M4JAM is a micro jobbing platform of which is owned and controlled by M4JAM Pty Ltd (hereinafter referred to as “M4JAM”), of which herein provides a commercial micro jobbing service as an independent contractor (hereinafter referred to as the “Jobber” and/ or “you”). By providing this service, M4JAM allows its customers to engage with a network of geographically distributed Jobbers to collect and provide a service for which a fee will be given. The terms and conditions set out herein will constitute the terms and conditions to the contract between you and M4JAM once a binding agreement is concluded.
Acknowledgment and Acceptance of Terms and Conditions of the Agreement
The Jobber Agreement (“Agreement”) is an electronic contract that sets out the legally binding terms of the relationship between M4JAM and you. The agreement becomes binding immediately that you accept the offer. By registering to become a Jobber on the Platform, or by accessing or using the Platform, you are required to accept and agree to be bound by these terms and conditions, as well as any policies and notices that exist within the Platform. It is further required for you to read the terms and conditions, acknowledge and understand the terms herein as the onus is placed on you to print and review for your records.
M4JAM reserves the right to amend the terms and conditions, its policies, and any additional terms at any time, including but not limited to;
(a) making the modified provisions available on the Platform; or
(b) at its sole discretion, notifying you directly.
Given M4JAM’s right to change the terms and conditions contained herein, it is possible that the terms and conditions may have changed from the time a previous binding contract was concluded. You are therefore responsible for regularly reviewing these terms and conditions. Continued access or use of the Platform after such amendments are made, shall constitute your consent hereto.
Further to the above, should you not accept these terms and conditions, you will be incapable to take part of any job, until such acceptance has been acknowledged by you.
Capitalized terms shall have the meaning as set out below or elsewhere in the Agreement, unless the context indicates otherwise:
- “Intellectual Property Rights” means:
- copyright, patents, rights in semi-conductor chip topography, Internet domain names and website addresses and other similar rights or obligations, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered);
- applications for registration, and the right to apply for registration, for any of the rights referred to in; and;
- all other intellectual property rights and equivalent or similar rights existing anywhere in the world.
- “Job Data” means the information and data specified in a Job Request for delivery by a Jobber and may include (without limitation) text data, files, graphics, images, photos, voice recordings, location information, works of authorship Personal Information, and other content and material.
- The “Service” means a commercial micro jobbing
- “M4JAM Pty Ltd”, means a South African registered company with registration number 2003/011766/07 with its registered address at 25 Commerce Crescent, Krammerville, Sandton Johannesburg South Africa.
- “Job” means a piece of work that is capable of being completed by a Jobber by using any connected device which (a) interacts with the Platform and (b) delivers the Job Data in accordance with the Job Specifications. Such variations of the job are annexed hereto as Annexure A.
- “Job fee” means the remuneration due to a Jobber following him or her fulfilling his or her obligations as contemplated in the agreement concluded following acceptance of terms and conditions contained herein.
- “Losses” means all losses, liabilities, damages, costs, expenses (including management time and reasonable legal fees) and charges arising from or in connection with:
- any act or omission of a party under the Agreement;
- a breach of any provision of the Agreement by a party; or
- any third party actions, proceedings, claims, allegations or demands
- “Personal Information” has the meaning ascribed to it in the Protection of Personal Information Act, 4 of 2013.
- “Platform” means the micro jobbing solution owned and controlled by M4JAM, the software which forms part thereof, and any other component thereof.
- “Rewards” means cash, coupons, discounts, rewards and other promotional material made available by the Customers to you.
- “Confidential Information” means any and all information or data of any nature and in any format or medium, which by its nature or content is or reasonably ought to be identifiable as confidential and/or proprietary to the disclosing party, or which is provided or disclosed in confidence, or which may come to your knowledge by whatever means, related to (without limitation) M4JAM’s or any Customer’s business (including trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, personnel information, financial data, and proprietary information of third parties).
- “SARS” means the South African Revenue Service
- “Non-disclosure” means the Jobber shall not divulge the terms of the agreement to any third party unless required by law.
- “Breach” means an act of breaking or failing to observe a law within the agreement, and/ or any terms that are not applied in an orderly manner as per the below Agreement.
- “Customer” means a company and/ or person that has engaged with M4JAM and has requested a specific once-off service at a time to be fulfilled by the Jobbers.
