protection Act, No. 68 of 2008, (“CPA”), must be aware of these Terms as they are important and must be carefully considered. YOURNETT hereby specifically draws the importance of these Terms to Your attention.
  2. It is Your responsibility, before using the Online Platform, to request clarification of any of these Terms and conditions from YOURNETT if You do not understand its/their meaning.
  3. These Terms do not intend, in any way, to limit the provisions of the CPA.

3. Privacy

  1. Upon registering and creating Your profile on the Online Platform and in the course of using the Services or during the course of participating in any competitions, it is anticipated that You will disclose private information to YOURNETT, including but not limited to (i) Your particulars, (ii) contact information, (iii) address, (iv) gender, (v) date of birth, (vi) preferences, (vii) service requirements, and (viii) any other requested information.
  2. In line with data protection legislation, YOURNETT shall not use any of Your personal information, other than for the purposes set out in its prevailing privacy policy contained later in these Terms.

4. Content on the Online Platform

  1. As part of the Services, YOURNETT shall allow Consumers and third-part Vendors to create profiles on the Online Platform, where Users shall provide information about the services required and offered. YOURNETT has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The User agrees that such information is provided “as is” and that YOURNETT shall not be liable for any losses or damages that may arise from the User’s reliance on it, howsoever these may arise.
  2. YOURNETT reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Online Platform and any information or content on the Online Platform from time to time.
  3. YOURNETT makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any third-party supplied information, data and/or content on the Online Platform, including without limitation, that YOURNETT does not warrant that such information shall be error-free or that they shall meet any particular criteria of performance or quality as may be stated or implied by such third party.
  4. YOURNETT expressly disclaims all implied warranties, including without limitation, warranties of fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  5. Whilst YOURNETT has taken reasonable measures to ensure the integrity of the Online Platform and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Online Platform are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the User’s system.

5. Erros

  1. YOURNETT shall take reasonable efforts to ensure that all information about Consumers, the services of Vendors as well as its own Services are accurate, however should there be errors on the Online Platform, not arising from YOURNETT’s gross negligence, then YOURNETT shall not be liable for any loss, claims or expenses of any kind. Notwithstanding the above, YOURNETT shall not be liable for loss, claims or expenses of any kind which results from incorrect information which was supplied to YOURNETT or a User by a Consumer, a Vendor or third party.
  2. In the event that a User becomes aware of an error on the Online Platform, the User should bring it to YOURNETT’s attention by way of email to support@yournett.com.

6. Linked Third-party Websites and Third-party Content

  1. YOURNETT may provide links to third-party websites on the Online Platform. These links may be provided to the User for convenience purposes only and YOURNETT does not endorse, nor does the inclusion of any link imply YOURNETT’s endorsement of those websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
  2. While YOURNETT tries to provide links only to reputable websites or online partners, YOURNETT cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of YOURNETT and YOURNETT is not responsible for and gives no warranties or makes no representations in respect of the privacy policies or practices of linked or any third-party or advertised websites or the content thereof, on the Online Platform.
  3. The User agrees that YOURNETT shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third-party linked websites on the Online Platform. Any dealings that the User may have with any linked websites, including advertisers, found on the website, are solely between the User and the third-party website and at the Users risk.

7. Online Registration

  1. In order to use the Services, or certain of them, You will be required to register on the Online Platform by creating Your profile and providing certain personal information.
  2. Registration and/or use of the YOURNETT Online Platform by You confirms Your acceptance of these Terms, which Terms shall apply as between YOURNETT and Yourself, as set out above.
  3. Registration on the Online Platform is free and does not oblige You to contract with any service provider for any services.
  4. Upon registration on the Online Platform You will be required to select a unique username and password, which will be encrypted and securely stored on our database. Users will be responsible for the safe storage of their usernames and passwords. YOURNETT accepts no liability for any damages suffered or losses incurred, resulting from the use of Your password by an unauthorised person. In this regard You represent and warrant that Your username and password shall (i) be used by You, and (ii) shall not be disclosed to any third party. A correct username and password shall be required to access certain Services.
  5. Should You suspect that Your account or Your password has been compromised, You should immediately inform YOURNETT to mitigate any losses which may occur therefrom. You will remain liable for Services requested even where there has been unlawful use of your account, unless such unlawful use has been caused by YOURNETT as a result of its negligence.

