|| Last modified: January 22, 2020 ||

1. Your relationship with WyzePal

1.1 Your use of the WyzePal website (the “Website”), the WyzePal mobile App (the “App”), the Desktop App, WyzePal Blog (the “Blog”) and any WyzePal products, realms, organisations, software, data feeds and services, including the WyzePal web app (the “WebApp”) provided to you on or from or through the Website and/or any App Store by WyzePal (collectively the “Service”) is subject to the terms of a legal agreement between you and WyzePal. “WyzePal” means WyzePal (Pty) Ltd, whose principal place of business is at Stand Number B0559 Nwajaheni Village, Nwamitwa, 0871, Tzaneen, South Africa (Limpopo).

1.2 Your legal agreement with WyzePal is made up of the following elements (Collectively the terms):

1.2.1 The terms and conditions set out in this document, (https://wyzepal.com/terms )

1.2.2 WyzePal’s Privacy Policy (https://wyzepal.com/privacy )

1.2.3 Code of Conduct (https://wyzepal.com/conduct)

1.2.4 WyzePal has a diverse range of services, thus sometimes additional terms and/or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us (the “Terms”) if you use those Services.

1.3 The Terms form a legally binding agreement between you and WyzePal in relation to your use of the Service. It is important that you take the time to read them carefully.

1.4 The Terms apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

2. Acceptance of the Terms.

2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.

2.2 You understand and agree that you accept these Terms by simply using the Service. You also understand and agree that WyzePal will treat your use of the Service as acceptance of the Terms from that point onward.

2.3 You may not use the Service and may not accept the Terms if

2.3.1 you are not of legal age to form a binding contract with WyzePal, or

2.3.2 you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

3. About the Terms.

3.1 Changes to the terms.

3.1.1 WyzePal reserves the right to make changes to the Terms and/or add additional provisions that apply to the Service, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly.

3.1.2 Last modification date will be placed at the top of each element of the terms, this shall serve as notice to you that the terms or that element of the terms have been modified and/or changed.

3.1.3 Modified Provisions and additional terms may be posted in the applicable Service and/or element of the terms in addition to the Last modification date to highlight to you changes and/or modification made.

3.1.4 Changes to the Terms will not apply retroactively to current users and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Changes are retroactively effective to new users of the service who uses the service after they (Modified Terms) are posted.

3.1.5 Current user(s), as used in provision 3.1.4 above shall and will mean only the users who have wyzepal account. Any user who uses any part of the Service that does not require a WyzePal account shall be treated as a new user and thus any changes to the terms are effective retroactively as per provision 3.1.4.

3.1.6 If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted and/or fourteen (14) days after the Modified Terms are posted as per terms of section 3.1.4 and 3.1.5 above will constitute your acceptance of the Modified Terms.

4. Accounts

4.1 In order to access some features of the Website or other elements of the Service, you will have to create and/or have a WyzePal Account.

4.2 When creating your account, you must provide accurate and complete information. It is important that you must keep your WyzePal account password secure and confidential. The following are possible WyzePal accounts:

4.2.1 WyzePal realm/or Organization Account

4.2.1.1 This is an account on behalf of oneself, organization, family, entity and/or community.

4.2.1.2 Realm Name and/or Organisation name and Sub-domain name or a registered domain is required to create this Account.

4.2.1.3 You may not use trading names and/or trademarks as your Realm Name and/or Organization Name and/or subdomain name or domain name without permission from the trademark owner.

4.2.1.4 All organization and/or realm administrators have an obligation to enforce compliance with the Terms to all users of such realm and/or organization.

4.2.1.5 Additional terms may be created for each realm account provided that they are not in conflict with and/or offensive to the Terms of WyzePal.
4.2.1.6 It is the responsibility of the realm/organization owner to enforce compliance of their additional terms to all users of the realm and/or organization.

4.2.1.7 If a provision in the additional terms created by realm owner/administrator is in conflict and/or becomes offensive to the Terms, such provision and ONLY that provision shall be rendered NULL and VOID.

