Terms and Conditions

(Version effective as of 1 March 2021)

Important Notice

Please read our terms of use carefully. Your use of our computerized services will be subject to the then current version of these terms published on our web site at www.s-effect.co at the time of your use. If you do not accept our terms of use, you may not use our services.

Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.

If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you using any of our services or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not use the services or participate in the activities. The use of some of our services may require that you are over 18 and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.

We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using our services since the then current version of the terms will apply to your use.

Should you have any questions regarding these terms of use, please send an e-mail to us at enquiries@s-effect.co

Part A: General Information and Terms

General Information

For your convenience, we have listed below some general information about ourselves:

• The Sicario Effect (Pty) Ltd, incorporated in accordance with the laws of the Republic of South Africa with registration number 2018/115544/07.

• Our address of establishment is at 117 South Avenue, Atholl, Sandton, South Africa, 2196 and we will accept service of all legal documents there.

• Our telephone number is Tel: +27 (0)72 391 3328

• Our web site is located at www.s-effect.co

• Our e-mail address is enquiries@s-effect.co

• Our VAT number is 4630287854

Definitions

In these terms of use:

• “We”, “us” and “our” means The Sicario Effect (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, contractors, suppliers, service providers, agents and affiliates);

• “You” means the user of our services;

• Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of these terms.

General Conditions of Use

You are solely responsible for any and all fees that may apply to your communications with our computer systems.

You may not access or use our computer systems for any purpose other than for utilizing the services offered via such systems in the normal manner. You may not access our computer systems for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to our computer systems in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access our computer systems for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of our computer systems by any other person including our clients and their affiliates. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of our computer systems. You may not to post or transfer any material to our computer systems that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may delete any material you have submitted to our computer systems and/or suspend your access to any part of our computer systems at any time without notice.

We do not usually monitor, edit, control or filter the content submitted to our computer systems by our users or related to our system on other platforms. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify us if you have a complaint about the activities of or content submitted by a user of our computerised services.

Notwithstanding that our computer systems may enable access to third party systems and that some third-party systems may contain enable access to our computer systems we do not control, endorse or approve the activities or content made available via any such third party systems. Please contact the relevant system proprietor if you have a complaint about the activities or content made available via a third-party system.

Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in our computer systems and the content thereof belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users.

THE DOWNLOADING AND USE OF DATA FROM OUR COMPUTER SYSTEMS IS DONE AT YOUR SOLE DISCRETION. YOU SHOULD INDEPENDENTLY VERIFY THE COMPLETENESS AND RELIABILITY OF INFORMATION OBTAINED FROM OUR COMPUTER SYSTEMS. ALSO BE AWARE THAT VIRUSES OR CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR COMPUTER SYSTEM COULD BE TRANSMITTED TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.

ACCESS TO OUR COMPUTER SYSTEMS AND SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR COMPUTER SYSTEMS, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF OUR COMPUTER SYSTEMS OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.

We reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of our computer systems. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of our services.

We also reserve the right, without notice and in our sole and absolute discretion, to make changes to these terms of use. It is your responsibility to review our terms of use on each occasion prior to making use of our services. If you continue to use our computer systems and services after our amended terms of use has been published, it will constitute a deemed acceptance of such amended terms of use.

You may be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. YOU ACCEPT THAT YOU WILL BE PERSONALLY LIABLE FOR ALL TRANSACTIONS CONCLUDED ON YOUR ACCOUNT.

We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use of our services. We may also use such information to inform you about changes in the services we offer and/or about features we think you would find of interest. By giving us information, you consent to our use of it for these purposes.

We have to protect our business and secure our computer systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive from our computer systems and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

Part B: Complaints and General

We aim to provide you with quality services. If, however, you feel that you have cause to complain, you can email is at enquiries@s-effect.co. We will try to do our best to resolve any problems that arise. We require that you provide us with the following information as part of your complaint:

• Your full names, physical address, telephone number and email address

• The location and description of the service feature or transaction which is the cause of your complaint

• The problem with the service or transaction or rights that you allege to be infringed by such feature or component

• The actions you would like us to take to remedy the problem

• A statement confirming that you are making the complaint in good faith

• A statement confirming that the information you are providing to us is to the best of your knowledge true and correct

• Please incorporate your signature into the complaint

Use of our computer systems and services are subject to the laws of the Republic of South Africa, and subject to the jurisdiction of any South African Magistrate’s Court of competent jurisdiction in respect of your person to adjudicate on any dispute arising from or in connection with these terms of use notwithstanding that the amount in dispute may exceed such court’s jurisdiction, and you consent thereto. You agree to accept service of legal process at the addresses you may provide to us.

These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to your use of our computer systems, the services offered and any products and services acquired through our computerised services. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.

WE WILL BE EXCUSED FROM A FAILURE TO PERFORM OR DELAY IN PERFORMANCE OF OUR OBLIGATIONS HEREUNDER IF AND TO THE EXTENT THAT CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL PREVENT OR DELAY SUCH PERFORMANCE.

Part C: Organiser Information

The Organiser’s details are enquiries@s-effect.co and +27 82 576 7410

The Sicario Effect (Pty) Ltd, the Organiser, chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 117 South Avenue, Atholl, Sandton, 2196.

WHO  WHAT DO YOU NEED TAKEN CARE OF?