Terms and Conditions of for the use of the TechPozi.com Portal

These terms and condition are binding and enforceable to all persons that applies to be a public and Franchisee and access the TECHPOZI web site or any part thereof in terms of section 11(3) of the electronic communications and transactions (ECT) act 25 of 2002. If you do not agree to these terms and conditions you must leave the TechPozi web site now, as further use will automatically bind you to these terms and conditions

Definitions and interpretation

a.

“TechPozi” is a Franchise Website owned by TechPozi ICT Solutions (Reg 2018 / 390008 / 07).

b.

“TechPozi website” is the website located at www.TechPozi.com and includes any part or element thereof ;

c.

“TechPozi Service” means the service provided on the TechPozi platform in which the TechPozi team will provide franchise under the brand TechPozi. The franchise opportunity is then managed using the TechPozi Franchise Agreement as well as the TechPozi Operating Protocol. The TechPozi service is also available to the public who will be serviced by TechPozi outlets and can interact with the TechPozi website.

The TechPozi service also includes events organised by TechPozi.

d

“TechPozi Franchisee ” means an individual who applies and approved by TechPozi to own and operate a TechPozi outlet. . 

d.

TechPozi and its owners , do not take ALL legal responsibility on the accuracy of non TechPozi information as this information will be passed as it is. Should there be any changes and these changes are communicated to the TechPozi then the changes will be passed. 

e.

Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

1.

General

TechPozi was established with the purpose of empowering its Franchisees with information that is relevant to the Franchisees as well as giving TechPozi clients an online platform to interact with TechPozi. Franchisees hereby requests TechPozi to represent them in obtaining the information relevant to the Franchisees.  All of this information will be supplied to the Franchisee’s via email, the TechPozi Application and via other texting possibilities including the SMS. The TechPozi clients also need to be given an online platform to interact with TechPozi services. 

2.

Allowed Use & License


2.1

TechPozi licenses the User who is interested in TechPozi service to view, and use the content of any of the TechPozi for personal and commercial purposes only within the TechPozi Franchise Processes.


2.2

Content from the TechPozi web sites and Applications shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of TechPozi. Users may only access and use the TechPozi web site for legal purposes, except when it is used within the TechPozi Franchise processes..


2.3

The TechPozi SOP sent by TechPozi to Franchisees are protected by Copyrights and Franchisees are accepting these copyright conditions and will not reproduce or copy the TechPozi SOP or part of,  for any reason.


2.4

The caching of the TechPozi web site shall only be allowed if:



2.4.1

The purpose of the caching is to make the onward transmission of the content from the TechPozi web site more efficient;



2.4.2

The cached content is not modified in any manner whatsoever;



2.4.3

The cached content is updated at least at regular intervals determined by TechPozi



2.4.4

The cached content is removed or updated when so required by TechPozi.


2.5

If any User uses content from the TechPozi web site in breach of the provisions detailed herein:



2.5.1

TechPozi reserves the right to claim damages from the User;



2.5.2

TechPozi reserves the right to institute criminal proceedings against the User; and



2.5.3

TechPozi shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.


2.6

External information to the TechPozi service from any other source shall be directed through the relevant platforms of the TechPozi service. TechPozi shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the TechPozi service, if such content was obtained from a third party.


2.7

Users may quote small and reasonable amounts of content available from the TechPozi if such quote is placed in inverted commas and acknowledged as being owned by TechPozi.


2.8

No person may frame the TechPozi, without the prior written consent of TechPozi


2.9

Apart from bona-fide search engine operators and use of the search facility provided on the TechPozi Service by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the TechPozi web site for any purposes, without the prior written consent of TechPozi.


2.10

All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by TechPozi at any time without giving reasons therefore.


 2.11

 The payment made to TechPozi by the Franchisee  or user is payable to cover the costs of the Franchisor costs of delivering the TechPozi Service. 

3


TechPozi Membership options

 

3.1

Upon accepting these Terms and Conditions, the Franchisee is mandating and requesting the TechPozi team to deliver TechPozi Franchisor services to the Franchisee

 

3.2

Upon registering as a TechPozi client, the member of the public agrees to be a client of TechPozi and will be treated as a client in which TechPozi can receive orders from the client and the client will pay for such order. Furthermore, TechPozi will be able to deploy one of its outlets to fulfil the order in a manner consistent to the conditions of the order when it was placed. 

4.

Intellectual Property Rights & Domain Name Use


4.1

All intellectual property in the TechPozi service provision, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of TechPozi and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the TechPozi web site are expressly reserved.




5.

Software & Equipment

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the TechPozi web site and/or download allowable content from this web site.

6.

Disclosures Required by Section 43 of the ECT Act

Access to the services, content, software and content downloads available from the TechPozi web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and TechPozi has the duty to disclose the following information:


6.1

The full name and legal status of the web site owner: TechPozi, a company registered in South Africa


6.2

Postal address: 4 Pieter Wenning Rd, Witkoppen, Sandton, 2068;


6.3

email address: franchiserelations@TechPozi.com


6.4

Main business:  4 Pieter Wenning Rd, Witkoppen, Sandton, 2068


6.5

The web site address of the TechPozi web site is: http://www.TechPozi.com;


6.6

The official e-mail address of the TechPozi web site is:franchiserelations@TechPozi.com;





6.7

Management: The management profile of TechPozi is available by emailing franchiserelations@TechPozi.com;


6.8

Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:



6.9.1

access to the TechPozi web site;



6.9.2

the inability to access the TechPozi web site;



6.9.3

the services and content available from the TechPozi web site; or



6.9.4

these terms and conditions,



shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;


6.10

Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do apply to this web site; and


6.11

Users may lodge complaints concerning the TechPozi web site with TechPozi , feedback@TechPozi.com

7.