4.2.1.8 Additional provisions that are in conflict with the terms shall be allowed and binding if and only if prior agreement has been made by the realm owner/administrator and WyzePal

4.2.1.9 If any subscriber and/or member fails to comply with the terms, this shall be considered a breach of the terms on your (realm/organization owners/administrators) part and WyzePal may take actions against such user and/or an organization as a whole, this may include without limitation suspension of that User’s account or the entire realm and/or organization’s account.

4.2.1.10 Realm Account and/or Organization account can either be Freemium, Premium, or Partnership.

4.2.1.11 Freemium

4.2.1.11.1 These accounts are free, account owners do not have to pay WyzePal.

4.2.1.11.2 WyzePal reserves the right to use whatever means possible to monetize the traffic from this realms, this includes without limitation, selling targeted ads.

4.2.1.11.3 WyzePal shall keep all revenue generated from such realms.

4.2.1.11.4 Users must not be charged a subscription fee to become members of this realms.

4.2.1.11.5 Realm owners/administrators may choose who can be members and if an invitation is required or not for a user to subscribe as members of that realm/ Organization.

4.2.1.12 Premium Account

4.2.1.12.1 Realm owners/administrators will be billed monthly per active user.

4.2.1.12.2 Users may be charged subscription fee by realm owners/administrators.

;4.2.1.12.3 Users may use any ethical means to monetize the traffic provided that such means are not in conflict with the terms.

4.2.1.13 Partnership Programme

4.2.1.13.1 Available on request. (See Provision 5 for Details)
4.2.1.13.2 Qualifying criteria may be required

4.2.2 WyzePal User Account

4.2.2.1 This is an account that is created when you subscribe to a realm and/or organisation account.

4.2.2.2 You may create an account to any WyzePal realm of your choosing or WyzePal Account may be assigned to you by an administrator, such as your employer or educational institution.

4.2.2.3 Different or additional terms may apply and your administrator may be able to access or disable your account.
4.2.3 WyzePal Blog Account
4.2.4 WyzePal Tenant Account (Feature under development, not yet available)
4.3 You must notify WyzePal immediately of any breach of security or unauthorized use of your WyzePal account that you become aware of.

4.4 You agree that you will be solely responsible (to WyzePal, and to others) for all activity that occurs under your WyzePal account.

5. WyzePal Partnership Programme (Not available by default)

5.1 This section is not part of the Terms by default, it is only applicable and binding upon application and accepting it separately.

5.2 Together with the WyzePal Terms and Condition set out in this document, and the WyzePal Partner Program Policies (each of which may be updated from time to time and are incorporated herein by reference), the following WyzePal Partner Program Terms apply to your participation in the WyzePal Partner Program and becomes part of the Terms as set out in provision 1.2.4 of this document (terms and condition).

5.3 If you do not understand or accept any part of these Program (Provision 5), you should not take part in WyzePal partnership program nor upload Content for monetization on WyzePal.

5.4 If you do not understand or accept any part of the Terms, you should stop using the Service as per provision 2.1 of this document.

5.5 Monetization

5.5.1 Advertising Revenues.

5.5.1.1 WyzePal will pay you 55% of net revenues recognized by WyzePal from ads displayed or streamed by WyzePal or an authorized third party on your Content, Users or Chat Streams.

5.5.1.2 WyzePal is not obligated to display any advertisements alongside your chats or in your realms and may determine the type and format of ads available on the WyzePal Service. For clarity, WyzePal reserves the right to retain all other revenues derived from the WyzePal service, including any revenues relating to ads on search result pages.

5.5.2 Subscription Revenues.

5.5.2.1 WyzePal will pay you 55% of the total net revenues recognized by WyzePal from subscription fees that are attributable to the monthly active use of your realm or watch-time of your Content as a percentage of the monthly active use or watch-time of all or a subset of participating content in the relevant subscription offering (as determined by WyzePal).

5.5.2.2 If your content is included in and viewed by a user in multiple subscription offerings, WyzePal will pay you based on the subscription offering with the highest amount of net revenues recognized by WyzePal, as calculated by WyzePal.

