LINK STREET MARKETING (PTY) LTD TERMS OF SERVICE

Effective date: 31 August 2022 

READ THE WEBSITE TERMS OF SERVICE CAREFULLY BEFORE BROWSING THE WEBSITE. A USER’S CONTINUED USE OF THE WEBSITE INDICATES THAT THE USER HAS BOTH READ AND ACCEPTED THE TERMS OF SERVICE. A USER CANNOT USE THE WEBSITE IF IT DOES NOT ACCEPT THE TERMS OF SERVICE. ALL SECTIONS OF THE TERMS OF SERVICE ARE APPLICABLE TO THE USER UNLESS THE SECTION EXPRESSLY STATES OTHERWISE

  1. Introduction
  • Link Street Marketing’s website https://www.alphabetsocial.co.za/ (“the Website”) is made available, and/or owned by Link Street Marketing (Pty) Ltd (registration number: 2015/417395/07 (hereinafter referred to as "Link Street Marketing ", "we", “our" or "us"). The Terms of Service are entered into by and between Link Street Marketing and the User. Any reference to "Link Street Marketing ", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners.

 

  • These Terms of Service, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to any User who uses the Services, accesses, refers to, views and/or downloads any information or material made available on the Website, for whatever purpose (hereinafter referred to as “User”, "you", "your", “he”, “she”, “his”, “him” or “her”), and governs the User’s relationship with us.

 

  • Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and/or for and on behalf of any entity for whom you utilise the Website. Further, you represent and warrants that you have the authority to do so and that in the case of you being a natural person, you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

 

  • To the extent permitted by applicable law, we may modify the Terms without prior notice to you, and any revisions to the Terms will take effect when posted on the Website, unless a later date is stated in the revised Terms. Your continued use of the Website and/or the Services will be construed as your consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of your use. 

 

  • These Terms will apply fully and affect your use of the Website. By using this Website, you agree to accept the terms as contained herein in full.

 

  • Should you not agree to the terms contained herein, you must immediately desist from using this Website.

 

  1. Interpretation 

 

 In these Terms of Service:

 

  • clause headings are for the convenience and are not to be used in its interpretation;

 

  • unless the context indicates a contrary intention, an expression which denotes:

 

  • any gender includes the other gender;

 

  • a natural person includes a juristic person and vice versa;

 

  • the singular includes the plural and vice versa;

 

  • the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings:

  

  • “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of accessing the Services or has not yet registered as a User;

 

  • “Link Street Marketing” shall mean Link Street Marketing (Pty) Ltd, a private company, with Registration Number 2015/417395/07, registered in terms of the laws of the Republic of South Africa, having its principle place of business at Old Admin Building, Rustenburg Wine Estate, Lelie Street, Stellenbosch, Western Cape 7599 South Africa, and email address: [email protected];

  

  • “Party” or “Parties” shall mean Link Street Marketing and/or the User as the context implies;

 

  • “Personal Information” shall mean the Personal Information as required from a Browser in order to register for the Services;

  

  • “Plan” shall mean either the monthly plan, the annual plan or the VIP plan, which you are required to select during the Registration Process, as detailed more fully in clause 7 below;

  

  • “Privacy Policy” shall mean the privacy policy of Link Street Marketing, as amended from time to time, which may be found here: alphabetsocial.co.za/privacy 

 

  • “Registration Process” shall mean the process to be followed by a Browser through the Website to enable him or her to make use of the Services, and select a Plan and thus make the transition from a Browser to a User as set out in clause 4 below;

 

  • “Selling on Social” shall mean the digital marketing membership club available to a User through the provision of the Services;

 

  • “Services” shall refer to the various Services provided by Link Street Marketing to a User, determined by the Plan subscribed to by a User;

 

  • “Subscription Fee” means the amount payable by a User in respect of the Plan selected by the User;

 

  • “Terms” shall mean this Terms of Service as read together with the Privacy Policy;

 

  • “User” shall mean the Browser who completes the Registration Process in order to subscribe to a Plan; and

  

  • “Website” shall mean the website situated at alphabetsocial.co.za, as owned, hosted and managed by Linked Street Marketing through which the Services are offered.

 

  • If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Terms of Service.

