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Terms of Use and Service

Last updated: November 3, 2021

By using Curnance's Software and initiating bank deposits or withdrawals the Client agrees to this Agreement and will comply with these terms[cite: 10]. IT IS THE CLIENT'S RESPONSIBILITY TO READ AND UNDERSTAND THIS AGREEMENT[cite: 11].

1. Definitions

Account

means a user profile which the Client creates on Curnance's website or mobile application.

Agreement

means the terms and conditions contained in this document.

Client

means a person who creates an Account with Curnance.

Client Data

means any data, file attachments, text, images, reports, Personal Information or any other content, that is uploaded, submitted, transmitted or otherwise made available to Curnance in terms of this Agreement.

Confidential Information

means all proprietary information as set out in clause 16.6 below.

Content

means any data, code, file attachments, text, image, report, Personal Information or any other information that is uploaded or linked to Curnance's Software.

Credit Percentage

means the Monthly Subscription Fee multiplied by the relevant credit percentage indicated at clause 5.3 below.

Curnance

means Curnance Proprietary Limited, registration number 2021/688152/07, a private limited liability company duly incorporated in the Republic of South Africa.

Error

means any incorrect functioning of the Service which results in the failure of the Service to operate in compliance with its represented functionalities.

Intellectual Property Rights

means copyright, trademarks, patent rights, trade secrets, and any other proprietary rights.

Monthly Subscription Fee

means the monthly subscription fee payable by the Client to Curnance on the first day of each month from the date on which a paid Account is created. The monthly subscription fee is payable in full at the rate set out on Curnance's website to mobile application, which you accept by creating an Account.

Monthly Invoice

means the statement provided by Curnance to the Client for rendering the Services.

Parties

means the parties to this Agreement, and Party means either one of them.

Personal Information

means information personal to the Client, which may include, but is not limited to the Client's name, address, date of birth, government-issued identification number and document copy, photographs of yourself, utility bill and other verification documents required by Curnance from time to time, location information, including GPS technology and IP address, and transactional information of inflow and outflow of payments on the Software.

Profile

means the Client's Personal Information provided to Curnance during the Client's creation of her Account.

Services

means the services to be provided by Curnance to the Client in terms of clause 4.3 of this Agreement.

Software

means the programs, online currency platform, digital wallet and other operating information tools and platforms provided by Curnance to the Client in terms of this Agreement.

Start Date

means the date and time on which the Client created an Account.

User

means the Client or individual which gains access to the Software and Services through the Client's use of Curnance's software.

2. Key Interpretation

business day

means any day other than a Saturday, Sunday or public holiday in South Africa or as gazetted by the government of the Republic of South Africa from time to time.

business hours

means the hours from 08h30 to 17h30 South African Standard Time on any business day.

days

means any calendar day.

person

means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality.

week

means the working calendar week, starting on Monday and ending on Friday.

writing/written

means legible writing in English and includes any form of electronic communication including emails and facsimiles, however this excludes any form of electronic communication over WhatsApp or any social media platform.

3. General Interpretation

3.1

Interpretation of this Agreement: Unless otherwise provided, defined terms appearing in this Agreement in title 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.

3.2

Calculation of days: 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.

3.3

Due dates for performance: If the due date for performance of any obligation in terms of this Agreement 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 succeeding business day.

3.4

Equal treatment: The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply.

4. Introduction

4.1

Curnance is a financial technology services company that provides ease of exchange and withdrawal of currency and other exchange instruments for the African and Global market[cite: 5].

4.2

The Client, the creation of an Account, accepts that Curnance will render the Services to the Client per the terms of this Agreement[cite: 6].

5. Appointment as Service Provider

5.1

With effect from the Start Date and subject to the terms of this Agreement, the Client is granted access to Curnance's Software and will be provided with the Services in terms of this Agreement[cite: 7]. Curnance is also appointed as a service provider to the Client subject to the terms of this Agreement[cite: 8]. No partnership, joint venture or formal entity is created by this Agreement[cite: 9].