5.6 Payment Account Requirement. In order to earn or receive payment of any revenues hereunder, you must at all times have an active Bank account associated with your WyzePal user account(s) (or such other payment method as required by WyzePal). WyzePal does not owe you for any revenues that may be associated with your Content during any period in which you do not have a valid method of payment.

5.7 Payment Terms, Limitations and Taxes.

5.7.1 WyzePal will pay you for any revenues due within approximately sixty (60) days after the end of any calendar month, so long as your earned balance is at least (ZAR) R 1000.00 (or its equivalent in local currency) at the time payment is due.

5.7.2 You are responsible for paying all taxes associated with any revenue you generate and/or accumulate as per terms of these agreement.

5.8 You are not entitled to earn or receive any revenues in connection with your realm traffic and Content in any of the following circumstances:

5.8.1 if one or more third parties claim rights to certain elements of your Content except in cases where WyzePal’s policies or systems support sharing a portion of the revenues with you, as determined by WyzePal;

5.8.2 if monetization is disabled on your Content by either you or WyzePal; i.e. You realm is in Freemium account, or Premium Account

5.8.3 your participation in the WyzePal Partner Program is suspended or terminated pursuant to Section 5.9 below.

5.8.4 WyzePal will use reasonable efforts to notify you if any of these circumstances should occur. However, WyzePal is not obligated to notify you.

5.9 Termination.

5.9.1 Either party may terminate these Terms for convenience within 30 days by prior written notice to the other (including via electronic means).

5.9.2 WyzePal may either suspend or terminate your participation in the WyzePal Partner Program immediately upon written notice (including via electronic means) if WyzePal reasonably determines or suspects that you have violated these Terms.

5.9.3 In the event of any termination of these Terms the WyzePal Terms of Service will survive and continue to apply to your use of the WyzePal service (Only Section 5 and all its sub-suctions will be terminated)

5.9.4 If upon termination of these Terms, WyzePal has accumulated revenues that is not yet divided and paid to you as per terms of section 5.5, 5.6, and 5.7 above from your content or your use of these Terms, such revenues will be paid to you within sixty (60) days in accord with the terms of section 5.5, 5.6, 5.7, and 5.8 above.

5.10 Governing Law. The governing law and dispute resolution provisions of the WyzePal Terms of Service will also apply to these Terms.

5.11 Miscellaneous. Capitalized terms used but not defined in these Terms will have the meanings given to such terms in the WyzePal Terms of Service. These Terms replace all previous or current agreements between you and WyzePal relating to the WyzePal Partner Program, including any prior monetization agreements that are in effect between you and WyzePal as of the effective date.

5.12 Except as modified by these Terms, the WyzePal Terms of Service remain in full force and effect.

5.13 WyzePal’s right to modify or revise the Terms of Service (as described in the WyzePal Terms of Service, Section 3.1) will also apply to these Terms.

6. General restrictions on use

6.1 WyzePal hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

6.1.1 You agree not to misuse the Services. For example, interfere with the Services or try to access them using a method other than the interface and the instructions that we provide.

6.1.2 You agree not to alter or modify any part of the Website or any of the Service (including but not limited to the WyzePal web app and its related technologies);

6.1.3 You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that

6.1.3.1 prevent or restrict use or copying of Content or

6.1.3.2 enforce limitations on use of the Service or the content accessible via the Service;

6.1.4 You agree to use the Services only as permitted by law, including applicable export and re-export control laws and regulations.

6.1.5 WyzePal may suspend or stop providing the Services to you if you do not comply with the terms or if we are investigating suspected misconduct or breach.