- “Job Request” means a specific service as per Annexure A below which may or may not include a specific service and/ or purchase to be fulfilled by an independent contractor, for a prescribed fee.
- “Independent contractor” means a natural person that will provide a services to M4JAM in terms of an agreement concluded in accordance with the terms and conditions contained herein.
- “The agreement” means the contract that is concluded between M4JAM and the Jobber once the Jobber has accepted the terms and conditions contained herein and has accepted a particular job request.
Unless stated otherwise:
- The words “include” or “including” shall be interpreted without limitation to the words following;
- reference to clauses shall be deemed to be clauses of this Contract;
- the headings in this Contract are for convenience only and shall not affect their interpretation;
- the singular shall include the plural and vice versa;
- Reference to any statute, statutory provision or regulation shall be construed as a reference to that statute, provision or regulation as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
- BECOMING A JOBBER
- By registering to become a Jobber and accepting a Job Request, you agree to use your best efforts to perform the Job such that the Job Data meets the Job Specifications.
- By accepting a Job Request, you agree to provide the Job Data for the Job Fee, or, if the Job Data requires you to purchase specified goods, you agree to purchase such goods and provide the relevant Job Data, in exchange for a Product Discount in respect of the goods so purchased, as specified in the Job Request.
- You should not accept a Job Request unless you are sure that you understand what you are required to deliver, and that you are able to do this at the quality expected by the Customer, and where you are expected to purchase goods, on such terms and conditions as may be indicated by the Customer. You are, as a minimum, required to have a connected device which is capable of (a) interacting with the Platform and (b) delivering the Job Data in accordance with the Job Specifications and the quality specified therein.
- M4JAM, at its discretion, may allow more than one Jobber to accept a Job. The Job Request will no longer be available to other Jobbers once that Job has been accepted for performance, or the Job has been completed.
- You accept that, where more than one Jobber has accepted a Job, the Jobber who first provides the Job Data will be entitled to the Job Fee. For a Product Discount, the Job request may only be available for a maximum number of Jobbers, in which case, where more than one Jobber has accepted a Job, the first Jobbers up to the maximum amount will be entitled to the Product Discount.
- M4JAM may withdraw a Job Request at any time prior to you providing the Job Data for whatever reason and without notification to you.
- It must be agreed that by becoming a Jobber, it is in fact a permitting and/ or appointing a piece of work by any customer of M4JAM and that it is a reciprocal contract between M4JAM and you, as an, independent contractor in which a specific job is carried out within a certain time period as prescribed in the job and in which M4JAM undertakes to pay the job fee upon completion.
- It is further understood at no point in time as a Jobber, you are an employee of M4JAM and/ or any of its affiliates. As a Jobber you understand and accept of the following;
2.8.1 Acceptance of a new appointment to perform a job constitutes a new agreement (contract). Once all duties and obligations in terms of an agreement have been completed, that agreement (contract) ceases to be of force and/or effect;
2.8.2 The onus is on the Jobber to ensure all personal tax is in order and registered with SARS as a provisional tax payer;
2.8.3 You as the Jobber, can work your own hours;
2.8.4 The Jobber can run his own business and/ or be employed and/ or carry out work for others;
2.8.5 The Jobber must invoice M4JAM for the work, as an extra benefit, these invoices will be raised on and behalf of you and may be requested at any time; and
2.8.6 There is no usual employment, as this does not constitute an employment contract but rather an independent contractor. Therefore, there will be no benefits inter alia, including but not limited to; UIF; PAYE; bonus and/ or incentives; car allowance; annual leave; sick leave
- USE OF THE M4JAM PLATFORM
You agree to use the Platform subject to, and in accordance with the following:
- You warrant and represent that you are at least 18 years old.
- You are responsible for any activity that occurs through your account and you warrant that all information that you provide to us upon registration and at all other times, will be true, accurate, current and complete and done so in good faith. You further agree to update your information as necessary to maintain its truth and accuracy.
- You may not use more than one formal Jobber account, irrespective of the number of devices used, and you will not solicit or use the login credentials of another Jobber at any time, by doing it will constitute a breach.