5.2

By using Curnance's Software and initiating bank deposits or withdrawals the Client agrees to this Agreement and will comply with these terms[cite: 10]. IT IS THE CLIENT'S RESPONSIBILITY TO READ AND UNDERSTAND THIS AGREEMENT[cite: 11].

6. Term and Termination

6.1

Term: This Agreement shall be effective so long as the Client's Account remains active[cite: 12].

6.2

Termination at instance of Client: This Agreement may be terminated by the Client by the Client suspending or deleting her Account[cite: 13].

6.3

Termination at the instance of Curnance: This Agreement may be terminated on notice by Curnance by Curnance delivering a termination notice to the Client, addressed to the Client's contact email or address set out on its Profile[cite: 14].

6.4

Termination at the instance of a breach of this Agreement: Either Party may terminate this Agreement in terms of clause 9 of this Agreement[cite: 15].

7. Terms of Use

7.1

Access and Use Rights: Subject to the terms and conditions of this Agreement, and the Client's compliance with such terms and conditions, Curnance grants the Client a limited, global, non-transferable, non-exclusive right to access and use the Software for the duration of the term of this Agreement[cite: 16].

7.2

Updates or discontinuation of the Software and Service: The Client agrees that its decision to subscribe to the Software is not contingent on the delivery of any future functional features, or dependant on any oral or written comment by Curnance regarding the future functional features of the Software[cite: 17]. The Client further acknowledges that Curnance may in its sole discretion and without prior notice, update the Software and Services contemplated in this Agreement from time to time[cite: 18].

7.3

Services offered to the Client: As part of ensuring the Client's successful use and benefit of the Software, Curnance shall provide the following Services to the Client for as long as this Agreement remains binding between the Parties[cite: 19]:

  • Curnance shall ensure that the Client's Data is backed-up every 30 minutes so long as this Agreement is active[cite: 20]; and
  • Curnance shall provide technical support to the Client during business hours by means of electronic mail[cite: 21].
7.4

Use Restrictions: The Client or an Affiliate or User or any third party may not under any circumstances[cite: 22]:

  • use the Software in any other manner save as provided for in this Agreement[cite: 23];
  • copy, modify, host, stream, license, sublicense, or resell the Software[cite: 24];
  • give, sell, rent, lease, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute the Service or any portion thereof[cite: 25];
  • enable or allow other entities to use the Software using your account information[cite: 26];
  • offer, use, or permit the use of the Services or Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party[cite: 27];
  • use the Software to construct any kind of database or dataset or code[cite: 28];
  • access or attempt to access the Software by any means other than the interface we provide or authorize[cite: 29];
  • circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software[cite: 30];
  • share the Content or otherwise engage in behaviour that violates Curnance's Intellectual Property Rights[cite: 31];
  • share or upload any Content that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, vulgar, lewd, profane, invasive of another's privacy, hateful, or otherwise objectionable[cite: 32];
  • attempt to disable, hack, impair, or destroy the Services or Software[cite: 33];
  • upload, transmit, store, or make available any Content, or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Software[cite: 34];
  • disrupt, interfere with, or inhibit any other User from using the Services or Software (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm)[cite: 35];
  • engage in chain letters, junk mails, pyramid schemes, phishing, spamming, fraudulent activities, or other unsolicited messages[cite: 36];
  • place an advertisement of any products or services in the Services except with Curnance's prior written approval[cite: 37];
  • use any data mining or similar data gathering and extraction methods in connection with the Services or Software, including data scraping for machine learning or other purposes[cite: 38];
  • artificially manipulate or disrupt the Services or Software;
  • in the context of this Agreement, violate any applicable law whatsoever[cite: 39].
7.5

No Modifications or Reverse Engineering: Except as expressly permitted in this Agreement, the Client may not:

  • modify, port, adapt, or translate any portion of the Services or Software[cite: 40];
  • reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software[cite: 41]; or
  • take any action that imposes or may impose (at Curnance's sole discretion) an unreasonable or disproportionately large load or software load on Curnance's infrastructure that supports Curnance's Software or Service.