 

  • Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.

 

  • By entering into this Terms of Service, the User also agrees to be bound by the Privacy Policy.

 

  1. Commencement and Duration

 

  • Save for what is stated in clause 17 below, the Terms shall apply from the date that same are accepted until the expiration of the duration of the Plan selected by the User as set out in clause 7

 

  1. Registration Process

 

  • Only a User may make use of the Services.

 

  • Subject to, and on the basis of a Browser’s acceptance of the Terms of Service, and thus becoming a User, Link Street Marketing shall grant the User a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

 

  • A Browser shall, through the login process on the Website which shall include the provision of certain personal information, be recognised as a User and be permitted to use the Services.

 

  1. Protection of Personal Information Act (“POPI Act”):

 

  • The POPI Act sets conditions that any person who processes personal information must comply with and aims to protect the personal information of people. The POPI Act aims to strike a balance between the right to privacy and the need for the free flow of, and access to information, and to regulate how personal information is processed.

 

  • The POPI Act includes eight information protection conditions and these conditions are subject to exclusions and processing of information is prohibited in certain instances. The conditions are:

 

  • accountability;
  • processing limitation;
  • purpose specification;
  • further processing limitation;
  • information quality;
  • openness;
  • security safeguards; and
  • data subject

 

  • Link Street Marketing confirms that it will take reasonable and required steps to protect, secure and process all information received from any Browsers and/or Users in a professional manner, in accordance with the aforementioned conditions.

 

  • However, both the User and Browser agree and confirm that they will not hold Link Street Marketing responsible for any breach of confidentiality, stemming from wilful or intentional misconduct or criminal activity, and/or any form of gross negligence, especially where any breach of confidentiality or information arises as a result of any action taken by a Browser or User in providing the information to Link Street Marketing.

 

  • Any damage suffered by a Browser or User as a result of any breach of POPI obligations stemming from these Terms of Service or any Services offered in terms of these Terms of Service, shall be limited to a maximum of the value of the Services rendered to you by Link Street Marketing, and Link Street Marketing cannot and will not be held responsible for any future-dated damages and/or patrimonial damages suffered downstream of any breach.

 

  1. Services

 

  • Link Street Marketing, through the Website, provides a Service allowing a User to, through the Plan of a User’s choice, subscribe to the Selling on Social Club.

 

  • The Services shall comprise of one of the three Plans as detailed more fully in clause 7 During the Registration Process, a User shall be able to select which Plan it would like to subscribe to.

 

  • A User may subscribe to one Plan only, and only the User having subscribed to such Plan may exercise access to the Plan. No other person may utilise the Services provided in terms of such Plan.

 

  • Link Street Marketing, in our own discretion, reserve the right to suspend or cancel access to a Plan as a result of non-payment, late payment or deferred payment of the Subscription Fee by a User and recoup legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties from the User.

 

  1. Plans 

 

Monthly Plan (Individuals)

 

Access

  

Subscription to the monthly plan will allow a User access to the following Services:

 

  • instant membership to the Selling on Social Club together with 24 (twenty-four) hour access to the Selling on Social Club training hub in order to view all content previously stored thereon including but not limited to coaching calls;

 

  • 1 (one) coaching session per month hosted on Zoom which will address inter alia developing of digital sales strategies, creating Facebook adverts and conducting paid media campaigns;

 

  • access to training through the Selling on Social Club training hub;

 

  • access to live virtual question and answer sessions with digital marketing experts;

 

  • an option to join a private Facebook community which is available only to other Users, where Users may interact, collaborate, gain experience and exchange ideas with each other; and

 

  • an option to join a private Instagram "Close Friends" community which is available only to other Users, where Users may receive notifications regarding the Selling on Social Club; and

 

  • an option to upload their own User details onto a members directory, which details shall comprise of a User’s business name, contact details and social media handle.

 

Subscription Fee for Monthly Plan

 

  • R649 (six hundred and forty-nine Rand) billed per month

 

  • payment shall be made by you immediately upon subscribing to the Services, however should you wish to cancel your subscription within the first 30 (thirty) days after completing the Registration Process you will receive a full refund

 

Duration of Monthly Plan

 

  • Month-to-Month for an indefinite time period and until such time as the User ceases making payment of the Services and/or cancels the Services by providing us with 1 (one) month’s notice.