- You may not use the Platform for any illegal or unauthorized purpose. You agree to comply with all legislation, rules, notices, policies, directives, industry codes, and regulations applicable to your access and use of the Platform and your execution of the Job Assignment. By committing any of the above as described in this clause, M4JAM will, at its sole discretion, be permitted to forthwith terminate your access to the platform and/or to terminate any agreement concluded with M4JAM. Under such circumstances, M4JAM shall be entitled to recover from you any damages that it may be entitled to in law.
- You may not post violent, nude, racial, discriminatory, unlawful, infringing, hateful, pornographic, sexually offensive or suggestive material, or any other offending information or content on our Platform, or create or direct any unwanted emails, comments, or other commercial or harassing communications to the Customers or other Jobbers.
- You are responsible for protecting your login and account details, including your password, bank account details, and any other Personal Information.
- You may not access the Platform by any other means than those officially permitted by M4JAM.
- You may not interfere or disrupt the Platform, or any third party services or networks linked thereto, including by transmitting any malware, spyware, viruses, worms or introducing destructive or malicious code or by creating accounts on our Platform through unauthorized means, including by automated device, script, bot, spider, crawler or scraper.
- We reserve the right to refuse your access or use of the Platform at any time.
- You agree that you are responsible for all charges that you incur under or in connection with the Agreement (including (without limitation) data charges, the costs incurred by you in executing a Job and the transaction fees of a cash withdrawal by you as provided for in clause 5.2 below).
- You acknowledge that the Platform, is provided on an "as is", "as available" and "with all faults" basis.
- To the fullest extent permitted by law, neither M4JAM nor its shareholders or affiliates, nor any of their employees, managers, officers or agents (collectively the "M4JAM Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
- the availability or reliability of the Platform;
- the content on the Platform;
- the availability or quality of the Jobs posted on the Platform;
- the security associated with the transmission of information and Job Data by you to us, or by us to you via the Platform, or
- that the Platform is free from any harmful components, including (without limitation) viruses.
- The M4JAM Parties do not make any representations or warranties that the information (including the Job Specifications and any other instructions) on the Platform is accurate, complete, or useful. You acknowledge that your use of the Platform is at your sole risk. You also acknowledge that we are not responsible for any Job Request posted by a Customer on the Platform and that we do not endorse any Jobs.
- JOB DATA
You agree that you will use the Platform to provide the Job Data for each Job Request to M4JAM on and/ or before the applicable Job Completion Date as prescribed on each job provided.
4.2.1 You agree that the Customer who placed a Job Request on the Platform will including, but not limited to; own all rights, titles and/ or interest in the Intellectual Property Rights subsisting in or arising in connection with that Job Data.
- You hereby irrevocably and unconditionally cede, transfer and assign to M4JAM, without further consideration, all right, title and interest of all present and future Intellectual Property Rights owned by you anywhere in the world subsisting in or in connection with each set of Job Data, as may be necessary to give effect to the cession, assignment and transfer by M4JAM to the Customer who placed the relevant Job Request, of all present and future Intellectual Property Rights subsisting in or arising in connection with the Job Data, prior to the creation of those Intellectual Property Rights.
- You irrevocably and unconditionally waive any and all moral rights relating to the Intellectual Property Rights in and to any Job Data, together with any other rights which you may enjoy under any legislation existing in the future, in any part of the world to the extent permitted by any such legislation.
- However, you agree that if any Intellectual Property Rights, including moral rights, cannot (as a matter of law) be assigned by you to us, and in turn to the Customer, as contemplated above, then;
- you unconditionally and irrevocably waive the enforcement of such rights and all claims and causes of action of any kind against us and/or the Customer, with respect to such rights, and
- to the extent that you cannot (as a matter of law) make such waiver, then you unconditionally grant to us an exclusive, perpetual, irrevocable, worldwide, fully-paid license, with the right to sublicense through multiple levels of sub-licensees, under any and all such rights to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit and otherwise use each set of Job Data in any medium or format, whether now known or hereafter discovered, and
- to exercise any and all other present and/ or any future rights that may or may not come into effect and/ or may or may not be applicable in each set of Job Data.
4.2.5 You furthermore agree that we may grant the Customer a sub-licence in respect of the Job Data which is no less favourable than the licence granted by you to us in respect of such Job Data.
