Your access to and usage of the Bizval Services, provided by Bizval (Pty) Ltd, a company registered in South Africa (henceforth referred to as “Bival”), is governed by the following Terms and Conditions. In order to make use of the Bizval Services, you need to agree to the Terms. Bizval reserves the right to amend these Terms and Conditions at all times, with or without a prior notice. These Terms constitute a binding legal agreement between you and Bizval, governed by the laws of South Africa.
1.2 The Bizval Website and the Bizval Platform will be jointly referred to as “Bizval.co”.
1.3 By using the online tool on Bizval.co or on a third-party website, you agree to be bound by the Terms and Conditions set out herein (the “Terms”). Please make sure you have read and understood the Terms before using the online tool. If you do not agree to the Terms, you are not authorized to make use of the Bizval Services.
1.4 We reserve the right to amend the Terms from time to time without prior notice to you. If a change has taken place, there will be an indication at the bottom of the Terms of the date they were last revised.
2.2 Visitor means any person who visits Bizval.co and who can make use of the Bizval Services without becoming a Registered User.
2.3 Registered User means any visitor who registers to the Bizval Platform and has a personal account, and who may purchase the Platform Services offered by Bizval.
2.4 Bizval Website means the homepage of Bizval.co and all related web pages, through which a visitor can access the Bizval Platform and Services.
2.5 Bizval Platform means the framework and environment made available by Bizval to Registered Users
2.6 Platform Services means the paid services supplied by Bizval to Registered Users upon payment for such services, consisting of the use of and access to the Bizval platform, maintenance, updates and support in the use of the Bizval platform, access to, maintenance, updates and support in the use of the Valuation Tools
2.7 Valuation Tools means the analysis of data provided by the Registered User through the Bizval Platform. Each analysis consists of three components – Input Sections, Bizval Algorithm and Valuation Result (including a downloadable valuation report).
2.7.1 Input Sections means the page(s) on the Bizval Platform for the collection of Registered User data;
2.7.2 Bizval Algorithm means the proprietary technology used by Bizval for processing and analyzing the Registered User data and generating the Valuation Result;
2.7.3 Valuation Result means the result generated by the Bizval Algorithm after having processed and analyzed Registered User data;
2.7.4 Downloadable Valuation Report means the report containing the Valuation Result and any other data results generated by the Bizval Algorithm, and available for downloading by the Registered User through the Bizval Platform.
2.8 Visitor/Registered User Data means all the information (in the broadest sense, including both identifiable and anonymous data) provided by the visitor or the Registered User on the Bizval Platform and required for the performance of the analysis conducted by the Valuation Tools.
2.9 Personal Data means all information (in the broadest sense) required by visitors in order to become Registered Users and submitted by them to Bizval via the online registration form.
3. Use of the services and restrictions
3.1 Bizval grants you the non-exclusive, non-sublicensable, and non-transferable right to have access to the Services offered by Bizval.
3.2 Visitors do not have access to the Platform Services and may not purchase the Platform Services offered by Bizval unless they become Registered Users.
3.3 Registered Users have the right to purchase the Platform Services offered by Bizval and do not have the right to access the Bizval Platform, Platform Services and Valuation Tools otherwise.
3.4 The Services made available to you are provided solely for your own use. you shall not sell, transfer, sublicense, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any of the Services. You may not include the Services in any product or service which you sell.
3.5 You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You shall not attempt to reverse compile, disassemble, reverse-engineer all or any part of the Services. You shall not access all or any part of the Services in order to build a product or service which competes with the Services and you shall not use the Services to provide services to third parties. Use of any automated system or software to extract data from the Bizval Website or the Services (“screen scraping”) is hereby expressly prohibited.
3.6 During the Agreement Period you shall not attempt gaining unauthorized access to the Services or modify the same.
3.7 Bizval does not guarantee the complete, accurate and timely delivery of the Services at all times, since shortcomings in the delivery of the Services may partially, but not exclusively, occur as a result of failures falling outside of the control of Bizval, such as but not limited to failures in the Internet connection. Bizval cannot be held responsible with regards to the hardware, software, peripherals and telecommunication connections necessary for accessing and making use of the Services, unless otherwise agreed upon in writing between you and Bizval.
