August 2024 | Version 1.0

1. Introduction

We are AephoriaLab (Pty) Ltd, the provider, and you are our customer under these terms. These are the general terms of our relationship with you. They cover any transactions where we provide services to you.
An order contains the commercial terms of a specific transaction and incorporates these terms.

2. Agreement

2.1. Composition. This agreement consists of the terms and any order or any other specific terms applicable to the services.

2.2. Definitions. In this agreement:

assessment means the assessment link and the assessment it gives you access to which you purchase when you place the order;

business day means any day other than a Saturday, Sunday, or holiday (including a public or bank holiday) in the Republic of South Africa;

business hours means our normal business hours on business days;

calendar day means a day counted from midnight to midnight and includes all days of the month, including Saturdays, Sundays, and public holidays;

EULA means the end-user licence agreement between us and a natural person that accesses an assessment and which is available at https://aephoriagroup.com/eula/

order means an order form on our website which you agree to when you continue to order our services through our website;

privacy policy means our privacy policy available here https://aephoriagroup.com/company-policies/.

services mean any Internet-based services we or related persons provide to you including assessments or reports generated based on a completed assessment;

terms means the terms, consisting of:
• these general terms;
• an order;
• the EULA; and
• any other relevant specific terms, policies, disclaimers, rules, and notices agreed between the parties;

we, us, or our means AephoriaLab (Pty) Ltd (Registration no.: 2023/875633/07), the owner of the services and website. It includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability;

you or your means a natural person who enters into this agreement to purchases an assessment for the purpose of completing that assessment themselves;

website means https://aim.aephoria.co.za/;

3. Services

3.1. Licence. We grant you a limited non-exclusive licence to use the service in accordance with these terms.
You may not transfer this right to anyone else. We may cancel your licence at any time for any reason.
Your licence is automatically cancelled if you do not get our written permission before using the services in a way these terms do not allow.

3.2. Records. You agree that our records are undisputed evidence of the services provided to you. 4.

4. Orders

4.1. Placing orders. You place orders with us when you complete an order form on our website.

4.2. Capacity and authority. You represent and warrant that you have the legal capacity and authority to enter into the agreement.

4.3. Cancellations. We may cancel any order at any time in our absolute discretion, but we will refund any money you have paid if we do.

4.4. Time and place. We conclude this agreement when we accept the order and where we are domiciled when we do. We do not need to communicate the acceptance of the offer to you.

5. Data and privacy

We respect your privacy and take the protection of personal information very seriously. Our Privacy Policy describes how we collect, store use and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person

6. Disclaimer of warranties

6.1. Disclaimer. You use the services at your own risk and we disclaim all other warranties to the extent allowed by applicable law. We are not liable for any defect that you cause or a third party causes.

6.2. Exclusion of liability. Despite our warranties, we are not liable for any defects that your negligence, failure to follow our instructions, or misuse causes.

7. Your warranties

7.1. Agreement warranties. You warrant that:
• no one has induced you to enter into this agreement by any prior representations, warranties, or guarantees; and
• you are not breaching of any other agreement by entering into this agreement.

7.2. Indemnity. You indemnify us against any claim for damages by any third party resulting from a breach of these warranties, including all legal costs. Legal costs will be on an attorney and own client basis if permissible under applicable law.

8. Fees and payment

8.1. Payment. You will pay us the fees in accordance with the order and at the time and on the date of placing the order.

8.2. Tax. All fees exclude any tax (unless indicated otherwise), which you will pay where applicable in addition to the fees.

8.3. Payment methods. We accept the following payment methods through the payment gateway:
• debit card,
• credit card, or
• Pay by Bank – EFT payments.

8.4. Payment gateway terms and conditions. All payments you make through our website are processed by our payment gateway. By making a purchase, you authorise the payment gateway to process your transaction and agree to abide by their terms and conditions.

8.5. Security. The payment gateway handles all debit and credit card transactions on our behalf, uses industry-standard encryption and security measures to protect your payment information.

8.6. Our liability. We are not liable for any direct or indirect losses or damages that arise solely from the actions or failures of the payment gateway, to the extent permitted by applicable law.

8.7. Payment verification. A Certificate Authority (or CA) checks, verifies, and certifies our payment gateway’s company registration documents and domains to ensure that nobody can impersonate them to get your payment information.

8.8. Secure URL. Once you begin the payment process, your browser will establish a secure Internet connection with our payment gateway. You can see this when the website URL changes from ‘http’ to ‘https’ and a small padlock symbol appears.

8.9. Refunds and cancellations. We will process refunds according to our refund policy and will issue refunds through the payment gateway. Please refer to our refund policy for more details.

8.10. Disputes. If you have any disputes regarding a payment, please contact hello@aephoria.co.za.

8.11. Indemnification notice.
You agree to indemnify and hold us harmless from any direct or indirect claims, damages, losses, or expenses (including legal fees) arising from your breach of these terms or misuse of the payment gateway, to the extent that such claims are not due to our own negligence or intentional breach of duty.

8.12. Consumer Protection. Nothing in this agreement is intended to limit your rights as a consumer under the Consumer Protection Act 68 of 2008 or any other applicable legislation

9. Limitation of liability

9.1. Direct damages limited.
To the extent permitted by applicable law, regardless of the form (whether in contract, delict or any other legal theory) in which any legal action may be brought, our maximum liability to a you for direct damages for anything giving rise to any legal action will be an amount equal to R100.

9.2. Indirect damages excluded.
To the extent permitted by applicable law, in no event will we (or our personnel) be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from the agreement.

9.3. Your default.
We are not liable for any damage or loss that your breach, misrepresentation, or mistake causes.

10. General

10.1. Resolving disputes. Either party may inform the other in writing if there is a dispute. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.

10.2. Notices and domicile. The parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents.
The parties may change either address on 14 calendar days written notice to the other.

10.3. Governing law. South African law governs this agreement.

10.4. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you in connection with this agreement, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to either party’s right to institute any action in any other court having jurisdiction.

10.5. Entire agreement. This agreement is the entire agreement between the parties on the subject.

10.6. Changes. We may change the terms at any time. If you do not agree with the change, you must stop using the services or the changed terms will apply to you. Any changes will only apply to future orders if we change this agreement.

10.7. Waiver. Any favour we may allow you will not affect any of our rights against you.

10.8. Severability. Any term that is invalid, unenforceable, or illegal may be removed from this agreement without affecting the rest of it.

10.9. Survival. The termination, cancellation, or expiry of this agreement will not affect the enforceability of the terms that are intended to operate after expiry or termination.

© Aephoria drawn up by Michalsons