 

  • Should the User cancel the Monthly Plan within the first month after completing the Registration Process, access to the Services as set out in clause 1.1 will be cancelled at the end of the preceding month, following which, cancellation of the Monthly Plan will take place at the end of the applicable month.

 

Monthly Plan (Teams)

 

All terms apply as per the Monthly Plan for Individuals with the following amendments:

 

  • Up to 3 users allowed on this plan

 

  • If the Team unsubscribes all users will lose access to the subscription

 

  • If there is a user that wants to remain within the membership they are able to transfer to a Monthly Individual Plan 

 

  • The subscription fee for a Monthly Team Plan is R999 p/month (regardless of the number of users)

 

  • If more than 3 users would like to join the Monthly Teams Plan, please enquire by sending an email to [email protected]

 

Annual Plan

Access

Subscription to the annual plan will allow a User access to the following Services:

 

  • instant membership to Selling on Social Club together with 24 (twenty-four) hour access to the Selling on Social Club training hub in order to view all content previously stored thereon including but not limited to coaching calls;

 

  • 1 (one) coaching session per month hosted on Zoom which will address inter alia developing of digital sales strategies, creating Facebook adverts and conducting paid media campaigns;

 

  • access to training through the Selling on Social Club training hub;

 

  • access to a live virtual question and answer session with digital marketing experts;

 

  • an option to join a private Facebook community which is available only to other Users, where Users may interact, collaborate, gain experience and exchange ideas with each other; and

 

  • an option to join a private Instagram "Close Friends" community which is available only to other Users, where Users may receive notifications regarding the Selling on Social Club; and

 

  • an option to upload their own User details onto a members directory, which details shall comprise of a User’s business name, contact details and social media handle;

 

Annual Plan Subscription Fee

 

  • R499 (four hundred and ninety-nine Rand) per month, billed as a once-off annual amount of R5 990.00 (five thousand nine hundred and ninety Rand); and

 

  • payment shall be made by you immediately upon subscribing to the Services, however should you wish to cancel your subscription within the first 30 (thirty) days after completing the Registration Process you will receive a full refund;

 

Annual Plan Duration

 

  • A period of one year after completing the Registration Process, with the option to renew for a further one year with a once-off payment, alternatively, switch to a monthly payment plan, with a reciprocal reduction in the applicable Services, in which case a notice period of 1 (one) month is required.

 

  • In the event that the Services are not subscribed to for a further period, the User will not be able to gain access to any Services from the end of the period.

 

Cancellation & Refunds applicable to Annual Plan

 

  • In the event that a User elects to cancel the Services within 6 (six) months of subscribing to same, a User will be afforded a 50% (fifty percent) refund. No refunds will be given should the Services be cancelled after the expiration of the 6 (six) month period.

 

  • VIP Plan (available to the 1st 10 (ten) applicants only)

 

Access

Subscription to the VIP plan will allow a User access to the following Services:

 

  • instant membership to the Selling on Social Club together with 24 (twenty-four) hour access to the Selling on Social Club training hub in order to view all content previously stored thereon including but not limited to coaching calls;

 

  • 2 (two) one-on-one strategy sessions with Leigh Tobin valued at R10 500 (ten thousand five hundred Rand), covering your bespoke revenue-generating social media strategy. Both of these sessions are required to be attended by you within 6 (six) months of subscribing to the Services, failing which this portion of the Services will lapse.  You will be provided with recommended time-slots by Alphabet Social;

 

  • 1 (one) custom social media audit to be performed by the Alphabet Social Team, valued at R5 000.00 (five thousand Rand) to be carried out on a date provided by the Alphabet Social Team, which will be within 3 (three) months of you subscribing to the Services. This audit is required to be carried out within 3 (three) months of subscribing to the Services, failing which this portion of the Services will lapse;

 

  • 1 (one) coaching session per month hosted on Zoom which will address inter alia developing of digital sales strategies, creating Facebook adverts and conducting paid media campaigns;

 

  • lifetime access to training through the Selling on Social Club training hub;

 

  • access to Monthly Mastermind, being a live virtual question and answer session with digital marketing experts;

 

  • an option to join a private Facebook community which is available only to other Users, where Users may interact, collaborate, gain experience and exchange ideas with each other;

 

  • an option to join a private Instagram "Close Friends" community which is available only to other Users, where Users may receive notifications regarding the Selling on Social Club; and

 

  • an option to upload their own User details onto a members directory, which details shall comprise of a User’s business name, contact details and social media handle;

 

  • 50 (fifty) content ideas for application on Instagram.

