Terms & Conditions
By using this Website and subscribing to use this Application, you agree to be bound by these terms and conditions and also by the Disclaimer in clause 15. Irrespective of how you were introduced to this Application, the agreement to use the Application is between you and (ABC2 Wealth & Investment (Pty) Ltd (referred to as “Du”).
This Application enables companies and individuals to facilitate the sharing and updating of personal documents and Personal Information.
1. Account Activation and Maintenance
In order to use the Application, you must:
When you subscribe to the Application, you are making an offer to Du who in its sole discretion may accept or decline the offer. The auto response sent to you after you have subscribed does not establish an acceptance of your offer.
A binding agreement comes into force between you and Du when it has notified you that it has accepted your offer and that it will give you access to the Application.
Upon registration of an Account, you:
The Term starts when you subscribe to the Application and continues for as long as you use and pay for its use.
3. Grant of Rights
This Website provides you with information regarding SWX DPO (Pty) Ltd and the Du Application. You may browse, view, copy and download content from the Website when investigating this Application but you may not use this content for commercial purposes to compete with Du. You may complete the sales Process, communicate with Du through the Website, use the Application and the documents the Users shared with you. You have the right to review and correct the Personal Information that you have submitted to the Website when creating your Account. You have the right to update any documents you have uploaded to the Application to ensure they are accurate.
4. API – can be provided on request
Access to the Application via API may be provided upon request. However, any use of the API is bound by these Terms of Service and the following:
5. Payment and Pricing
The debit order will be Processed monthly in advance. After signing up to use the Application, a pro rata payment for that month’s use will be deducted via debit order. However, you may start using the Application immediately pending the payment.
Your continued use of the Application depends on the monthly debit order being successfully Processed.
You agree to be responsible for paying the monthly fees even if you don’t actively use the Application.
If any payment has not been received, your access to the Application will be suspended. If you do not rectify this suspension within 7 days, your access will be permanently revoked and you will no longer have access to the documents you have stored via the Application. Should you want to reinstate your use, you must pay all outstanding amounts. See clause 7 that sets out Suspension and Cancellation terms.
The fees for the use of the Application are agreed between you and Du at the start of the service and will continue for one year thereafter. The fee may be renegotiated at the anniversary of the start date and shall be market related.
Upon subscription and monthly thereafter, Du will send you an invoice for the subscription fees due for the following month. The currency used on the invoices will be US$.
7. Suspension and Cancellation
Either You or Du may end this Agreement at any time and for any reason by giving written notice to the other Party. Your subscription will end on the last day of the next calendar month and you will be obliged to pay for your subscription until the end of the notice period. On the last day of your subscription (i.e. the notice period), Du will:
Du may in its sole discretion temporarily suspend or terminate your access to the Application if:
Du reserves the right to institute criminal action against you for any illegal use of the Website and/or the Application.
8. Refund Policy
If after using the Application you discover it does not meet with your expectations and/or requirements, you may cancel this agreement in terms of clause 7. However, no refunds will be given for the period you used the Application.
Purpose of Collection of Personal Information Du Processes your Personal Information when you register an Account. Du also Processes the Personal Information of your Third Parties but undertakes to only carry out specific operations on your instructions. E.g. we will not consult, share or destroy Personal Information unless you have instructed us to do so. You agree that you have uploaded your Personal Information (and the Personal Information of your Third Parties) voluntarily and that Du may Process it on your behalf.
When using the Application, you are Processing the Personal Information of Third Parties e.g. your clients. This includes collecting, receiving, storing and sharing documents. You therefore have the responsibility to notify the Third Parties of this and to obtain their consent or to justify your Processing as allowed by privacy legislation.
You indemnify Du of any claims by other Users or Third Parties, that Du is Processing the information and documents you uploaded to the Application without their consent or justification. Should you upload Personal Information of Third Parties to the Application, you hereby authorise Du to Process such Personal Information. You further warrant that you have the necessary consents or authority of Third Parties to upload their Personal Information.
Du will Process the Personal Information on your behalf until you delete your Account. See clause 7 about what happens to the data you stored in the Application.
Du Processes Personal Information for the following reasons:
Du will Process only your Personal Information that is necessary for the performance of any contractual obligations in terms of this Agreement and to enable you to use the Application to its fullest extent. However, you are responsible to ensure that you only request minimal Personal Information from your Third Parties.
The privacy of your Personal Information
Du will never disclose your Personal Information or the Personal Information of your Third Parties unless required by a warrant of execution or upon your instruction. We will not sell, distribute or lease the Personal Information to other parties unless we have your permission.
Retention of Records
Provision of Personal Information to the Application is voluntary but incomplete and inaccurate Personal Information may lead to you not being able to fully use the Website and/or the Application.
You may request Du for access to any Personal Information belonging to you that is in its possession, but Du must authenticate the requester before giving out any Personal Information.
Transborder flows of Personal Information.
Since the Website and Application is hosted in the cloud, you hereby consent that the Personal Information you upload to the Application for Processing, may be stored beyond your country of residence. If you will be uploading any Personal Information from Third Parties to the Application, you undertake to notify and obtain the consent of those Third Parties for the transborder flows of their Personal Information.
