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Business and accounting automation

Boost productivity, boost profits - get your life back!

TERMS AND CONDITIONS (T and C)

 

TERMS AND CONDITIONS OF THE USE OF OUR WEBSITE AND OUR SERVICES

A. WELCOME AND INTRODUCTION
1. Welcome to the website of LifeBack Proprietary Limited (Registration Number: 2013/041959/07), where we offer you a subscription based service aimed at assisting you with increasing the productivity and profitability of your business.
2. THESE TERMS AND CONDITIONS (“THESE T AND C”) ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THIS WEBSITE OR ANY PART OF IT IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002 (“the ECTA”).
3. BY ACCESSING THIS WEBSITE YOU ARE AGREEING TO THESE T AND C AS SET OUT ON THESE PAGES. THESE T AND C GOVERN YOUR USE OF OUR WEBSITE, SUBSCRIPTION TO OUR SERVICES WHERE APPLICABLE AS WELL AS YOUR OBLIGATIONS AND ALSO OURS. PLEASE READ THESE T AND C CAREFULLY BEFORE USING OUR WEBSITE, SUBSCRIBING TO OUR SERVICES OR PLACING AN ORDER WITH US. IF YOU DO NOT AGREE WITH THESE T AND C, THEN PLEASE IMMEDIATELY CEASE ALL USE OF AND ACCESS TO OUR WEBSITE, AND PLEASE LEAVE OUR WEBSITE NOW AS FURTHER USE OF AND ACCESS TO OUR WEBSITE WILL AUTOMATICALLY BIND YOU TO THESE T AND C.
4. The purpose of our website is to provide you with information about our services. The contents of our website may not be used for any other purpose.
5. We reserve for ourselves the right to change any of these T and C and the right to choose whether or not to make any changes and you agree that we do not need to notify you before making any changes. Your continued use of our website following any change shall signify your agreement with the T and C, however they may have been changed.
6. Subject to your compliance with these terms and conditions and your payment of any applicable amounts, we hereby grant to you a non-exclusive, limited licence to access and use our website subject to these T and C and to make personal and non-commercial use of our website. You agree that this licence is not restricted to you only and that we may grant it to other users as well. You acknowledge and agree that this right is non-transferable and that you cannot grant it to anyone else but rather that only you can use it. This license does not include any resale or commercial use of the content of our website or our services, any collection and use of any product listings, descriptions, or prices, any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these T and C are reserved and retained by us. No content of our website or our services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. The licences granted by us to you in terms of these T and C terminate if you do not comply with these T and C.
7. You confirm and agree that any and all intellectual property rights and other similar rights and interests in and to our website and our services shall remain solely our own property and that you shall not have any rights in this regard at all.
8. All of the content and data contained on our website and available through our services, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are our sole and exclusive property and as such are protected from infringement by local and international copyright and other law and treaties. All of our rights in this regard remain strictly reserved.
9. You may not access, display, use, download, and/or otherwise copy or distribute any of the content, data or information available on our website for marketing or other purposes without first obtaining our written consent.
10. You may not frame this site or any of the pages of our website or utilize framing techniques, in any way whatsoever. You may not use any meta tags or any other "hidden text" utilizingour name or our trademarks
11. You agree that you will not copy, sell, resell, duplicate, reproduce, or attempt in any way to profit from passing on information about our services, or any portion thereof, without first obtaining our written permission. This includes, but is not limited to, the design and content of all of the pages of our website, the links leading off from our website, and all Learning Management Systems and other modules accessed from our website.
12. You may not change, adapt, reverse engineer, or in any other way tamper with our website or our services or falsely claim that you have an association with us.
13. You may not impersonate another entity or person, provide inaccurate or misleading registration, payment, bank, credit card or any other information, or use a false email address. 
14. You agree that the laws and courts of the Republic of South Africa will govern and have jurisdiction over any action which may arise in respect of your use of this website and/or our services.
15 Our official address to which all documents, notices and legal processes can be delivered (being our chosen domicilium citandi et executandi), for all purposes under these T and C shall be our address within the Republic of South Africa as set out at the end of these T and C.
16. There are no costs involved in accessing our website. The charges for our services are detailed in B below.
17. Any dispute regarding:

17.1.   access to our website;

17.2.   the inability to access our website;

17.3.   our services;

17.4.   the content of our website; or

17.5.   these T and C

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitration shall be held in Sandton or Johannesburg in the Gauteng Province of the Republic of South African and in English. The arbitrator or arbitrators must be appointed by AFSA, it being recorded that the parties request AFSA to appoint a retired Judge of the High Court of South Africa as the arbitrator. The arbitration award shall be final and binding, and not subject to appeal. The unsuccessful party shall pay the costs of the successful party on a scale as between attorney and client. The expedited rules of the Arbitration Foundation of Southern Africa may be downloaded from the following website: http://www.arbitration.co.za . Arbitration will not apply in instances where urgent or interim relief is appropriate.