 

VIP Plan Subscription Fee

 

  • a once-off fee of R25 000.00 (twenty-five thousand Rand); and

 

  • payment shall be made by you immediately upon subscribing to the Services, however should you wish to cancel your subscription within the first 30 (thirty) days after completing the Registration Process you will receive a full refund;

 

VIP Plan Cancellation & Refunds

 

  • In the event that a User elects to cancel the Services within 6 (six) months of subscribing to same, a User will be afforded a 50% (fifty percent) refund. No refunds will be given should the Services be cancelled after the expiration of the 6 (six) month period.

 

  1. Payment of the Subscription Fee

 

  • Payment may be made by:

 

  • debit or credit card (EFT). When making payment, Link Street Marketing may require additional information in order to authorise and/or verify the validity of payment. In such cases Link Street Marketing is entitled to suspend access to the Services until such time as the additional information is received. If Link Street Marketing does not receive authorisation a User’s subscription will lapse. A User further warrants that its credit or debit card has sufficient available funds to cover all the costs incurred in respect of the Subscription Fee.  When making payment a User will be directed to a link to a secure site for payment of the Subscription Fee.

 

  • PayPal – If using PayPal checkout, the amount billed is subject to exchange rate fluctuations beyond Link Street Marketing’s control. The User is encouraged to consult the PayPal website located at www.paypal.com in order to familiarise itself with the security protocols and other policies in place and which may apply to any transaction conducted through PayPal.  Any charges levied by PayPal as a result of using this payment method shall be for the User’s account, and no compensation will be provided in respect of same.

 

  1. Warranties by the User

 

  • The User warrants and represents that the personal information provided to Link Street Marketing is and shall remain accurate, true and correct and that the User will update the personal information held by Link Street Marketing to reflect any changes as soon as possible.

 

  • The User further warrants that when registering on the Website it:

 

  • is not impersonating any person; and

 

  • is not violating any applicable law regarding use of personal or identification information.

 

  • Further and insofar as the registration process is concerned, the User warrants that its login details shall:

 

  • be used for personal use only; and

 

  • not be disclosed by a User to any third party.

 

  • For security purposes, the User understands that if it should use the incorrect login details for any reason for the period in which the Services are being provided, access will be denied.

 

  • The User accepts that any abuse or attempted abuse of the refund policy associated with a Plan, including but not limited to availing itself to once off Services during the refund period, cancelling the Package and re-registering at a later stage, may result in Link Street Marketing (at its discretion) prohibiting a re-registration by the User and refusing to provide any Services to such User.

 

  1. Unauthorised use of the Website

 

  • The Website may not be used for any objectionable or unlawful purpose.

 

  • Only necessary information required when registering for a Service may be uploaded onto the Website.

 

  • No spam mail or related unsolicited e-mail techniques may be sent to Link Street Marketing.

 

  • The introduction of any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with Link Street Marketing is strictly prohibited.

 

  • The sale, redistribution or use of information contained on the Website for a commercial purpose without Link Street Marketing’s prior written consent is strictly prohibited.

 

  • The removal or alteration of Link Street Marketing’s copyright notices or other means of identification including any watermarks, as they appear on the Website, any of the Services or emails is strictly prohibited.

 

  • The distribution or publication of any part of the information or content included in the Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public is strictly prohibited.

 

  • A User or Browser understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website and/or the Services.

 

  1. Warranties by Link Street Marketing

 

  • Link Street Marketing makes no representation or warranty (express or implied) that the Website or Services will:

 

  • meet a particular need;

 

  • be accessible at all times;

 

  • be accurate, complete or current; or

 

  • be free from viruses.

 

  • Subject to any express terms, Link Street Marketing makes no representation or warranty as to the volume or subject area of Services accessible through the Website.