8. Service Uptime

8.1

Curnance shall ensure a 99.9% uptime rate of the Services with support being provided to the Client via the following avenues (Immediate Support Avenues)[cite: 42]:

  • Internal System Support will be by means of a frequently asked questions page and troubleshoot manual[cite: 43].
  • Online Support will be by means on an online communication system on the Curnance website[cite: 44].
8.2

Where the Client experiences an Error and has exhausted the Immediate Support Avenues, the Client may contact Curnance by email logging an Error report[cite: 45]. Depending on the severity of the Error, the following criteria shall apply to addressing a Client's issue related to the Service:

  • Serious - response within 1 hour: The Service is completely unavailable[cite: 46].
  • High - response within 24 hours: There are some major functionality Errors with the Service which significantly inhibits the ability of the Client to utilise the Software[cite: 47].
  • Low - response within 48 hours: There is a minor issue or bug affecting the efficient operation of the Service which affects the Client's use of the Software[cite: 48].
8.3

Only where the Client is not in breach of this Agreement, as a remedy for Curnance's Service not being available as a result of an Error after the Client has exhausted Curnance's support avenues mentioned at clauses 8.1 and 8.2 as defined above, Curnance shall credit Client with the applicable Credit Percentage in accordance with the percentages below:

  • Less than 99.9% but greater than or equal to 98% - 5%
  • Less than 98% but greater than or equal to 95% - 10%
  • Less than 95% but greater than or equal to 90% - 15%
  • Less than 90% but greater than or equal to 80% - 20%
  • Less than 80% - 30%
8.4

Once Curnance has confirmed in writing to the Client the applicable Credit Percentage to be applied as a direct result of an Error, the Credit Percentage will be set off the Client's immediately following invoice[cite: 49, 50].

9. Data Collection and Data Privacy

9.1

Client Data Processing: The Client retains all rights, title, interest and control, in and to the Client Data in the form it was submitted to Curnance[cite: 51]. Subject to the Agreement, the Client grants Curnance the right to make use of aggregated data derived from Curnance's Software[cite: 52]. Such aggregated data will be used on an anonymous basis and shall only relate to aggregated or average statistics based on key metrices as determined by Curnance[cite: 53].

9.2

The Client further gives Curnance the right to access the Client's Data[cite: 54]. The Client grants Curnance this right for the following purposes:

  • to maintain and provide the Services and Software to the Client[cite: 55];
  • to prevent or address technical or security issues and resolve support requests[cite: 56];
  • to investigate when Curnance has a good faith belief that the Client Data is in violation of this Agreement[cite: 57];
  • to comply with a valid legal subpoena, request, or other lawful process; and
  • as expressly permitted in writing by the Client[cite: 58].
9.3

Upon termination of this Agreement, it is the responsibility of the Client to remove or export its Client Data from the Software within 5 business days[cite: 59]. The Client will no longer be able to access its data through Curnance's Software thereafter[cite: 60]. If the Client is unable to remove or download the data, the Client may request Curnance to export the relevant Data and provide it to the Client at an additional fee[cite: 61].

9.4

By entering into this agreement, the Client consents to Curnance collecting and processing its personal information and acknowledges that it is aware of all its rights under relevant legislation related to the protection of personal information[cite: 62].

10. Intellectual Property Rights

10.1

Curnance's Intellectual Property relates to: the Service and Software of Curnance, inclusive of materials, such as the Content, application programming interface, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks, any and all related or underlying technology, software codes and process methodology, user interface and any modifications, enhancements or derivative works of the foregoing (collectively: Curnance IP), are the property of Curnance and may be protected by applicable copyright or other intellectual property laws and treaties[cite: 63]. As between the Client and Curnance, Curnance retains all right, title and interest, including all intellectual property rights, in and to the Curnance IP[cite: 64].