4.2.6 At M4JAM’s request, you will
18.104.22.168 Cooperate and assist M4JAM both during and after the term of the Agreement, in perfecting, maintaining, protecting and enforcing M4JAM or a Customer’s rights in and to the Job Data; and execute and deliver to M4JAM any document deemed necessary and/ or appropriate by M4JAM in its discretion to perfect, maintain, protect or enforce M4JAM and/ or a Customer’s rights regarding to the Job Data and/ or otherwise carry out the purposes of the Agreement.
22.214.171.124 You hereby irrevocably designate and appoint M4JAM and its duly authorized officers and/ or any of its employees and agents as your agent. By doing so you hereby authorise them to act for and on your behalf and to execute, deliver and file any and all documents with the same legal force and effect as if executed by you, if M4JAM and/ or a Customer is unable for any reason to secure your signature on any document needed in connection with the actions described in this clause.
126.96.36.199 You are solely responsible for your conduct under the Agreement and each Job Engagement, and all Job Data and any other material that you submit on the Platform or otherwise under the Agreement.
188.8.131.52 The Jobber will conduct themselves in a professional manner at all times.
184.108.40.206 You hereby indemnify, defend and hold harmless M4JAM from all Losses including but not limited to;
220.127.116.11.1 arising and/ or resulting from, or in connection with, any actual or threatened claim,
18.104.22.168.5 cause of action, or other proceeding by any Third Party (including the Customer) (a “Claim”) arising from or in connection with the cession, assignment and transfer or sub-licensing of the Intellectual Property Rights in and to the Job Data under this clause 4, including (without limitation) any Claim that such Intellectual Property Rights infringe the Intellectual Property Rights of a Third Party or otherwise.
- M4JAM shall transfer the Job Fee, or an amount equivalent to the Product Discount (as specified in the Job Specifications of which is attached hereto as Annexure A), for each Approved Job within fifteen (15) calendar days of the Customer’s approval of the Job Data concerned.
- M4JAM will transfer all Job Fees, or Product Discount amounts, due to the Jobber into the Jobber’s M4JAM wallet on the Platform.
- You are entitled to accumulate Job Fees, or Product Discounts, and withdraw money from your M4JAM wallet from time to time, provided that:
- The minimum amount for a withdrawal is R 25.00 (twenty five rand) per day with the maximum amount capped at R1,000.00 (one thousand rand) per day ; and
- A maximum amount of withdrawal per month may not exceed R25 000.00 (twenty five thousand rand); and
- Each withdrawal will attract the then current transaction fee of M4JAM.
- M4JAM will not transfer the Job Fee, or an amount equivalent to the Product Discount, for a Job if you are in breach of any of your obligations under the Agreement and/or should the Customer rejects the Job Data because the data doesn’t meet the Job Specifications or quality requirements.
- You acknowledge that in the event of a breach of your obligations as contemplated in clause 5.3.4 above, you will not have any claim against us for the Job Fee, or Product Discount. You unconditionally and irrevocably waive the enforcement of any rights and all claims and causes of action of any kind against us and/or the Customer, with respect to such rights.
- All Job Fees and Product Discounts are quoted in and will be transferred in Rand (South African Rands).
- Invoices for the services as per the job completed will be raised from M4JAM on your behalf of which such invoices can be requested at any time as mentioned above.
- You are responsible for paying all applicable taxes and for all expenses incurred by you in connection with the Jobs and/ or otherwise performing your obligations under the Agreement.
- We strongly recommend that you obtain independent professional advice regarding the tax consequences arising from the receipt of any Job Fees or Product Discounts. M4JAM will not be liable in any manner for unpaid tax arising for any job completed on the platform at any time.
- We may be obligated by law to obtain tax information from you. If we request tax information from you and you do not provide it, we may (in addition to any other rights or remedies available to us) withhold your Job Fees, and/ or Product Discounts, until you provide such information as per this clause 5.9 and/ or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
- INDEPENDENT CONTRACTOR RELATIONSHIP
- Nothing in these terms and conditions and/or any agreement concluded as a consequence of acceptance of these terms and conditions, is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between you and M4JAM on the one hand, and/ or between you and the Customer on the other hand.
- As a consequence of you being an independent contractor, you will not claim any tax return and/ or benefits from us, or proceed in any way, directly or indirectly, which may involve M4JAM in a way that is inconsistent with your status as an independent contractor.