 

  • Except for any express warranties in these Terms the Services are provided “as is”. Link Street Marketing makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. Link Street Marketing does not provide any warranties against viruses, spyware or malware that may be installed on a Browser or User’s computer or other software or hardware as a result of a User or Browser accessing or using the Website or the Services.

 

  • Link Street Marketing does not warrant that it will preserve or maintain any personal information uploaded onto the Website without loss.

 

  • Link Street Marketing shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside of its reasonable control. While a User or Browser may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

 

 

  1. Limitation of Liability and Indemnity

 

  • The Website and the Services shall be used entirely at your own risk.

 

  • Link Street Marketing is not responsible for, and you agree that Link Street Marketing will have no liability in relation to, the use of and conduct in connection with the Website or the Services, or any other person’s use of or conduct in connection with the Website or Services, in any circumstance.

 

  • Link Street Marketing cannot guarantee or warrant that any file or link downloaded from the Website or delivered to a User via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate processes, systems and procedures to protect yourself from this type of issue.

 

  • You indemnify Link Street Marketing, and agree to keep Link Street Marketing indemnified, from and against any claim, loss, damage, cost or expense that Link Street Marketing may suffer or incur as a result of or in connection with your improper use of or conduct in connection with the Website, including any breach by you of these Terms of Service or any applicable law or licensing requirements.

 

  • To the maximum extent permitted by law Link Street Marketing exclude all implied representations and warranties which, but for these Terms of Service, might apply in relation to your use of the Website.

 

  • To the extent that Link Street Marketing’s liability cannot be excluded by law, the maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to the minimum amount imposed by such law.

 

  • Notwithstanding anything to the contrary in these Terms of Service, in no circumstances will Link Street Marketing be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

 

  1. Links to other websites

 

  • The Website may contain links or portals to other websites. Link Street Marketing has no control over websites operated by third parties and you agree that Link Street Marketing is not responsible for and will have no liability in connection with your access to or use of any third-party website.

 

  1. Copyright

 

  • Link Street Marketing and the contents of the Website, together with the Services are Link Street Marketing’s property, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

 

  • Except as stated in the Terms of Service, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without Link Street Marketing’s prior written permission, which should such consent be provided, Link Street Marketing reserves the right to withdraw such consent at any stage, in its sole and absolute discretion.

 

  • You are expressly prohibited to “mirror” any content contained on the Website, on any other server, unless Link Street Marketing’s prior written permission is obtained, which should such consent be provided, it reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

 

  • You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray Link Street Marketing, our affiliates, the Website or Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use Link Street Marketing’s logo or other proprietary graphic or trademark as part of the link without Link Street Marketing’s permission or the permission of its affiliates or content suppliers.

 

  • All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are Link Street Marketing’s exclusive property.

 

  1. Intellectual Property

 

  • You undertake not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website or the Services including any algorithm used by Link Street Marketing.

 

  • Link Street Marketing owns or is licensed to use all intellectual property on the Website. You may not use any of Link Street Marketing’s intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

 

  1. Confidentiality

 

  • Confidential information means any documents, Services or information created, received or obtained from Link Street Marketing, together with information relating to Link Street Marketing as well as non-public information pertaining to Link Street Marketing’s business (including, without limitation pricing information, any related entities, your identity, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.

 

  • You may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to Link Street Marketing without our prior written permission, or in violation of any express or implied duty or contractual right.

 

  • Where you are legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

 

  • You shall notify Link Street Marketing immediately upon becoming aware of a suspected or actual breach of this obligation.

 

  • Link Street Marketing will not disclose or make available, directly or indirectly, any of your Confidential Information, except where we have your permission, where the Confidential Information is already in the public domain (through no breach of the Terms of Service), in furtherance of the User’s use of the Services, to enforce all or any of the terms or if legally compelled to do so.

 

  1. Breach

 

  • If either Party (“the Defaulting Party”) breaches any provision of these Terms of Service and remains in breach for 14 (fourteen) days after receipt of written notice from the other Party (the “Aggrieved Party”) requiring him/her/it to rectify the breach, the Aggrieved Party shall be entitled at its/his/her option (and without prejudice to any other rights that it/he/she may have at law):

 

  • to sue for specific performance of the Defaulting Party's obligations under these Terms of Service;

 

  • to cancel these Terms of Service by notice in writing to the Defaulting Party (subject to clause 2 below); or

 

  • in either event without prejudice to the Aggrieved Party's right to claim damages.

