These Terms and Conditions ("Terms") govern your use of the software-as-a-service (SaaS) platform and related services provided by Digital Practice (Pty) Ltd ("Digital Practice," "we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services.
1. Use of Services:
1.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
1.2 Account Creation: In order to use features of our Services, you are required to create an account. You are responsible for maintaining the confidentiality of your account credentials and are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
1.3 Acceptable Use: You agree to use our Services in compliance with these Terms, applicable laws, and any additional usage guidelines or policies provided by Digital Practice. You shall not engage in any activity that interferes with or disrupts the functioning of our Services or infringes upon the rights of others.
2. Intellectual Property:
2.1 Ownership: Digital Practice retains all ownership rights, title, and interest in and to our Services, including any software, designs, graphics, logos, trademarks, and other intellectual property associated with the Services. These Terms do not grant you any right or license to use any of our intellectual property except as expressly authorized by Digital Practice.
2.2 User Content: By using our Services, you may submit or upload content, such as data, documents, or other information ("User Content"). You retain ownership of your User Content.
3. Privacy:
We collect and process personal information in accordance with our Privacy Policy. By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
4. Fees and Payment:
4.1 Subscription Fees: Features or access to our Services requires payment of subscription fees. The applicable fees and payment terms will be provided to you when you subscribe to the Services. You agree to pay all fees associated with your subscription in a timely manner.
4.2 Payment Processing: We may use third-party payment processors to handle payment transactions. Your use of such third-party payment processors will be subject to their terms and conditions and privacy policies.
4.3 Taxes: You are responsible for any applicable taxes or duties associated with your use of our Services. All fees stated on our website or in our communications are inclusive of any applicable taxes.
5. Disclaimer of Warranties:
5.1 Use at Your Own Risk: You acknowledge and agree that your use of our Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Digital Practice does not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components. We disclaim all warranties, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
6. Limitation of Liability:
6.1 Exclusion of Damages: To the maximum extent permitted by applicable law, in no event shall Digital Practice be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services, even if we have been advised of the possibility of such damages.
7. Indemnification:
You agree to indemnify, defend, and hold harmless Digital Practice, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to your use of our Services, your violation of these Terms, or your violation of any rights of another party.
8. Termination:
8.1 Termination by Subscriber: You may terminate this Agreement and your subscription at any time by providing written notice to Digital Practice. Such termination will be effective at the end of the then-current subscription period.
8.2 Termination by Digital Practice: Digital Practice may terminate or suspend your access to our Services, in whole or in part, at any time and for any reason upon providing you with reasonable notice.
9. Governing Law and Dispute Resolution:
These Terms shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or relating to these Terms or our Services shall be resolved exclusively in the courts located in South Africa.
10. General Provisions:
10.1 Entire Agreement: These Terms constitute the entire agreement between you and Digital Practice regarding the subject matter hereof and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written, between the parties.
10.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
10.3 Waiver: The failure of Digital Practice to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
10.4 Updates to Terms: We may update these Terms from time to time by posting the revised version on our website or by providing notice through our Services. Your continued use of our Services after any such updates constitutes your acceptance of the revised Terms.
If you have any questions or concerns about these Terms, please contact us at:
Email: hello[at]digitalpractice.io