- You are not the agent of M4JAM and/ or any Customer and you are not authorised, and must not represent to any third party that you are authorised, to make any commitment and/ or otherwise act on behalf of M4JAM and/ or a Customer. Should you represent yourself other than an independent contractor, M4JAM may at its discretion proceed with any legal action and or necessary measure to repair any relationship by the Jobber’s misrepresentation herein.
6.4 You are not entitled to or eligible for any benefits that M4JAM may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, M4JAM will not withhold or make payments for PAYE, UIF or disability insurance contributions, or obtain workers’ compensation insurance on your behalf.
6.5 You are solely responsible for filing all tax returns and submitting all payments as required arising from the payment of Job Fees, or Product Discounts, to you under the Agreement, and you agree to do so in a timely manner. If applicable, M4JAM will report the Job Fees, or Product Discounts, transferred to you under the Agreement to the South African Revenue Services as required by law. We recommend that you obtain independent professional advice regarding the tax consequences arising from the receipt of any Job Fees or Product Discounts
6.6 Compliance with Law
6.6.1 You will comply with all applicable laws governing independent contractors, including laws requiring the payment of taxes.
6.6.2 Should you, notwithstanding your status as an independent contractor, for any reason be considered to be an employee of M4JAM (Pty) Ltd by the South African Revenue Service for purposes of the Fourth Schedule to the Income Tax Act 58 of 1962, you agree and undertake to reimburse us for any interest and penalties imposed on us by the South African Revenue Service for not withholding employees' tax from payments made to you.
- Use and Disclosure;
During the term of the Agreement and at all times thereafter, you will;
- hold all Confidential Information in strict confidence; and
- refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by the Agreement, and
- refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining M4JAM’s express prior written consent and then only on a case-by-case and need-to-know basis.
- Standard of Care;
You will protect the Confidential Information from unauthorised use, access, and/ or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature, and with no less than reasonable care.
- Reverse Engineering;
You will not attempt to reverse engineer, and/ or change, modify, adapt or alter the Platform, any software, or any applications or items provided by M4JAM, including (without limitation) those that use, embody, or contain Confidential Information.
Your obligations under clauses 7.2 and 7.3 will terminate with respect to any particular information that you can prove, by clear and convincing evidence;
- you lawfully knew prior to M4JAM’s first disclosure to you; and
- a third party rightfully disclosed to you free of any confidentiality duties or obligations, and/ or
- is, or through no breach of any confidentiality provisions has become, generally available to the public. Additionally, you will be permitted to disclose Confidential Information to the extent that;
- such disclosure is expressly approved in writing by M4JAM, and/or
- is required by law or court order, provided that you immediately notify M4JAM in writing of such required disclosure (to the extent that this is allowed under law or regulation) and cooperate with M4JAM, at M4JAM’s’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure.
- Removal; Return;
Upon M4JAM’s request and upon any termination or expiration of the Agreement, you will promptly;
7.5.1 return to M4JAM or, if so directed by M4JAM destroy, all tangible embodiments of the Confidential Information (in every form and medium);
7.5.2 permanently erase all electronic files containing or summarizing any Confidential Information, and
7.5.3 certify to M4JAM in writing that you have fully complied with the aforementioned obligations.
- NO CONFLICTS
The Jobber represents and warrant that you are not subject to any contract or duty that would be breached by entering into or performing your obligations under the Agreement, and/ or that is otherwise inconsistent with the Agreement.
- REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
9.1 You will not, in the course of performing any Job, infringe or misappropriate, the Job Data nor any element thereof and will not infringe or misappropriate, any Intellectual Property Right of any third party;
9.2 All Job Data and all elements thereof are your original works and you have all rights necessary to grant the rights set forth in the Agreement;
9.3 Neither the Job Data nor any element thereof will be subject to any restriction, mortgage, lien, claim, pledge, security interest, or encumbrance when delivered by you to M4JAM;
9.4 You will not grant, directly or indirectly, any right or interest in the Job Data or any part thereof to any other person;
9.5 You have full right, power, and authority to enter into and perform the Agreement without the consent of any third party (including any of your current or former employers); and
9.6 The Job Data will fully conform to the Job Specification and any other requirements and terms contained herein, and will be of a professional and workmanlike quality.
9.7 In the event of a breach of any of these warranties by you, M4JAM shall be entitled, without limiting any other rights or remedies that M4JAM may have, either in law or under the Agreement, to instruct you to promptly replace the Job Data at no additional charge to M4JAM.