10.2

Client Reference: The Client hereby grants Curnance the right to use Client's name and logo to identify Client as a User or Client of Curnance or the Software on Curnance's website, marketing materials or public announcements[cite: 65].

11. Limitation of Liability and Indemnity

11.1

Limitation of Liability | Curnance's liability in terms of this Agreement shall be limited to the following:

  • Curnance will not be held liable by the Client for any damages regardless of cause, including losses and damages resulting from loss of use, data, reputation, revenue or profits and arising out of or in connection with the Client's use of or access to the Services or Software[cite: 66].
  • Curnance's total liability in any matter arising out of or related to the Agreement is limited to the aggregate amount that the Client has paid for access to the Software during the 12-month period preceding the event giving rise to the liability[cite: 67].
11.2

Indemnification of Curnance | The Client hereby indemnifies Curnance and holds Curnance harmless against all and any claims which may at any time be made against Curnance in respect of any loss, claim or damage which the Client may incur as a result of any of the Client's conduct or omission whatsoever[cite: 68].

12. Breach and Dispute Resolution

12.1

If a Party (Defaulting Party) commits any breach of this Agreement the following provisions apply:

  • The Defaulting Party must remedy such breach within 14 (fourteen) business days (Notice Period) of written notice given by the innocent party (Aggrieved Party) requiring the breach to be remedied by the Defaulting Party (1st Tier);
  • should the Defaulting Party fail to remedy the breach within the Notice Period, contemplated in the 1st Tier, then the Aggrieved Party will be entitled to require a senior member of each Party to meet within 14 (fourteen) business days, by delivering to the Defaulting Party written notice of such meeting, detailing the time and place of the meeting (Meeting Notice) in order to resolve the dispute within a reasonable time relative to the severity and substance of the dispute (2nd Tier)[cite: 69].
12.2

Should the Parties not be able to resolve the dispute notwithstanding exhausting the 1st Tier and the 2nd Tier, the Aggrieved Party will be entitled to[cite: 70]:

  • claim immediate specific performance of any of the Defaulting Party's obligations under this Agreement, with or without claiming damages, whether or not such obligation has fallen due for performance and to require the Defaulting Party to provide security to the satisfaction of the Aggrieved Party for the Defaulting Party's obligations[cite: 71]; or
  • to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the Defaulting Party (Cancellation Notice), and the cancellation shall take effect on the delivery of the Cancellation Notice[cite: 72].
12.3

Neither Party shall be entitled to cancel this Agreement unless the breach is a material breach[cite: 73]. A breach will be deemed to be a material breach if:-

  • it is capable of being remedied, but is not remedied subsequent to the exhausting the 1st Tier and the 2nd Tier[cite: 74]; or
  • only after the 1st Tier is exhausted, the breach is practically incapable of being remedied and payment in money would be sufficient compensation for such breach and such payment was not forthcoming[cite: 75].
12.4

The Aggrieved Party's remedies in terms of this clause are without prejudice to any other remedies which the Aggrieved Party may be entitled to in law[cite: 76].

13. Force Majeure

13.1

No Party shall be liable to the other for its failure to perform, the defective performance or any delay in performing any obligation in terms of this Agreement in the event and to the extent that such failure or delay is caused by force majeure[cite: 77].

13.2

For the purpose of this Agreement "force majeure" shall mean any circumstance which is beyond the reasonable control of the Party giving notice of force majeure (Affected Party) and for which it is not responsible[cite: 78].

13.3

A "force majeure" event shall include but is not limited to any law which comes into operation subsequent to the consent of this Agreement (which law critically affects any aspect or matter or issue contained in this Agreement), strikes (whether legal, illegal or in sympathy) on the part of all or any employees of either Party (or their respective sub-contractors if applicable), all war (whether declared or not), revolution, invasion, insurrection, riot, civil commotion, mob violence, sabotage, blockade, embargo, boycott, the exercise of military or usurped power, fire, explosion, theft, storm, flood, rain, drought, wind, lightning, or any other adverse weather condition, loss of electric supply from the national, state, or municipal grids[cite: 79], loss of water supply from national, state, or municipal supply lines, epidemic, quarantine, major accident, acts or restraints of government imposition, or restrictions or embargos on imports or exports[cite: 80].