18.

By virtue of the provisions of section 42(2) of the ECTA, the cooling-off provisions of the Act do not apply to our website, to our services or to your purchase of our services.

   
B. ACCESS TO OUR SUBSCRIPTION SERVICES AND OUR PRICING
1. On our Home page you will find a button called “Memberships” which will lead you to the Comparison page. This page lists our different membership subscription categories and the services which we offer in each category. Scrolling over the Pricing button will bring up a window showing the monthly pricing for each category. The pricing is also dependent on the number of authorised users that you subscribe for.
2. The pricing shown on our website includes any South African Value Added Tax which may be payable or any other taxes or delivery charges.
3. Should we make a change to the pricing, you will be notified by email. The change will become effective on the 30th day of the month following the month in which the email notice was sent to you.
4. In order to subscribe to one of our membership subscription categories, you will need to register on our website via the Comparison page , select your membership level, fill in your registration details and confirm your acceptance of these T and C where asked to do so.
5. You will thereafter need to make payment with a credit card, or alternatively please email us at This email address is being protected from spambots. You need JavaScript enabled to view it. if you want to pay by way of Direct Debit.
6. You will be charged non-refundable subscription fees, each month in advance. The first payment will be deducted on the 30th day of the month in which your subscription was initially purchased.
7. As a subscriber to our services, you will be a party to a legally binding agreement with us (LifeBack Proprietary Limited, Registration Number: 2013/041959/07) in accordance with these T and C.
8. Individual subscribers will be required to provide us with a copy of their identification document bearing their full legal names and identification number, proof of their physical address, valid email address/es and computer IP identification.
9. In respect of each authorised user (for example partners, directors, authorised employees, temporary workers or contractors) of a corporate subscriber, we will require copies of all of their identification documents bearing their full legal names and identification numbers, proof of each authorised user’s physical address, valid email addresses and computer IP identification.  We will also require copies of the company registration documents, proof of physical address, a valid email address and computer IP identification for each corporate subscriber.
10. You further agree to provide us with any other information which we might reasonably require.
11. We will provide a specific user name and entry code for each individual subscriber and each authorised user of corporate subscribers. These user names and entry codes shall only be used by the authorised users to whom they are assigned, and shall not be shared with, or used by any other person, including other authorised users of the same corporate subscriber.
12. Each corporate subscriber shall nominate an administrator for that subscriber’s subscription service. The administrator will keep us informed, on a regular basis, of the current authorised users of that corporate subscriber. If any of the information required in terms of B9 above changes, the administrator will advise us of such change within three working days of the change.
13. Corporate subscribers are responsible for ensuring that their authorised users at all times comply with these T and C and will be held fully liable for any unauthorised usage of the services by their authorised users.
14. You are responsible for maintaining the confidentiality of your account, user name and entry code and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, user name and entry code.
15. By becoming a subscriber to our services, you will be granted a non-exclusive, non-transferable, limited licence to access and use our services.
16. Should you wish to cancel a subscription, no cancellation fees will be payable. You will, however, not be entitled to a pro rata refund should you notify us of your cancellation after your subscription fee for that month has already been deducted.
17. In order to cancel a subscription, select the appropriate box on the Members page of our website (.............insert link to page................)
18. Should you wish to upgrade or downgrade your membership category, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it..
19. We have the right, in our sole discretion, to immediately, and without notice to you, discontinue providing services to you should you fail to comply with any of these T and C. Furthermore, in such event, we reserve all of our rights to pursue any and all other legal remedies available to us.
20. Technical support is only provided to subscribers and authorised users with pre-paid subscriptions, on the basis as set out on our website.
   