9.8 You will indemnify and hold harmless M4JAM and its affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, claims and other expenses (including attorneys’ costs and fees) arising from or in connection with any breach by you of any provision, representation, warranty or obligation in the Agreement, or any Job, including (without limitation) your infringement of any right of any third party (including (without limitation) infringement of Intellectual Property Rights, confidentiality, privacy, or damage to property). M4JAM reserves the right to assume the exclusive defence and control of any matter under this clause 9, and you will not settle any claim without the prior written consent of M4JAM.
- LIMITATION OF LIABILITY
- M4JAMs’ total liability to the Jobber shall be limited in respect of each Approved Job, to 100% of the Job Fee, and/ or Product Discount, paid to the Jobber.
10.2 In no event will M4JAM be liable to you in contract and/ or delict (including negligence), or breach of statutory duty, or otherwise, for any indirect, exemplary, special, punitive, incidental or consequential losses or damages of any kind whatsoever and howsoever caused, even if foreseeable or if M4JAM has been advised of the possibility of such damages (including loss of profits, loss of goodwill, loss of data, loss of business, loss of revenue), arising under or in connection with the Agreement and (without limitation);
10.2.1 the Platform;
10.2.2 the content on the Platform;
10.2.3 the number of available Jobs at any one time or the quality thereof ;
10.2.4 your use of, inability to use, or the performance of the Platform;
10.2.5 any claim or alleged claim by a third party that you have infringed the third party’s
Intellectual Property Rights in the performance of your obligations under the Agreement, or where M4JAM has reason to believe that you have infringed M4JAM’s or a third party’s Intellectual Property Rights;
10.2.6 any errors or omissions in the Platform's operation; or
- any damage to your computer, mobile device, or other equipment.
- PERSONAL INFORMATION
- Your privacy is very important to M4JAM and we will ensure that any information, including Personal Information, provided by, or collected from you, is stored in a secure manner.
- You agree to give honest, accurate and current information about yourself to us and to maintain and update such information when necessary.
- Your hereby consent that M4JAM is entitled to make your Personal Information available to those Customers for whom you perform Jobs from time to time, and that M4JAM and/or such Customers are entitled to use your Personal Information from time to time to;
- contact you directly (also in relation to the Job Data);
- send Direct Marketing to you (as defined in section 1(a) of the Protection of Personal Information Act, Number 4 of 2013); and/or
- send Rewards to you.
- You agree that M4JAM and/or such a Customer will be entitled to approach you on at least one occasion for the purposes set out in the clause above being 11.3.1 to 11.3.2 (the “First Contact”).
- You can unsubscribe from receiving such communications, Direct Marketing and/or Rewards from M4JAM and/or the Customers after the First Contact, by either;
- unsubscribing on the facilities provided by the Customer, and/or
- texting “unsubscribe” from your mobile device which is registered with us, to such number as we may notify you of from time to time.
- You acknowledge that any Personal Information supplied to us by you under the Agreement is provided voluntarily.
- By submitting any information to us in any form you further acknowledge that such conduct constitutes an unconditional, specific and voluntary consent to the processing of such information by us or our processors under any applicable law in the manner contemplated above, which consent shall, in the absence of any written objection received from you, be indefinite and/or for the period otherwise required in terms of any applicable law.
- M4JAM will, subject to clause 11.3, obtain your consent before exchanging, transferring, renting or otherwise making available any Personal Information about you (such as name, address, email address, telephone or fax number) to other parties.
- Should you believe that we have utilised your Personal Information contrary to applicable law, you shall first resolve any concerns with us. If you are not satisfied with such process, you have the right to lodge a complaint with the Regulator, once established.
- M4JAM may terminate this platform and the terms and conditions contained in it, in whole or in part, immediately and at any time without cause and for its convenience with or without any notification and/or reason
- In the event of this platform and its terms and conditions being withdrawn in full:
- you no longer have access to or use of this platform; and
- all rights and licences granted to you in terms of the agreement and/or these terms and conditions will immediately cease.
12.3 You are at liberty to cease accessing this platform and/or concluding agreements in terms of it at any time. This will not relieve you of obligations that will have arisen as a consequence of a prior agreement having been concluded.