6.1.6 You agree not to use the Service (including the WyzePal WebApp) for any of the following commercial uses unless you obtain WyzePal’s prior written approval:

6.1.6.1 the sale of access to the Service;

6.1.6.2 the sale of advertising, sponsorships or promotions placed on or within the Service or Content;

6.1.6.3 the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from WyzePal appears on the same page and is of sufficient value to be the basis for such sales;

6.1.7 Prohibited commercial uses shall not include,

6.1.7.1 original chatting and/or discussions on WyzePal,

6.1.7.2 maintaining streams and/or organization on the Website in order to promote a business or artistic enterprise,

6.1.7.3 Chatting and uploading of pictures, audio, and video subject to those advertising restrictions set out in 5.1.6.2 and 5.1.6.3 above;

6.1.7.4 and any use that is expressly authorized by WyzePal in writing, including all premium account as set out in 4.2.1.12.

6.1.8 You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader computer program) that accesses the Service in a manner that sends more request messages to the WyzePal servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e., not modified) web browser;

6.1.9 You agree not to collect or harvest any personal data of any user of the Service (and agree that this shall be deemed to include WyzePal account names);

6.2 You agree that you will comply with all of the other provisions of the Terms and the WyzePal Code of Conduct at all times during your use of the Service.

6.3 WyzePal grants the operators of public search engines permission to use any computer programs (such as spiders) to copy materials from the Blog for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. WyzePal reserves the right to revoke these exceptions either generally or in specific cases.

6.4 WyzePal is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which WyzePal provides may change from time to time without prior notice to you.

6.5 You acknowledge and agree that WyzePal may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at WyzePal’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform WyzePal when you stop using the Service.

6.6 You agree that you are solely responsible for (and that WyzePal has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which WyzePal may suffer) of any such breach.

6.7 Some of the Services are available on mobile devices. You agree that you are solely responsible for obeying traffic or safety laws, School, College or University Policies, court rules, etc. and that WyzePal shall not be responsible for any damages incurred while and/or due to your use of the Service.

7. Software’s

7.1 When the Service requires or includes downloadable software, by using the Service you agree and acknowledge that this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

8. Copyright

8.1 We respond to notices of alleged copyright infringement.

8.2 You acknowledge and agree that WyzePal may terminate your access to the Service if you have been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

8.3 WyzePal’s designated address for notice of alleged copyright infringement on the Services is: WyzePal, Stand No. B0559 Nwajaheni Village, Nwamitwa, Tzaneen, Limpopo, South Africa or copyright@wyzepal.com

8.4 We have no responsibility, none whatsoever to all content that is shared, uploaded to all Premium Account, thus you agree and acknowledge that you will be responsible for compliance with all copyright law.

9. Content

9.1 As a WyzePal account holder you may submit Content. You understand that whether or not Content is published, WyzePal does not guarantee any confidentiality with respect to Content.

9.2 You retain all of your ownership rights in your Content, but all Freemium Accounts and Partnership Program Accounts are required to grant limited license rights to WyzePal and other users of the Service. These are described in paragraph 8 and 10 of these Terms (Rights you license).

9.3 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable WyzePal to use your Content for the purposes of the provision of the Service by WyzePal, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

9.4 You understand and agree that you are solely responsible for your Content and the consequences of posting or publishing it.

9.5 WyzePal does not endorse any Content or any opinion, recommendation, or advice expressed therein, and WyzePal expressly disclaims any and all liability in connection with Content.

9.6 All content posted, published, recommended or endorsed by WyzePal are provided on an “AS IS” basis as outlined in section 14 of these Terms and Condition documents.

9.7 You agree that your conduct on the service will comply with (and you agree that the content of all of your Content shall comply with) the WyzePal’s code of conduct and where applicable to the terms of ICASA as amended and updated from time to time.

9.8 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for WyzePal to use or possess in connection with the provision of the Service.

9.9 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant WyzePal the license referred to in section 10 below.

9.10 On becoming aware of any potential violation of these Terms, WyzePal reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

9.11 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WyzePal with respect to any such Content.

10. When you upload or post Content to WyzePal, you grant:

10.1 to WyzePal, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and WyzePal’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels; and

10.2 to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.

10.3 The above licenses granted by you in your Content in section 10.2 terminate when you remove or delete your Content from the Service. The above licenses granted by you in section 10.1 above and textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership’s rights, which are retained by you as set out in paragraph 9.2 above.