8. The Services Offered on the Online Platform

  1. YOURNETT lists 8 (eight) main categories of services deliverable by Vendors, each with a number of sub-categories (“skills”) of which Consumers may choose in respect of their personal requirements. These main categories include the following:
      8.1.1 graphic design;
      8.1.2 programming and tech;
      8.1.3 digital marketing;
      8.1.4 writing and language;
      8.1.5 video and animation;
      8.1.6 music and audio;
      8.1.7 business; and
      8.1.8 lifestyle.
  2.  The availability and use of a Vendor’s services shall be subject to the Vendor’s terms and conditions, which have not been reproduced herein or on the Online Platform. It shall be the Consumer’s responsibility to understand and accept those terms and conditions of use prior to contracting with a Vendor for services.
  3. The Users acknowledge that YOURNETT has no control over the information supplied, or quality thereof, and accordingly gives no undertakings or guarantees as to the accuracy of the information provided.
  4. A Vendor which is contracted by a Consumer through the Online Platform, should not be regarded as an unconditionally endorsed Vendor and the Consumer shall be required to conduct its own due diligence investigation to determine the appropriateness of the services in relation to the Consumer’s requirements.
  5. YOURNETT gives no warranties or guarantees to Consumers whatsoever in respect of the Vendors, their conduct, their services, the fitness of their services for the Consumer’s purpose or requirements and otherwise.
  6. Consumers shall subsequently engage Vendors via the Online Platform through the processes provided on the Platform and shall do so at their own risk.

9. Legal Relationship between Consumers, Vendors and YourNett

  1. YOURNETT’s legal relationship with Consumers is limited to the Services it offers directly to Consumers via the Online Platform, including the use of the Online Platform to post a job and contract with Vendors.
  2. YOURNETT’s legal relationship with a Vendor is limited to that of an independent service provider, whereby YOURNETT offers the Service which allows a Vendor to bid on a job posted by a Consumer on the Online Platform.
  3. The Vendor’s services are ultimately supplied by the relevant Vendor to Consumers directly, independently of YOURNETT and the Consumer and the Vendor shall contract on their own separate terms, including, inter alia, the service deliverable, the service fees, and a timeframe. The Vendor shall have a direct legal relationship with the Consumer in respect of the provision of services provided by it to the Consumer and shall be solely responsible to the Consumer for the delivery of those services and the rights and obligations attaching thereto to the exclusion of YOURNETT. YOURNETT shall have no obligations to a Consumer, whatsoever, in respect of the delivery of services by the Vendor to the Consumer and shall not be party to any agreement between the Vendor and the relevant Consumer. Accordingly, YOURNETT accepts no legal responsibility for any obligations in respect of such provision of services, nor for the actions of the Vendor vis-à-vis a Consumer, whatsoever.
  4. YOURNETT’s legal involvement in the relationship between a Vendor and a Consumer who contracts the Vendor for services, shall be that of an independent “broker” facilitating the introduction of Vendor to the Consumer with a view to the Consumer contracting the Vendor for services independently of YOURNETT.
  5. It is specifically recorded that each Vendor shall be responsible for the payment of its own VAT (in respect of Vendors that are VAT registered) to its relevant collector of revenue from time to time, as well as its own income tax.

10. Usage Restrictions of the Online Platform

  1. The Services provided by the Online Platform have been set out in these Terms.
  2. The User shall be entitled to utilise the Online Platform and the Services for the ordinary purpose for which they were created and shall refrain from (a) attempting to copy any of the source code of the Online Platform or attempt to determine any of the architecture thereof, (b) attempting to change any source code of the Online Platform, (c) providing access to access restricted parts of the Online Platform to unauthorised users, (d) posting or transmitting or uploading, by means of reviews, comments, suggestions, ideas, questions or other information through the Online Platform, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