- Should this platform be withdrawn and/or you cease accessing the platform, the provisions of sections 1, 4.2, 7, 10 and 15 will nevertheless survive and will not affect a party’s rights and obligations under the agreement which existed prior to the expiration or termination.
13.1 Save as otherwise provided in the Agreement, should any Party ("the defaulting Party") commit a breach of any of the provisions of the Agreement, then the other Party ("the aggrieved Party") shall be obliged to give the defaulting party 7 (seven) days written notice to remedy the breach. If the defaulting Party fails to comply with such notice, the aggrieved Party shall be entitled to cancel the Agreement.
- The provisions of this clause are without prejudice to such other rights as the aggrieved Party may have at law, subject always to any contrary provisions of the Agreement.
- You acknowledge that any breach of the Agreement by you would cause irreparable injury to M4JAM for which monetary damages would not be an adequate remedy and, therefore, M4JAM will be entitled to interim relief (including specific performance). The rights and remedies provided to each party in the Agreement are cumulative and in addition to any other rights and remedies available to such party at law.
- Without in any manner limiting the generality of any rights which exist at common law or otherwise, material breach shall include:
- the defaulting Party failing to pay any amount to the aggrieved Party as and when due in terms of the Agreement;
- the defaulting Party failing to perform its material obligations as set out in the Agreement which breach goes to the root of the Agreement and is incapable of being remedied by payment in money, or if it is capable of being remedied by payment in money, the defaulting Party fails to pay the amount concerned within 7 (seven) days after such amount have been finally determined and such failure to perform is not corrected within 7 (seven) days of written notification of such failure from the other Party;
- GOVERNING LAW
The Agreement shall be governed in all respects by the laws of the Republic of South Africa.
- ARBITRATION AND DISPUTE RESOLUTION
15.1 If any dispute, controversy or claim arises between the parties under, out of, or in relation to the Agreement, including any dispute concerning the formation, construction, interpretation, or breach of the Agreement or a party’s performance of its obligations hereunder (“Dispute”), the parties shall attempt in the first instance to resolve the Dispute through mutual good faith consultation.
15.2 If the Dispute is not resolved in this manner within thirty (30) days of a party’s notice of a Dispute, then either party may serve a notice on the other party requiring the Dispute to be submitted to arbitration as provided for in this clause 15.
15.3 The arbitration shall take place in accordance with the AFSA Arbitration Rules in force at the time of the dispute. The appointing authority in terms of the AFSA Arbitration Rules shall be the Association of Arbitrators (South Africa). Unless agreed otherwise the mediation and the arbitration shall be administered by M4JAM. The number of mediators shall be 1 (one) and the number of arbitrators shall be 1 (one). The place of the mediation and the arbitration shall be in Sandton- Johannesburg, South Africa.
15.4 This dispute and arbitration agreement will survive the termination of any or all of your transactions and relationship with us.
15.5 Severability. If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- The Agreement and your rights and obligations under the Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part by you without M4JAM’s express prior written consent. Any attempted assignment, delegation, or transfer in breach of the foregoing will be null and void.
- M4JAM may assign, delegate, or transfer the Agreement, in whole or in part, or any of its rights under the Agreement to any third party without your prior written consent.
- DOMICILIA AND NOTICES
- M4JAM may give any notice required by the Agreement by means of a general notice on the Platform, electronic mail to your email address on record with M4JAM, or electronically via your cell phone number on record with M4JAM. Such notice shall be deemed to have been given once the notice was posted, or the email or text message sent.
- You may give written notice to M4JAM, addressed to the attention of M4JAM. Such notice shall be deemed given when received by M4JAM by email at the following address: info@M4JAM.com.
Our failure to insist upon or enforce strict performance of any provision of the terms and conditions agreed upon will not be construed as a waiver of any provision or right. No waiver of any of these terms and conditions will be deemed a further or continuing waiver of such term or condition or any other term or condition. In any event, any waiver has to be reduced to wiring and signed by both parties.
- The Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and substitutes all prior or contemporaneous communications and understandings between the parties.
- In the event that you provide M4JAM with any feedback regarding the Platform, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions, you hereby agree that M4JAM may use such feedback for its own internal purposes in any way it may deem fit.
- M4JAM reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform and/or the Service (or any part thereof) with or without notice. You agree that M4JAM shall not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Platform and/or Service.