13.4

Notwithstanding the provisions of clause 13.2, the inability to meet any payment obligation of this Agreement due to a lack of funds shall in no circumstances be treated as an event of force majeure[cite: 81].

13.5

In the event of a force majeure event, the Affected Party shall, subject to clauses 13.1 and 13.6 -

  • give notice thereof to the other immediately upon the occurrence of an event of force majeure[cite: 82];
  • in such notice specify the nature, extent, effect and likely duration of the event or circumstance[cite: 83];
  • and keep the notified Party updated as may be reasonably required by the notified Party[cite: 84];
  • take all commercially reasonable action to remedy or minimise the consequences of such event (and report to the other Party)[cite: 85]; and
  • immediately resume performance of its obligations under this Agreement and notify the other Party when performance of the obligation becomes possible again[cite: 86].
13.6

If either Party (Excused Party) is excused by this clause 13 from the performance or punctual performance of any obligation for a continuous period of 60 days, the other Party may (but shall not be obliged to) at any time thereafter, and provided such performance or punctual performance is still excused, terminate this Agreement on 14 (fourteen) days written notice to the Excused Party[cite: 87, 88]. Should any dispute arise in connection with or as a result of such termination, such dispute shall be referred to dispute resolution in terms of clause 12[cite: 88].

14. Independent Advice and Benefit of this Agreement

14.1

Each of the Parties to this Agreement hereby acknowledges and agrees that it has been free to secure independent legal and other professional advice as to the nature and effect of all of the provisions of this Agreement and that it has either taken such independent advice or has dispensed with the necessity of doing so[cite: 89].

14.2

This Agreement will also be for the benefit of and be binding upon the successors in title and permitted assigns of the Parties or either of them[cite: 90].

15. Applicable Law and Jurisdiction

15.1

This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa[cite: 91].

15.2

Subject to clause 12, the Parties hereby consent and submit to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg in any dispute arising from or in connection with this Agreement[cite: 92].

16. General Warranties

16.1

Each of the Parties hereby warrants to and in favour of the other that -

  • it has the legal capacity and has taken all necessary corporate action required to empower and authorise it and the duly authorised natural persons consenting to this Agreement to enter into this Agreement[cite: 93];
  • this Agreement constitutes an agreement valid and binding on it and enforceable against it in accordance with its terms[cite: 94];
  • the execution of this Agreement and the performance of its obligations hereunder does not and shall not (i) contravene any law or regulation to which that Party is subject[cite: 95]; (ii) contravene any provision of that Party's constitutional documents; or (iii) conflict with or constitute a breach of any of the provisions of any other agreement, obligation, restriction or undertaking which is binding on it[cite: 96]; and
  • it is not relying upon any statement or representation by or on behalf of any other Party, except those expressly set forth in this Agreement[cite: 97].
16.2

Each of the representations and warranties given by the Parties in terms of clause 16.1 shall -

  • be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in this Agreement[cite: 98];
  • continue and remain in force notwithstanding the completion of any or all the transactions contemplated in this Agreement[cite: 99]; and
  • prima facie be deemed to be material and to be a material representation inducing the other Party to enter into this Agreement[cite: 100].

17. Client Warranties

17.1

The Client warrants and represents that it will not encourage others to upload, transmit or otherwise use in conjunction with the Service and Client Data or any User information that:

  • exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner[cite: 101];
  • infringes our or a third party's intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right[cite: 102];
  • is deceptive, fraudulent, illegal, obscene, defamatory, libellous, threatening, harmful, pornographic, indecent, harassing, hateful, or otherwise encouraging any illegal, tortious or inappropriate conduct[cite: 103]; or
  • attacks or otherwise unlawfully relates to others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition[cite: 104].

