Terms and Conditions

1. Definitions

In these Terms, the following words and expressions have the meanings indicated:

1.1 “Cloud Services Agreement” or “Agreement” means the cloud services agreement concluded by us and you and pursuant to which, amongst other things, you submit your Order, and shall include any beta-testing license agreement pursuant to which any Services are utilised;

1.2 “Content” means the audio and visual information, documents, software, products, services, proprietary tools, source code samples, generic templates and reusable components, content, libraries, know-how, techniques and expertise, contained or made available to you in the course of using the Services (or any of them), or used or developed by Devum in the course of developing or delivering Customer Deliverables;

1.3 “Customer Data” means any data, information or material, including posts, comments, documents, project information, models, applications, templates, code, widgets, themes, application data, user information and account information, provided, submitted, created, saved, added, uploaded or made available by you to the Service(s) in the course of using or accessing the Service, except Services (or parts thereof) and feedback provided to us in relation to this website and/or the Services;

1.4 “Customer Deliverables” means any deliverables that are provided by Devum as part of Professional Services that constitute Customer Data, or a modification, translation, abridgment or adaptation of Customer Data; or are expressly identified as being owned by you in your Order. The term “Customer Deliverable(s)” does not include Content;

1.5 "Devum" and/or "we" and/or "us" and/or "our" means Reactore Solutions (Pty) Ltd t/a Devum (Registration Number: 2013/076669/07);

1.6 “Order” means the order you place for Services via this website and will include any increase to the quantity of the original Services ordered, the addition of any Services options offered by Devum for the original Services ordered, and any renewal or auto renewal of any services period of the original order. Each Order issued shall be deemed part of and subject to these Terms, together with the Cloud Services Agreement;

1.7 “Professional Services” means, collectively, the consulting and other professional Services which you Order pursuant to the Cloud Services Agreement. Professional Services include any deliverables described in you Order and delivered to you by Devum, but exclude all Services;

1.8 “Services” means the cloud services that you may Order and/or utilise pursuant to the Cloud Services Agreement, including but not limited to the Charvaka Process Engine, Charvaka Fluent Services, Page Builder, Solution Test Automation, Report Designer, Devum Cloud, Microservices, Domain Modeler, Data Hub, Single Sign-On, (cloud) hosting services, platform as a service, documentation and manuals, and Professional Services; and "Service" means any of the Services, as the context may require;

1.9 "this website" or "the website" means www.devum.com and/or all sub-pages thereof including https://console.devum.com but excluding links to external sites;

1.10 "user" and/or "you" and/or "your" means any person who accesses this website and/or purchases our Services from time to time and/or or uses or accesses any Services, including your employees, representatives, consultants, contractors and agents who are authorized to use or access the Services, or have been supplied with user identification(s) and password(s) (whether by you or by Devum at your request), even if no charge is due or registration is needed. If you are accessing this website on behalf of a company or other legal entity, you warrant and represent that you have the authority to bind such entity to the Terms (or any other terms and conditions you may conclude with us), in which case the terms "user" and/or "you" and/or "your" shall refer to such entity.

2. Use of this Website

2.1 By accessing and/or using this website, you agree to be bound by the terms and conditions herein contained ("the Terms"). Devum may at any time and in its sole discretion amend any of the Terms and such amended Terms will immediately supersede and replace any previous Terms. The amended Terms will be made available on the website. Each time you access the website and/or order Services offered via the website, you agree to be bound by the Terms, as may be amended from time to time. You are accordingly responsible for regularly reviewing these Terms. Your continued use of this website and/or any Service after any such amendments shall constitute your consent to such amendments.

2.2 If a Cloud Services Agreement exists between you and Devum, or a Devum authorized distributor/reseller, at any time regarding the Services, the terms of that agreement shall apply in conjunction with these Terms; provided that if there is any conflict between the Cloud Services Agreement and these Terms, then the Cloud Services Agreement will prevail; and provided further that the Privacy Policy shall continue to govern the use of personal information (as defined in the Protection of Personal Information Act 4 of 2013) (“personal information”) you submit from time to time, including during the registration process.

2.3 Minors (i.e. persons under 18 (Eighteen) years of age), may not utilise this website unless their parents or guardians have read these Terms and agree to them on the minor’s behalf. By permitting a minor to use this website, you, as the minor’s parent or guardian, hereby confirm and represent to us that:

2.3.1 you have unfettered legal capacity to contract; and

2.3.2 you agree to these Terms and agree to be bound by them; and

2.3.3 you are the minor’s parent or legal guardian and consent to the minor using this website subject to the Terms, are agreeing to these Terms and conditions on behalf of yourself and on the minor’s behalf, and understand and agree that the limitations of liability and indemnities contained in these Terms are duly binding on you and on the minor.

2.4 Use of this website is strictly at the sole risk of the user.

2.5 Users acknowledge that it is their responsibility to familiarise themselves with any amendment to, or alteration of, the Terms.

2.6 You may only use this website in accordance with these Terms and, in any event, for lawful and proper purposes, which includes complying with all applicable laws, regulations and codes of practice within the Republic of South Africa (“RSA”) or other jurisdiction from which you are accessing this website.