 

  • Either Party so aggrieved by any breach of any provision of these Terms of Service by the other Party shall only be entitled to cancel these Terms of Service if such breach is a material breach of the provisions of these Terms of Service which goes to the root of these Terms of Service and the Defaulting Party fails to remedy such breach during the 14 (fourteen) day period referred to in clause 1 above.

 

  1. Dispute Resolution

 

  • Save as otherwise contained herein, should any dispute arise between the Parties in connection with the Terms of Service, a representative of each of the Parties or the Parties themselves shall attempt on the basis of good faith to settle such dispute by way of negotiation.

 

  • If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) business days of such dispute being referred.

 

  • If an agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 20 (twenty) business days after such appointment then any Party may give written notice to the other Party referring the dispute to arbitration in accordance with the provisions of this clause 18 (“Arbitration Notice”).

 

  • The arbitration referred to in clause 18 shall be held –

 

  • at Cape Town or other venue agreed by the Parties in writing;

 

  • in English; and

 

  • immediately and with a view to its being completed within 21 (twenty‑one) days after it is demanded.

 

  • The Parties irrevocably agree that the decision in arbitration proceedings:

 

  • shall be final and binding upon them;

 

  • shall be carried into effect;

 

  • may be made an order of any court of competent jurisdiction.

 

  • This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

 

  1.                     Notices and Domicilium

 

  • Link Street Marketing chooses as its domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of the Terms of Service, the address recorded in clause 3.2 above, with the User’s domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of the Terms of Service, the address as provided when registering on the Website.

 

  • Both Parties may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

 

  • All notices to be given in terms of the Terms of Service will:

 

  • be given in writing;

 

  • be delivered or sent by email; and

 

  • be presumed to have been received on the date of delivery.

 

  • If any notice is sent by email, the provisions of the Electronic Communications and Transactions Act 25 of 2002 governing receipt of data messages, shall apply.

 

  • Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

 

  1. Variation

 

  • No contract varying, adding to, deleting from or cancelling the Terms of Service, and no waiver of any right under these Terms of Service, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.

 

  1. Survival

 

  • Clauses which out of necessity or by implication herein survive termination of these Terms of Service, shall remain in full and effect despite the termination hereof.

 

  1. Application of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act")

 

  • Data Messages (as defined in the ECT Act) will be deemed to have been received by Link Street Marketing if and when it responds to the Data Messages.

 

  • Data Messages sent by Link Street Marketing to a User will be deemed to have been received by the User, as the case may be, in terms of the provisions specified in section 23(b) of the ECT Act.

 

  • The User acknowledges that electronic signatures, encryption and/or authentication are not required for valid electronic communications between it and Link Street Marketing.

 

  1. General

 

  • The Terms of Service constitute the entire agreement between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.

 

  • Link Street Marketing’s failure to enforce any provision of the Terms of Service shall not constitute a waiver of such provision.  Further, any consent to depart from the Terms of Service shall be ineffective unless it is confirmed in writing and signed by Link Street Marketing.

 

  • Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with the Terms of Service is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

 

  • The rights, powers and remedies provided to Link Street Marketing in the Terms of Service are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of the Terms of Service.

 

  • The Terms of Service together with the other terms and legal documents situated on the Website constitute the entire agreement in as far as the provision of the Services are concerned. The User acknowledges and agrees that it has not relied on any representations by Link Street Marketing except those contained in the Terms of Service.

 

  • The laws of the Republic of South Africa shall apply to these Terms of Service.

 

  • Any claims, legal proceeding or litigation arising in connection with the Terms of Service shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.

 

  • Link Street Marketing may assign or novate any of its rights or obligations under these Terms of Service without a User’s consent. A User may not assign or novate any of his/her/its rights.

 

  • If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.

 

  1. Preparation

 

  • These Terms of Service have been custom created for Link Street Marketing by the good folks at Legal Legends legallegends.co.za.

 

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