3.8 Bizval is entitled to make changes to the Services at any time. If a change is reasonably foreseen to have significant consequences for you, Bizval will use its best efforts to notify you in advance. If you continue to use the Services, you thereby indicate your consent to the changes made to the Services.
4. Creating an Bizval account
4.1 A visitor to Bizval.co is anonymous and may, optionally, create an Bizval account and become a Registered User by submitting the information required in the online account registration form.
4.2 The Registered User must be a person. Accounts registered by “robots” or by other automated methods are not permitted.
4.3 You must provide your own personal data during the Bizval Account registration process.
4.4 You are at all times responsible for maintaining the confidentiality of your Bizval log in credentials. Bizval cannot be held responsible in that regard.
4.5 You are responsible for all activities undertaken under and content placed within your Bizval account. This responsibility also applies to all the activities performed outside the Bizval.co having as their object the Downloadable Valuation Report obtained via the Bizval Platform.
5. Platform services
5.1 The Platform Services are available solely to Registered Users, upon payment of a Service Fee.
5.2 The Service Fee is a one-off fee paid prior to the access to the Platform Services.
5.2.1 The Service fee is enables you to purchase 1 or multiple valuations at the same time.
5.3 In order to have access to the Platform Services, the Registered User must have paid for the appropriate valuation. Once the valuation has been completed, the user will have indefinite access to the outputs of the valuation and the valuation report.
6. Usage of the Bizval platform for multiple companies
6.1 A Registered User can use the Bizval Platform and the Platform Services to contact valuations for more than one company.
6.2 Payment allows access to a pre-defined number of completed valuations.
7. Payment terms
7.1 All prices indicated on Bizval.co are exclusive the applicable VAT rates. The VAT rate applicable to a particular transaction will depend on your billing information.
7.2 Payments for the Platform Services take place prior to the access to such services.
7.3 The processing and facilitation of all payments for the Bizval Services are handled on behalf of Bizval by an online payment service provider.
7.4 You can request and download the invoices for all your subscription payments through the History’ tab of your Billing section on your Bizval Platform. Invoices can also be provided to you by email upon your request.
8. Refund policy
8.1 In the eventuality of disservice or dissatisfaction of the Bizval Services, you are entitled to request a refund for your purchase within five (5) days after having completed the same, by following the procedure described in section 8.3 below. A refund will apply unless Bizval detects any abusive or malicious activity on your Bizval account or deems your request of refund illegitimate. Should you request a refund 5 or more days after your first subscription purchase, the refundability of your subscription payment depends on the sections below.
8.2 Given the nature of the services that Bizval offers, Bizval’s general policy is to not offer refunds for your purchase five (5) or more days after the date of such purchase or as required under South African consumer protection laws.
8.3 In order to request a refund, you need to contact us via the chat functionality on the Bizval website or email us on firstname.lastname@example.org. Your request will be processed and within 48 hours you will receive feedback on the approval (or rejection) of your request.
8.4 Bizval will assess each refund request taking into consideration the usage that was made of the services, the problems that you may have encountered, your overall reasoning behind making the request and the completeness of the information you have provided in the Bizval refund request.
8.5 If your refund request is approved, the refund will generally be done using the same payment method that you used to make the payment in question.
9. Changes to the services and prices
9.1 Bizval reserves the right to make changes to the Bizval Website and to the Services. In such occasions, Bizval will take responsible steps to inform you of these changes with as much advance warning as possible.
9.2 Bizval reserves the right to make price adjustments for the usage of the Bizval Services.
10. Bizval obligations and conduct
10.1 All results generated by the Valuation Tools and the related Downloadable Reports are saved and stored internally by Bizval. Bizval retains full control over these results and materials and will process them in the context of the services and products that Bizval offers.
10.2 Bizval will process personal and company data in the context of the services and products that Bizval offers. Bizval will process these personal data in accordance with the South African Protection of Personal information Act. This also applies to the results generated by the Service and the related Downloadable Reports.
11. Warranties and limitations of liability
11.1 The Bizval Service is not intended to be used as the sole basis for any decision-making and is based upon data which is provided by third parties, the accuracy of which it would not be possible for Bizval to guarantee. Whilst Bizval aims to maintain a quality, fully operative service at all times, the Service and third-party services are provided on an “as is” basis without warranties of any kind, whether express or implied.