11. The Price and Payment for Services

  1. When a job is posted by a Consumer, the Consumer shall be required to list the price that it is willing to pay for the services it requires from a Vendor.
  2. When a Vendor bids on a job posted by a Consumer, the Vendor will be able to see the Consumer’s suggested price for the services, and the Consumer and Vendor shall subsequently deal with each other directly, but strictly through the Online Platform, and the parties shall be able to negotiate the service fee and set the price thereof prior to contracting and delivery of the services required by the Consumer.
  3. All prices displayed on the Online Platform or as quoted, are in American Dollars, excluding Value Added Tax, (“VAT”), unless otherwise specified.
  4. The agreed upon service fee shall exclude the independent online payment system’s fixed deposit fee, which shall be equal to 6% (six percent) of the service fee for which the Consumer shall be liable in addition to the agreed service fee.
  5. The service fee shall include and be subject to commission payable to YOURNETT for its Services on the Online Platform, which commission fee shall be equal to 15% (fifteen percent) of the service fee as agreed between the Consumer and the Vendor.
  6. Payment for the Vendor’s services (along with the forementioned fixed deposit fee) shall be made to YOURNETT through PayPal (“the independent online payment system”) by the Consumer to finalise contracting with the Vendor, which shall constitute the Vendor’s milestone on the independent online payment system, to be released to the Vendor on completion of its services rendered to the Consumer.
  7. On the date and time as set by the Consumer for completion of the services delivered by the Vendor on the Online Platform, the Consumer shall have 48 (fourty-eight) hours to review such services and/or lodge a dispute in respect thereof, whereafter the milestone created shall be released to the Vendor, upon which date and time automated payment shall be made to the Vendor.
  8. YOURNETT’s commission fee shall be deducted from the Vendor’s service fee automatically by way of set-off and YOURNETT shall issue invoices to a Vendor upon release of each milestone, setting out the relevant service charges applicable in respect of such transaction and the commission that was deducted therefrom.
  9. A certificate signed by a director of YOURNETT as to the amount of the Consumer’s indebtedness hereunder shall be prima facie evidence of the amount of indebtedness shown in that certificate and shall be binding on the Consumer for all purposes, including for use in any court proceedings.
  10. If the Vendor disputes any invoice, it shall immediately notify YOURNETT in writing. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. YOURNETT shall provide all such evidence as may be reasonably necessary to verify the disputed invoice. If no notice of dispute has been received by the Vendor within 5 (five) business days of the issue of an invoice, the Vendor will be deemed to have accepted and approved the invoice and shall be estopped from disputing same thereafter.
  11. PACKAGES ON THE ONLINE PLATFORM:
    The online platform has the following 3 (three) packages to which the User may subscribe:

    1. The Complimentary Package:
      This package will be free to use for the period of 1 (one) month after a Vendor or Consumer has subscribed to the Online Platform. The User shall be granted 8 (eight) job postings in respect of Consumers and 8 (eight) bids on posted jobs in respect of Vendors. After the said period, Users will be required to upgrade to one of the 3 (three) paid packages herein below, should they wish to continue using the Online Platform.

    2. The Standard Package:
      Subscription to this package shall bear a fee 1 (one) Dollar per month, which shall be payable by the User on the first day of every month, monthly in advance. Job posting shall be unlimited for Consumers, whereas Vendors shall be allowed to bid on a maximum of 30 (thirty) posted jobs per month.

    3. The Premium Package:
      Subscription to this package shall bear a fee of 3 (three) Dollars for each period of 6 (six) months, which shall be payable by the User on the first day of the said period, in advance. Job posting shall be unlimited for Consumers, whereas Vendors shall be allowed to bid on a maximum of 100 (one hundred) posted jobs per month.

    4. The Platinum Package:
      This package shall have an annual subscription fee of 30 (thirty) Dollars, payable on date of subscription by a User. Job posting shall be unlimited for Consumers, whereas Vendors shall be allowed to bid on a maximum of 500 (five hundred) posted jobs per month.

  12. Promos: 

    The Online Platform offers promos to Consumers that need urgent service delivery by a Vendor. Using promos allows a Consumer to prioritise its job postings, with the effect that its posted job/s shall be posted on the first page/s of the Online Platform where Vendors select posted jobs to bid on.
    Consumers may select one of the following promo options:
    11.12.1 a promo for 1 (one) job posted at a fee of 5 (five) Dollars; or
    11.12.2 a promo for 10 (ten) jobs posted at a fee of 10 (ten) Dollars.