18. Curnance Services and Software Warranty Disclaimer

18.1

Notwithstanding the terms in this Agreement or any other terms to the contrary:

  • The Service and Software are provided on an 'as is', 'with all faults' and 'as available' basis, and without warranties of any kind[cite: 105]. Curnance disclaims any and all representation of any kind, including but not limited to, warranties and/or representations of merchantability, functionality, title, fitness for a particular purpose and non-infringement, whether express, implied or statutory[cite: 106].
  • Curnance and its vendors do not warrant the access to the Service and Software and do not warrant that the use thereof, will be uninterrupted, timely, secured, error-free, that data will not be lost, that defects will be corrected, or that the sites and/or service are free from viruses or other harmful code[cite: 107].
  • Curnance further disclaims, and the Client agrees to hold Curnance harmless in relation to, any and all liability or responsibility for any delays, failures, interceptions, alterations, loss or other damages that the Client and/or the Client's Data may suffer, that is beyond Curnance's control[cite: 108].

19. General

19.1

Whole Agreement | This Agreement and its annexures constitute the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on either of the Parties[cite: 109].

19.2

Automatic Renewal | To ensure minimal disruption to the Client's use of the Software, this Agreement shall automatically renew on a monthly basis unless terminated in terms of clause 6. Accordingly, unless either Party terminates this Agreement Curnance will automatically charge the Client at the Monthly Subscription Fee[cite: 110].

19.3

Novation of Previous Agreements | This Agreement and its annexures (if any) hereby replace and substitute all previous agreements entered into between the Parties of the same substance and general content, and renders such previous agreements of no force nor effect[cite: 111].

19.4

Variations | Variations, additions, amendments or changes to this Agreement will be required from time to time which may relate to the addition of new functions or features to the Service, technical adjustments, typos or error fixing, for legal or regulatory reasons or for any other reasons as Curnance may deem necessary, at Curnance's sole discretion[cite: 112]. Such variations, amendments or changes to this Agreement may thus be made on by Curnance on notice to the Client[cite: 113]. The Client's continued use of the Service after the changes have been implemented will constitute the Client's acceptance of the amended Agreement[cite: 114].

19.5

Conflict between English version and translated versions | This Agreement may be translated into languages other than English for a client's convenience[cite: 115]. Should there be any conflict between the interpretation of the non-English version and this Agreement, this Agreement, which is in English, shall prevail[cite: 116].

19.6

Confidential Information | Proprietary information pertaining to a Party and its business, including but not limited to (i) all information that has commercial value and is not available to the public[cite: 117]; (ii) all information marked "confidential" or which is otherwise notified or identified as being confidential at the time of disclosure[cite: 118]; (iii) lists of all information relating to customers or prospective customers[cite: 119]; (iv) lists of or information relating to suppliers or prospective suppliers[cite: 120]; (v) information relating to the businesses of the other Party, including but not limited to administrative, financial, marketing and accounting activities, planning, operations, processes, strategies and business structures[cite: 121]; (vi) contractual relationships between customers, suppliers, business associates and other persons, including financial relationships[cite: 122]; (vii) markets or market areas within which the other Party operates or intends to operate[cite: 123]; (viii) executive staff and employee details, including but not limited to numbers, terms of employment, remuneration and incentive schemes[cite: 124].

19.7

Provisions Severable | All provisions and clauses of this Agreement are, notwithstanding the manner in which they are grouped together or linked grammatically, severable from each other[cite: 125]. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof[cite: 126]. The Parties further acknowledge that should the provisions of any annexures to this Agreement become outdated or replaced, the provisions of the rest of the Agreement will remain enforceable[cite: 127].

19.8

Continuing Effectiveness of Certain Provisions | The expiration or termination of this Agreement shall not affect provisions of this Agreement where it is expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this[cite: 128].

19.9

Consent | The Client agrees to these terms when creating an Account, the process of which requires the Client to check a box acknowledging her consent to this Agreement.

Questions about our Terms of Service?

For any questions or concerns regarding this Agreement, please reach out to us.

Contact us at [email protected]