11.2 Bizval gives you no warranty or assurance about the contents of the Service. Whilst Bizval does endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. Therefore any use of the Service is at your own risk.
11.3 Bizval disclaims all liabilities in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and third-party service and shall not be liable for any indirect, or consequential loss. Bizval shall not be liable for the following types of financial loss: loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses: loss of anticipated savings, increase in bad debt and failure to reduce bad debt.
11.4 Where any matter gives rise to a valid claim against Bizval, its liability shall be limited to a sum equal to the sum paid for the Services supplied under this Agreement in the year in which the claim arises.
11.5 Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.
12. Agreement duration and termination
12.1 The Terms shall enter into force on the date when you register on Bizval.co and create an Bizval Account and shall remain in force for an indefinite period of time.
12.2 You may be contacted by Bizval during this Agreement period regarding new developments and products.
12.3 From time to time Bizval may make alterations to Bizval.co and to the Bizval Platform and in doing so will take reasonable steps to inform you of these changes with as much advance warning as possible.
12.4 You shall fully indemnify Bizval against all third parties costs incurred in the pursuit of payment.
12.5 If Bizval believes you have breached any provision of this Agreement or in the event of your insolvency or bankruptcy, Bizval may, with an immediate effect and without a notice, suspend your access to the Services and terminate this Agreement.
12.6 Bizval has the right to dissolve this Agreement in writing with an immediate effect and without a notice of default and/or to suspend Bizval’s obligations and/or to exclude you permanently from the Services and/or to remove the content you have published on Bizval.co or deny you access to same without prior notice if:
12.6.1 you fail to meet the obligations pursuant to the Agreement and/or the Terms or if you fail to do so in full or on time;
12.6.2 after conclusion of the Agreement Bizval becomes aware of circumstances that give it good reason to fear that you will not perform your contractual obligations;
12.6.3 circumstances of such nature occur that would make it impossible for Bizval to perform the Agreement;
12.6.4 Bizval is notified that you have been involved in any way in publishing content on Bizval.co that is discriminatory, racist, vindictive, offensive or otherwise unacceptable;
12.6.5 Bizval is notified that you have been involved in any way whatsoever in publishing content on Bizval.co that is protected by intellectual property rights held by one or more third parties;
12.6.6 You have been granted or requested suspension of payments.
12.7 Upon request, You must use best efforts to delete all and any part of the Services held by You in any format and You may not make any further use of the Services.
12.8 Upon termination clauses 3, 4, 10, 11, 13, 14, 15, 16, 17 shall continue with full force and effect.
13.1 You agree to indemnify, defend and hold Bizval, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party, incurred or suffered by Bizval or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the Services that breaches this Agreement.
14. Intellectual property rights
14.1 Except as expressly provided herein, access to the Services does not grant you any database rights or rights in the copyright, trademarks or any other intellectual property rights of Bizval or any third party.
14.2 The Services and everything on Bizval.co, including the Downloadable Valuation Reports, is protected by copyright and other intellectual property rights. you are not permitted to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any element of the Service without Bizval’s written permission. Bizval may take steps to assist identification of its Service.
14.3 Bizval holds various mark registrations which shall not be used without the prior written authorization of Bizval.
15. Force majeur
15.1 Bizval will not be liable for a failure to perform any of its obligations under this Agreement if such a failure is caused by the occurrence of any unforeseen contingency or by circumstances beyond the reasonable control of Bizval, including but not limited to Internet outages and telecommunications outages.
16.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted by clause 14.2.
16.2 Each party may disclose the other party’s confidential information:
16.2.1 To its employees, officers, representatives or advisers who may need access to it for the purpose of carrying out the relevant party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses confidential information comply with this clause 14; and
16.2.2 As may be required by law, court order or any governmental or regulatory authority.
16.3 No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Agreement.
17.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
17.2 The terms of this Agreement, the provision of the Service and the relationship between you and Bizval shall be governed by the laws of South Africa. You agree irrevocably to submit to the exclusive jurisdiction of the courts of Cape Town, South Africa. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17.3 The failure of Bizval to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right.