12. Security

  1. In order to ensure the security and reliable operation of the Services to all Users, YOURNETT hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications relating to the Online Platform.
  2. A User may not utilise the Online Platform in any manner which may compromise the security of YOURNETT’s networks or tamper with the Online Platform in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Online Platform, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Online Platform, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be criminally prosecuted. Further, should YOURNETT suffer any damage or loss, civil damages may be claimed by YOURNETT from the User.
  3. Any User who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) of South Africa, (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by YOURNETT and its affiliates, agents and/or partners.
  4. YOURNETT does not guarantee that the Online Platform does not contain viruses however, YOURNETT has reasonable virus protection in place. The User must ensure that it has its own virus protection in place.

13. Uptime of the Online Platform

  1. YOURNETT undertakes that the Online Platform will be operational to such an extent that Users have the ability to access the Online Platform for a minimum of 97% of the time.
  2. YOURNETT shall not be liable for any interruption to the ordering and other services offered on its Online Platform caused by scheduled or unscheduled downtime.
  3. YOURNETT may suspend any User’s registration and use of the Online Platform for any reason, including their breach of any of these Terms or cases of suspected fraud. YOURNETT shall not be liable to any such User in respect of their inability to use the Online Platform, it being agreed that the right of access to the Online Platform is reserved.

14. Updates of the Online Platform

  1. YOURNETT shall be entitled to implement updates to the Online Platform, without notice to the Users. All updates shall run in a manner so as to minimise the effect on the Users thereof. An update may, from time to time, however, have a temporary effect on the use of the Online Platform which is reasonable and necessary and for which YOURNETT shall not be liable to the Users whatsoever.
  2. YOURNETT shall be entitled to modify any information on the Online Platform from time to time and without notice to the Users.

15. Support Relating to the Online Platform

  1. YOURNETT shall provide technical support regarding the functionality of the Online Platform.
  2. For first line technical support, please contact support@yournett.com. First line support shall be offered during office hours on business days. Support queries shall be logged by email to. Queries will be triaged and acknowledged within 72 (seventy-two) hours. Technical support will be delivered in line with the service levels contained in the table below: 

 

Severity  

Definition 

Service level response and times

1

Critical severity failures: An error in, or failure of, the software that results in a complete outage of the Services or critical function, including function unusable for a majority of users, no work around.

Technicians will work continuously to resolve the incident using all reasonable endeavours to work 7 (seven) days per week until the problem is resolved, or a mutually agreed plan of action is defined.

2

Medium severity failures: a key function of the Software is not working, no workaround.

Technicians will work continuously during business hours to resolve the incident. The incident will be resolved as appropriate in a release, service pack or update.

3

Low severity failures: minor issues causing limited inconvenience, workaround available.

Technicians will work during business hours to resolve the incident with due diligence as part of the normal software development cycle. The incident will be resolved in a future upgrade.

16. Support Relating to a Vendor's Services

All requests for support in relation to a Vendor’s services must be directed to YOURNETT, which will facilitate the logging of support matters to be provided by the relevant Vendor. YOURNETT will not be liable to and shall not offer any support services to a Consumer in respect of a Vendor’s service, otherwise than set out herein.

17. Complaints

To report service which did not meet Your expectations or to lodge any complaints kindly contact our Admin by email  complaints@yournett.com.

18. Warranties

  1. YOURNETT does not and cannot provide any warranties or guarantees in respect of Vendors’ services listed on the Online Platform and such services shall carry the Vendors’ warranties and guarantees only.
  2. YOURNETT offers no warranties or guarantees, implied or otherwise, to the User, in respect of the Services that it offers to the User, other than those listed in these Terms. YOURNETT specifically makes no warranty or representation as to the availability, accuracy, or completeness of the content of the Online Platform or the functionality of the software thereon.
  3. The User warrants that it will not in any way use the Online Platform to distribute material which breaches the use provisions of these Terms.