11. Technical Support
Technical support is only available if your subscription payments are up to date and is only available via email. Send a support request to info@Du.com. All support requests will be attended to within 8 hours of receipt.
12. Notification of Security Breach
If a security breach should occur that may affect the Application, Du will notify you of the breach and describe what happened. In the event that Personal Information is suspected of being compromised, Du will notify you that you need to forward the information to any Third Party that may be affected.
13. Complaints and Disputes
You may complain to Du about the service you received. Du undertakes to resolve disputes internally as far as practically possible. You may lay your complaint by emailing the Customer Relations Department at email addresss: info@Du.com.
14. Intellectual Property Rights
The structure, organisation and content of the Website and Application are protected by law, including without limitation the copyright laws of the Republic of South Africa and by international treaty provisions.
Du either owns or has been licensed to use the copyrights and trademarks in this Website and Application. This Agreement does not grant you any intellectual property rights in the Website and trademarks. Du reserves all rights not expressly granted.
You may not make a copy of this Website and/or the Application or reverse engineer the Application. Breach of this clause is a criminal offence. Should you upload any documents to the Application that contain Intellectual Property owned by you, you retain the ownership in that Intellectual Property.
15. Disclaimer and Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use or inability to use the Website and/or the Application. Du will not be liable for direct or indirect damage that might arise from the use of the Website and/or the Application nor the damage to property or for personal injury or death due to the use and/or misuse of its Application.
Du does not guarantee that the Website and/or the Application are free from malicious code such as viruses, worms and Trojan horses. You must take care of your own online safety and ensure that you have anti-virus protection on your computer. Should you use the Application, you must ensure that you have installed the most up-to-date version of the Application on your device.
Du has not customised the Website and Application to suit your individual requirements and you must ensure that you use appropriate hardware and software to access this Website and/or the Application.
Du does not accept liability for any submissions made in email communications by its employees, resellers and/or referrers that caused damage to you or to Third Parties.
Du provides the Website and Application “as is” and Du makes no warranty as to its use, availability or performance.
Du does not guarantee that the Website and/or the Application are error-free.
Du will not be legally responsible for any delays or failures in performance of any part of the Website and/or Application if the cause is beyond its control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
In case a court of law finds Du liable for direct and/or indirect damage suffered, the damage shall be no more than the fees you paid us for the Service the previous month.
17. Changes to Website and/or the Application
Du reserves the right to amend any information about its Application on this Website. Du may also amend the Application to improve functionality and security of the Application.
18. Electronic Communication
When Du sends an email to you, it is deemed that you have received it when you are capable of downloading the email. When you send an email to Du, it is deemed to have been received when Du replies to the message.
You agree that all electronic agreements, invoices, notices, disclosures and other communications between Du and you, satisfy any legal requirement that such communications be in writing.
19. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002
Full name and legal status of the Website Owner: SWX DPO (Pty) Limited Website address and email address: www.Du.com; info @ Du.com (please note that in order to prevent spam, we have inserted extra spaces before and after the “@” sign. When communicating with Du, please delete those spaces from the email address or use our online form) Physical address and telephone number where services are rendered: Administrative services will be rendered from 17 Fraser Road, Somerset West, 7130. The Application is web based and the servers are located in Ireland.
Postal Address: 17 Fraser Road, Somerset West, 7130 Membership of any self-regulatory or accreditation bodies to which the Website Owner subscribes and its contact details: Not applicable.
Any code of conduct to which the Website subscribes: Not applicable.
Time within which services will be rendered: Unless otherwise agreed, the access to the Application will start on approval of your subscription to the Application. Record of the Transaction. Du will send you a record of your transaction along with your subscription and it will be available to view in your Account along with your monthly invoices; Physical Address where Du will accept legal service of documents: 17 Fraser Road, Somerset West, 7130.
20. Governing Law
The Laws of the Republic of South Africa governs the interpretation and validity of this Agreement.
22. Interpretation and Definitions clause
“Account” means the Account opened when you registered to use the Application and includes all details submitted by you to the Website such as Personal Information; “Application” refers to the document storage and sharing platform that is available as a service through this Website; “Du” includes the directors, shareholders, employees, service providers and agents of SWX DPO (Pty) Limited; “Intellectual Property” refers to any copyrights, moral rights, goodwill, trade marks, source code, software applications, trade secrets or similar intellectual property rights; “Party/Parties” refers to either Du or to you, the company who uses the Application for document storage, sharing and management; “Personal Information” refers to the Personal Information that submit to the Website and/or to the Application. This Personal Information may either belong to you personally or belong to Third Parties whose Personal Information is under your care. It may include the following types of information that you upload to the Website or that Third Parties may share with you:
“Process or Processing” means any operation or set of operations including collection, receipt, collation, storage, updating, modification, retrieval, consultation, use, distribution, merging, linking, restriction and destruction; “Term” means a monthly cycle and starts on the first of every month and includes the pro rata portion of the first month in which you subscribe to the Application; “Third Parties” refer to the individuals whose Personal Information and documents are stored in the Du Application including those individuals who have uploaded their Personal Information to the Application themselves and those individuals whose Personal Information you have uploaded to the Application; “Website” refers to the official website address: www.Du.com “User” means the person or entity accessing this Website and who uses the Application for document management and document sharing purposes and includes the employees of such entities.