C. DISCLAIMERS AND RELATED CONDITIONS
1. As a user of our website and/or as a subscriber to our services, you hereby expressly agree that the use of our website and/or of our services is at entirely your own risk.
2. By visiting our website and/or by sending emails to us, you agree to receiving communications from us electronically and you further agree that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including but not limited to, the requirement that such communications should be in writing.
3. Our services are provided to you on an “as is” basis only and we do not make any representations, endorsements, warranties or promises of any kind whatsoever, whether express or implied.
4. YOU MUST SATISFY YOURSELF BEFORE USING OR ACCESSING OUR WEBSITE AND/OR BEFORE ENTERING INTO AN AGREEMENT WITH US FOR THE USE OF OUR SERVICES, THAT OUR WEBSITE AND/OR THE SERVICES THAT WE PROVIDE MEET YOUR REQUIREMENTS AND WILL BE COMPATIBLE WITH YOUR HARDWARE AND/OR SOFTWARE.
5. We may act as a reseller of certain software and/or we may refer you to the providers of other software and/or also provide training to you in the use of certain software. We may also provide access to software that we re-sell or refer you to, on the basis that the software providers enable integrations with other software. Sometimes this involves the sharing of databases by the use of Application Program Interfaces (“API’s”), either provided by the software sellers or by third-party vendors. All re-selling of software by us, all referrals to the providers of other software (with or without API’s) and services and all services and training directly provided by us are subject to the following further specific terms and conditions:
5.1.  we (and our directors, officers, employees, subcontractors, agents, successors, assigns and affiliates) expressly: 
5.1.1. do not give any warranties or promises of any nature whatsoever, including but not limited to warranties of fitness or suitability for a particular purpose, warranties of satisfactory quality or any other warranties;
5.1.2. do not give any warranties or promises that any software, services or training will meet any specific requirements; or will be uninterrupted, timely, secure, or error-free; nor that the results that may be obtained from the use of our services will be accurate or reliable; nor that the quality of any products, services, information, or other material purchased or obtained through our services will meet any expectations; nor that any errors in our services will be corrected;
5.1.3. state that we do not have any liability to users, clients, customers or subscribers for any direct, indirect, consequential, incidental, special, or exemplary damages, including, but not limited to, damages for loss of data, loss of profits, loss of goodwill, loss of the use of, or the inability to use our services, the cost of procurement of substitute services, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from any goods, data, information, software (including API’s), services, transactions, messages and training provided directly or indirectly by us, our website, hyperlinked sites, our services, software re-selling activities, referrals, other services and/or training;
5.1.4.

state that any advice or opinions contained on our website or imparted via our services and referrals should not be regarded as professional advice. Users and subscribers are to seek professional advice before placing any reliance on any advice or opinions given by our website and/or our services;

5.1.5. state that we do not give any warranties or promises, whether express or implied, that our website, our services, other services, applications, downloads or other available files and training are free of worms, trojans, bombs, or any other viruses or codes which can harm, corrupt or affect the operation of the system of a user or subscriber; or that our website and/or our services are free from errors or omissions or will be uninterrupted. We further expressly state that we do not have any liability to you for any damage at all that you may suffer as a result of any such worms, trojans, bombs, or any other viruses or codes or any errors, omissions or interruptions;
5.1.6. disclaim any liability arising from unauthorised access to or alteration of the transmissions or content provided by or to users, subscribers and authorised users of corporate subscribers;
5.1.7. disclaim any liability arising from any suspension, discontinuation or changing of prices of our services.
6. We do not vet, examine or review the content of websites and page links to which our website links, nor do we claim any intellectual property rights thereto. We also do not vet, examine or review postings by users on blogs or user boards associated with our website, nor do we claim any intellectual property rights thereto.
7. We reserve the right at any time, without notice to you, to discontinue or modify access to the software and databases of others via any particular API.
8. By accessing our website and our services you agree to not use them in any manner which is unlawful or which may infringe our copyright and intellectual property rights, or those of any third party. Further, you agree to not carry out acts or send messages which are unlawful, obscene, defamatory, pornographic, offensive, obscene or threatening.
9. You agree to not use our services or website to upload, post, host, or transmit unsolicited bulk e-mail (Spam), text messages, self-replicating computer programs (Worms) or any code or virus of a destructive or malicious nature.
10. We reserve the right, at any time, solely in our own discretion and without notice to you, to put limits on your bandwidth usage whether as a website user or as a subscriber to our services.
11. We reserve the right to temporarily suspend access to our services for purposes of maintenance and repairs and installation of upgrades. Before such suspensions, we will try to provide reasonable notice to you.
12. We reserve the right, at any time, solely in our own discretion, to change or discontinue any feature or features associated with our services. Continued use of the service by you following such an event will constitute your acceptance of the change or discontinuation.
13. You may not use bots or any other type of robotic, programmed or mechanical process/es to access our services, unless you have first obtained our written permission.
14. Hyperlinks to our website from any other source must be directed to the home page of our website. You agree that we will not be liable for any damage, loss or liability that resulted from the use, access and/or content of our website, if such content was accessed through a hyperlink that did not direct you to our home page, on the basis that such deep linking bypasses these T and C.
15. Subscribers and their authorised users shall be responsible for protecting the security of usernames, access codes and passwords issued to them. Subscribers and their administrators will implement policies and procedures to prevent unauthorised use of usernames, codes and passwords and will promptly notify us upon discovering a breach of such security.
16. We agree that we will take all reasonable steps to secure the content of our website and the information that you provide to us or that we collect from you, from unauthorised access and/or disclosure. We, however, do not make any warranties or promises in this regard or accept any liability in instances where your information might be disclosed and/or should our website fail to be safe or secure and/or for any damages that you may suffer as a result. You agree that we do not bear any legal duty to encrypt any content or information on our website or any communication from or to us. You further agree that we do not bear any legal duty to provide digital authentication of any page on our website.
17. Any person that delivers or attempts to deliver any damaging code to our website or attempts to gain unauthorised access to any page on our website shall be prosecuted and civil damages shall be claimed in the event that we suffer any damage or loss.
18. These T and C constitute the entire agreement between you and us, being LifeBack Proprietary Limited, Registration Number: 2013/041959/07, determines your un-assignable rights of use of our website and of our services, and supersedes any prior agreements between us flowing from prior versions of these T and C.
 