19. Limitations of Liability

  1. The User’s use of the Online Platform is entirely at its own risk and the User assumes full responsibility and risk of loss resulting therefrom, unless otherwise stipulated in this clause.
  2. The transmission of information via the internet is susceptible to monitoring and interception. Whilst YOURNETT shall take all reasonable steps to ensure the secure operation and protection of data, the User bears all risk of transmitting information in this manner. Under no circumstances shall YOURNETT be liable for any loss, harm, or damage suffered by a User as a result thereof, unless otherwise expressly provided herein.
  3. YOURNETT shall not be responsible to any Consumer whatsoever in respect of the use of any Vendors’ services, or in respect of the conduct of a Vendor in relation to the Consumer. YOURNETT shall not be responsible to a Vendor in respect of the conduct of a Consumer in relation to the Vendor.
  4. Notwithstanding any other provision of these Terms, YOURNETT shall not be liable to Consumers or Vendors, or any other person for any actual and/or contingent losses, claims, liabilities, damages, costs or expenses of any nature whatsoever in respect of the use of a Vendor’s services by a Consumer and the Users shall indemnify YOURNETT and its affiliates against all claims for losses, liabilities, damages, costs (including, without limitation, legal costs on the scale as between attorney and own client and any additional legal costs) and expenses of any nature whatsoever which YOURNETT or its affiliates may suffer or incur as a result of or in connection with the provision of the Vendor’s services by a Vendor to a Consumer.
  5. Neither YOURNETT, nor its affiliates nor any of its officers, contracted employees, directors or employees shall be liable to Users or any other person for any actual and/or contingent losses, claims, liabilities, damages, costs or expenses of any nature whatsoever, which the User or any other person may suffer or incur as a result of or in connection with the use of or access to the Online Platform, the content thereof, the use or content of any third-party linked website, the functionality of the Online Platform or the performance or rendering of the Services (including any act or omission) by YOURNETT, except by reason of and to the extent of the gross negligence and/or wilful misconduct or fraud on the part of YOURNETT.
  6. The Users agree that the sole and exclusive maximum liability arising from any Services provided by YOURNETT on the Online Platform shall be the price of those Services in the three-month period ending immediately prior to the event giving rise to such liability.
  7. Under no circumstances shall YOURNETT, its officers or other representatives be held liable for direct, indirect, special, incidental or consequential damages, including but not limited to harm to any property arising out of the inability to use or access the Online Platform.
  8. The Users hereby unconditionally and irrevocably indemnify YOURNETT and agree to hold YOURNETT free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by YOURNETT or instituted against YOURNETT as a direct or indirect result of (i) the User’s use of the Online Platform (ii) software, programs and support services supplied by, obtained by or modified by the User or any third party without the consent or knowledge of YOURNETT, (iii) the User’s failure to comply with any of these Terms or any other requirements which YOURNETT may impose from time to time (iv) the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software or, (v) any unavailability of, or interruption in, the Services which is beyond the control of YOURNETT.

20. Intellectual Property

  1. All of the intellectual property relating to the Online Platform, including the source code, concepts, designs, pricing structures, business model, logos, methods, services, algorithms, graphics, icons, agreements with Vendors and other third-party service providers and other intellectual property, together with the content on the Online Platform, constitutes intellectual property to YOURNETT and is owned by YOURNETT or licensed to YOURNETT.
  2. This Online Platform is owned and operated by YOURNETT. All items appearing on the Online Platform are the sole property of YOURNETT or licensed to YOURNETT. Nothing relating to the Online Platform may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the express written permission of YOURNETT or in the ordinary course of using the Online Platform and the Services as they were intended by YOURNETT. All rights not expressly granted herein are reserved.
  3. YOURNETT, by allowing access to and use of the Online Platform, grants the Users a license to do so.
  4. YOURNETT has the right to restrict access to and use of the Online Platform for any User at any time resulting from any breaches of the Terms hereof or for any other reason in order to protect its rights herein. Any unauthorized use of the Online Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
  5. All intellectual property rights which form part of the Online Platform are owned by YOURNETT. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Online Platform as well as the database are the sole property of YOURNETT.
  6. No Users shall have a right, title or interest in the Online Platform.