11. WyzePal’s Content

11.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to WyzePal, and is subject to copyright, trade mark rights, and other intellectual property rights of WyzePal or WyzePal’s licensors.

11.2 Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of WyzePal or, where applicable, WyzePal’s licensors. WyzePal and its licensors reserve all rights not expressly granted in and to their Content.

12. Third Party Content

12.1 The Services may display some content that is not WyzePal’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

12.2 The Service may include hyperlinks to other web sites that are not owned or controlled by WyzePal. WyzePal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

12.3 You acknowledge and agree that WyzePal is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

12.4 You acknowledge and agree that WyzePal is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

12.5 WyzePal encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

13. Ending your relationship with WyzePal

13.1 The Terms will continue to apply until terminated by either you or WyzePal as set out below.

13.2 If you want to terminate your legal agreement with WyzePal, you may do so by

13.2.1 notifying WyzePal at any time and

13.2.2 closing your WyzePal account. Your notice should be sent, in writing, to WyzePal’s address which is set out in paragraph 1.1 above.

13.3 WyzePal may at any time terminate its legal agreement with you if: you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or WyzePal is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

13.4 WyzePal may terminate its legal agreement with you if:

13.4.1 WyzePal is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service;

13.4.2 or the provision of the Service to you by WyzePal is, in WyzePal’s opinion, no longer commercially viable,

13.4.3 and in the case of each of 13.4.1 and 13.4.2 of this section, WyzePal may, where possible, give reasonable notice of such termination.

13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and WyzePal have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of section 10 shall continue to apply to such rights, obligations and liabilities indefinitely.

14. Exclusion of Warranties

14.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

14.2 The Service is provided “as is” and WyzePal makes no warranty or representation to you with respect to it.

14.3 In particular WyzePal does not represent or warrant to you that:

14.3.1 your use of the Service will meet your requirements;

14.3.2 your use of the Service will be uninterrupted, timely, secure or free from error;

14.3.3 any information obtained by you as a result of your use of the Service will be accurate or reliable; and

14.3.4 that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.

14.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.

15. Limitation of Liability

15.1 Nothing in the Terms shall exclude or limit WyzePal’s liability for losses which may not be lawfully excluded or limited by applicable law.

15.2 Subject to the overall provision in paragraph 15.1 above WyzePal shall not be liable to you for:

15.2.1 any direct or indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

15.2.2 any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service; any changes which WyzePal may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; your failure to provide WyzePal with accurate account information; or your failure to keep your password or WyzePal account details secure and confidential.

16. Extension to Limitation of Liability

The limitations on WyzePal’s liability to you in paragraph 15.2 above shall apply whether or not WyzePal has been advised of or should have been aware of the possibility of any such losses arising.

17. General legal terms

17.1 The Terms constitute the whole legal agreement between you and WyzePal and govern your use of the Service and completely replace any prior agreements between you and WyzePal in relation to the Service.

17.2 You agree that WyzePal may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

17.3 You agree that if WyzePal does not exercise or enforce any legal right or remedy which is contained in the Terms (or which WyzePal has the benefit of under any applicable law), this will not be taken to be a formal waiver of WyzePal’s rights and that those rights or remedies will still be available to WyzePal.

17.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

17.5 You acknowledge and agree that each member of the group of companies of which WyzePal is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.

17.6 The Terms, and your relationship with WyzePal under the Terms, shall be governed by South African law. You and WyzePal agree to submit to the exclusive jurisdiction of courts of the Republic of South Africa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that WyzePal shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

17.7 The courts in some countries will not apply South African law to some types of disputes. If you reside in one of those countries, where South African law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of South Africa will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in South Africa, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in South Africa, and you and WyzePal consent to personal jurisdiction in those courts.

18. Trademark

The terms does not grant permission to use the trade names, trademarks, service marks, or product names of the WyzePal, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

Archives

2018 Version https://blog.wyzepal.com/terms-2018/