D. PRIVACY
1. We agree to take all reasonable steps to protect your personal information, as it is defined in the Promotion of Access to Information Act 2 of 2000 (“PAIA”). We agree that any information received from you will not be disclosed to any other person unless you have first provided us with your written permission or unless we are required to do so in terms of the laws of the Republic of South Africa or any other law to which we may be subject.
2. You agree that we may electronicallycollect, collate, process and store and use your following personal information:
 
2.1.  name and surname; 
2.2. contact numbers and other contact details;
2.3. non-personal browsing habits and click patterns; and
2.4. IP address.
3. We confirm that we collect, store and use your above-mentioned information to:
 
 3.1. communicate information to you as requested by you; 
3.2. provide you with access to restricted pages on our website;
3.3. efficiently render our services to you in accordance with our agreement with you;
3.4. compile non-personal, general statistical information regarding browsing habits, click patterns and access to our website.
 4.  Where the information is not collected from you directly, we collect the information electronically by using cookies. You can change your browser settings in order to determine and control the usage and accessibility of cookies.
5. You agree that we are entitled to compile, use and share any information that does not specifically relate to you or any other specific individual.
6. You agree that we may take all reasonable steps to ensure the integrity and security of our website and back-office applications.
7. You further hereby agree that we may communicate with you directly for marketing purposes or for any other purpose.
   
E. CONTACT DETAILS
 1. Access to the content, software and downloads available from our website is classified as an “electronic transaction” in terms of the ECTA and you have the rights detailed in Chapter 7 of the ECTA. We have a duty to disclose to you the following information:
1.1. The full name and legal status of the owner of this website is LifeBack Proprietary Limited (Registration Number: 2013/041959/07), a private company registered and incorporated in the Republic of South Africa;
1.2.

Our physical address is 6 Kikuyu road, Sunninghill, 2157

We choose this physical address as our official address for all purposes under these T and C, whether in respect of court processes, notices, or other documents or communication of whatsoever nature.

1.3. Our postal address is Postnet Suite 74, Private bag x23, Gallo Manor, 2052
1.4. Our main business is business automation and enhancement.
1.5. Our website address is www.lifeback.co.za
1.6.

Our email address is

For a notice to be validly given, a hard copy of the notice must also be delivered to us at the physical address mentioned in E1.2 above.

 1.7.  Our tel number is 010 534 6450
 1.8.  Our fax number is 010 599 5458
 1.9.  Our manual published in terms of section 51 of PAIA is available upon request by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it.
 1.10.  Our Management:
 
1.10.1.   Thys Lourens – Director
 1.11.  Should you have any queries or complaints regarding our website or our services, please contact us on the details provided above.