21. Non-Compete, Non-Circumvent, Confidentiality

  1. The User acknowledges that the Online Platform, its content and all intellectual property related thereto, constitutes a proprietary interest vesting in YOURNETT which has been developed at great costs and is confidential in nature.
  2. The Users agree that by reason of its association with YOURNETT and use of the Online Platform that they will acquire knowledge of the Online Platform and the business model and should the User disclose such information or any other information which is confidential information or information which the User should reasonably have considered to be confidential, to third parties or use the confidential information in a manner which competes with YOURNETT or circumvents this agreement with YOURNETT, that YOURNETT could suffer considerable harm and/or damages.
  3. Accordingly, the User undertakes to refrain from (a) any disclosure of any confidential information of YOURNETT, (b) any actions which will amount to competition with YOURNETT, (c) any actions aimed at circumventing this agreement, (d) any use of the Online Platform other than the use for which it is made available.
  4. Furthermore, Consumers and Vendors who contract with one another by using the Online Platform shall be bound to contract with those Vendors exclusively via the Online Platform and via YOURNETT as broker, it being agreed that YOURNETT shall be the effective cause of the introduction between a Vendor and a Consumer following their introduction using the Online Platform. Should the Consumer circumvent these Terms and contract the relevant Vendor directly, after the introduction through the Online Platform, it shall be liable to YOURNETT for the damages and losses incurred as a result, including legal costs on the scale as between attorney and own client and any additional legal costs.
  5. Should a User, or any of its employees or agents, breach the abovementioned provisions, then the User shall be liable to YOURNETT for the damages and losses incurred as a result, including legal costs on the scale as between attorney and own client and any additional legal costs. In addition, YOURNETT shall be entitled to approach a court for urgent relief, including injunction.

22. Country of Domicile and Proper Law & Jurisdiction

  1. This website is governed by the laws of South Africa and YOURNETT chooses as its domicilium citandi et executandi for all purposes under these terms, whether in respect of court process, notice, or other documents or communication of whatsoever nature the addresses and contact details set out in clause 1 these Terms.
  2. These Terms are subject to the law of the Republic of South Africa. The User consents to the jurisdiction of the Magistrate’s Court with territorial jurisdiction, in respect of any action arising here from, notwithstanding the amount of that claim. Nothing prevents either party to bring action in another appropriate court or forum, including a forum set out in the CPA.

23. Force Majeure

YOURNETT shall be entitled to suspend access to the Online Platform (without liability) in the event that YOURNETT’s performance is hindered or prevented by strikes or other trade disputes, riots, war (declared or undeclared), acts of civil insurrection, fire, flood, pandemic, (such as COVID-19, any resulting government lockdown), accident or other cause beyond the control of YOURNETT preventing it from performing.

24. Miscellaneous

  1. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining terms.
  2. These Terms constitute the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by YOURNETT to You shall not be construed as a waiver or variation of any of our rights or remedies.

25. Cookies Policy

  1. The Online Platform makes use of “cookies” to automatically collect information and data through the standard operation of the internet servers. “Cookies” are small text files an Online Platform can use (and which We may use) to recognise repeat users, facilitate the user’s on-going access to and use of an Online Platform and allow an Online Platform to track usage behaviour and compile aggregate data that will allow the Online Platform operator to improve the functionality of the Online Platform and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify You. If You do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows You to deny or accept the cookie feature. Please note that cookies may be necessary to provide You with certain features available on the Online Platform, and thus if You disable the cookies on Your browser You may not be able to use those features, and Your access to our Online Platform will therefore be limited.
  2. If You do not disable “cookies”, You are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.
  3. To the extent that these Terms or the Online Platform contains references to other Online Platforms, outside of YOURNETT’s control, YOURNETT is not responsible for the practices and policies, privacy, cookies and otherwise, of those third parties.

26. Business Information

  1. Full name: Yournett (Pty) Ltd;
  2. Registration number: 2020/936670/07;
  3. Main business: the provision of an online platform comprising a marketplace where vendors and consumers can be introduced and contract for services.
  4. Office bearer: Kacey Binder (CEO)
  5. Official email address: info@yournett.com
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