Changes & Amendments

TechPozi expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:


7.1

change these terms and conditions;


7.2

change the content and/or services available from the TechPozi web site;


7.3

discontinue any aspect of the TechPozi web site or service(s) and the Franchisees and TechPozi Clients hereby agree that in such a case TechPozi will determine the level of the refund to the Franchisees . In case there is a dispute the annual amount will be split into the 12 installments and the relevant amount due to the Franchisees  would then be claimed by the Franchisees  in writing.


7.4

change the content and/or services available from the TechPozi according to a pricing special or special campaign aimed at enabling Franchisees  to join the TechPozi Service. These changes will be designed to enable easier access to the TechPozi and will always present alternatives for individuals to benefit completely from TechPozi. Examples of these changes are packages such as Cyber Monday, Festive Season and Back to School campaigns, where the hard copy of the manual may not be included in the package, replaced by the online platform than enables the users to get the same if not better effect with the online platform. 

8.

Privacy


8.1

TechPozi shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za


8.2

TechPozi may electronically collect, store and use the following personal information of Users:



8.2.1

name and surname;



8.2.2

contact numbers;



8.2.3

non-personal browsing habits and click patterns;



8.2.4

e-mail address; and



8.2.5

IP address.


8.3

TechPozi collects, stores and uses the above-mentioned information for the following purposes:



8.3.1

communicate requested information to the User; and



8.3.2

to compile non-personal statistical information about browsing habits, click-patterns and access to the TechPozi web site.


8.4

Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.


8.5

TechPozi may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:



8.5.1

TechPozi shall not disclose personal information from Users unless the User consents thereto;



8.5.2

TechPozi shall disclose information without the User’s consent only through due legal process; and



8.5.3

TechPozi may compile, use and share any information that does not relate to any specific individual.


8.6

TechPozi owns and retains all rights to non-personal statistical information collected and compiled by TechPozi.

9.

Hyperlinks to Third Party Sites


9.1

TechPozi may provide hyperlinks to web sites not controlled by TechPozi (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and


9.2

TechPozi does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

10.

Security


10.1

TechPozi shall take all reasonable steps to secure the content of the TechPozi web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, TechPozi does not make any warranties or representations that content shall be 100% safe and secure;


10.2

TechPozi is under no legal duty to encrypt any content or communications from and to the TechPozi web site and is also under no legal duty to provide digital authentication of any page on the TechPozi web site;


10.3

Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the TechPozi web site or the server and computer network that support the TechPozi web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the TechPozi web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold TechPozi harmless against any and all liability, damages and losses TechPozi and its partners / affiliates may suffer as a result of such damaging code;


10.4

Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and TechPozi reserves the right to claim damages any and all persons concerned with a security failure or breach; and


10.5

Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by TechPozi and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za

11.

Disclaimer & Limitation of Liability


11.1

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, TechPozi (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:



11.1.1

access to the TechPozi web site;



11.1.2

access to web sites linked to the TechPozi web site;



11.1.3

inability to access the TechPozi web site;



11.1.4

inability to access web sites linked to the TechPozi web site;



11.1.5

content available on the TechPozi web site;



11.1.6

services available from the TechPozi web site;



11.1.7

downloads and use of content from the TechPozi web site;



11.1.8

any other reason not directly related to TechPozi gross negligence.


11.2

The TechPozi  web site and services are supplied on an “as is” basis and has not been compiled to meet all the User’s individual requirements. Therefore TechPozi are not liable for the accuracy of all the information received from the Service providers that TechPozi works with. The Franchisee  and TechPozi clients hereby agrees not to hold TechPozi liable for any inaccuracies as a result of using the information for any reason.


11.3

Information, ideas and opinions expressed on the TechPozi web site should not be regarded as professional advice or the official opinion of TechPozi and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the TechPozi web site through TechPozi.


11.4

Excluding the warranties mentioned in each of the services rendered, TechPozi does not make any additional warranties or representation that content and services available from the TechPozi web site will in all cases be true, correct or free from any errors. TechPozi shall take all reasonable steps to ensure the quality and accuracy of content available from the TechPozi web site.


11.5

TechPozi does not make any warranties or representations that the TechPozi  web site shall be available at all times. Users acknowledge that the TechPozi services may be unavailable due to updates or other causes beyond the reasonable control of TechPozi, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.

12.

Removal & Correction of Content

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the TechPozi web site to TechPozi undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

13.

Interception of Communications


13.1

Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to TechPozi’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the TechPozi web site, its staff and employees; and


13.2

The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

14.

Entire Agreement & Severability


14.1

Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between TechPozi and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by TechPozi from the User.


14.2

Any failure by TechPozi to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.


14.3

In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

15.

Agreement in Terms of Section 21 of the ECT Act

The User and TechPozi agree that:


15.1

the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the TechPozi web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;


15.2

data messages (as defined in the ECT Act) addressed by the User to TechPozi shall only be deemed to have been received if and when responded to;


15.3

data messages (as defined in the ECT Act) addressed to the User by TechPozi shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;


15.4

data messages (as defined in the ECT Act) addressed by the User to TechPozi shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;


15.5

electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and TechPozi; and


15.6

the User requests and mandates TechPozi to search for information relevant to the user and for TechPozi to send such information via electronic means that includes the mobile short message service (SMS).

16.

Applicable & Governing Law

The TechPozi web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the TechPozi web site, its content, services and these terms and conditions.

17.

Legal Costs

TechPozi shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions or any action taken by TechPozi Franchisees and TechPozi clients against TechPozi under any circumstance.

TechPozi © 2022. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.