3. Information and Required Disclosures Under Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (as amended) (“the ECT Act”)

3.1 The full name and status of Devum is Reactore Solutions (Pty) Ltd t/a Devum (Registration Number: 2013/076669/07), a private company duly incorporated in accordance with the laws of the RSA, whose full and further details appear hereunder:

3.1.1 Director: Christiaan Barnard;

3.1.2 Telephone Number: +27 (0) 21 418 9922;

3.1.3 Physical address: Unit 803, 8th Floor, Touchstone House, 7 Bree Street, Cape Town, 8001, RSA;

3.1.4 E-mail address: info@reactore.com.

3.2 The website comprises a low-code platform to build, test and deploy enterprise-grade software solutions, offering information on Devum and its Services, and allowing for amongst other things the subscription for Services by way of the placement of Orders; and the utilization of such Services.

3.3 Records of transactions: Orders made are confirmed by a statement displayed online immediately after the transaction is submitted, which can be copied and pasted or printed. The record of any transaction can be accessed by viewing the user's Order status which record is available for an indefinite period from date of the transaction.

3.4 Further supplier information and required disclosures in terms of section 43 of the ECT Act (including the manner in which orders may be placed and payment effected) are more fully dealt with in the Terms or on the website.

4. No Offer

4.1 Users should regard nothing contained in this website as an offer but rather as an invitation to do business.

4.2 A contract will only be entered into at the stage at which Devum receives and confirms acceptance of your Order.

5. Order Process

5.1 Orders may be submitted using the online facility (including the capacity to vary and/or confirm your Order prior to finalisation).

5.2 When placing an Order you acknowledge that, while Devum will do its utmost to fill the Order, factors beyond its control may either wholly or partially prevent it from doing so. Devum will communicate any such difficulty to you and will remove any unavailable item from your order and ensure that you are not charged for it; alternatively will agree with you on a suitable substitute or credit to be provided.

5.3 The user acknowledges that the pricing of Services is subject to change. While Devum may take steps to inform the user of any such change in the prices, it reserves the right to effect any increase without notice.

5.4 Users are always able to check pricing on the website. All amounts in respect of the Services listed on the website are in United States Dollar values and are exclusive of general sales tax, service tax, goods and service tax, value added tax or similar tax as may be applicable, which are, to the extent applicable, calculated per transaction.

5.5 Devum's trading hours are subject to change without prior notice at Devum's discretion.

5.6 Users are solely responsible for the correctness and completeness of information supplied by them during the order process. Any auto-login functionality provided is used at the sole risk of the user and it is advisable that such functionality should not be enabled on a shared computer.

6. Your Account

6.1 You are responsible for all activity occurring under your account. You shall abide by all applicable laws, treaties and regulations in connection with your use of this website and the Services, including, without limitation, those related to export control, data privacy, international communications and the transmission of technical or personal information.

6.2 You shall treat the account information, access and identification codes as confidential and with due care and shall not share any confidential or personal information.

6.3 You shall:

6.3.1 notify Devum immediately of any unauthorized use of any password or account, or any other known or suspected breach of security;

6.3.2 report to Devum immediately, and use reasonable efforts to stop immediately, any copying or distribution of the Services (or any portion thereof) that is known or suspected by you;

6.3.3 not impersonate another user, or provide false identity information to gain access to or use any Services.

7. Payment

7.1 All amounts payable by the user to Devum in respect of any Order placed via this website shall be settled in full, without deduction or set off, by payment via this website at the time of placing the Order, using any major credit/debit cards or payment platform/system accepted by Devum.

7.2 Credit/debit card transactions are processed through the Stripe payment gateway using industry standard Secure Sockets Layer (SSL) security technology. This ensures that all credit/debit card details are encrypted and securely sent to our merchant server. For more information on https://stripe.com, and to view their security certificate and security policy, visit https://stripe.com/privacy.

7.3 This website does not store any user credit/debit card information. At no stage is credit/debit card information stored together with user personal information.

7.4 Further information in this regard is available on this website.

8. Returns, Exchanges, Cancellations and Refunds

8.1 Once your Order has been accepted, same will not (subject to applicable law) be capable of being amended or cancelled and you will be held liable for the full value of the Order.

8.2 Services may not be returned or exchanged. No cash refunds will be made in respect of any Services ordered via the website.

8.3 Further information in this regard is available on this website.

9. Disclaimers

9.1 This entire website, including text, images, links, downloads and coding, and all Content, is provided "as is" and "as available". Devum makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the information contained in it.

9.2 To the fullest extent possible under law, Devum, its directors, officers, related and inter-related parties (including its holding and subsidiary companies), employees, associates, suppliers, ISPs, partners, affiliates and agents (collectively, “the Devum parties”) accept no liability whatsoever for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages, losses or costs of any type or kind (including loss of data, revenue, profits, goodwill, use or other economic advantage) arising out of or in connection with or in relation to:

9.2.1 this website, including any information made available on (or by means of) the website (or any of the pages therein contained) and/or transactions or actions resulting therefrom; or

9.2.2 these Terms and/or any other agreement concluded with you (including any Cloud Services Agreement); or

9.2.3 the Services, including but not limited to the use or inability to use the Services or any interruption, inaccuracy, error or omission, even if the Devum parties (or any of them) had been previously advised of the possibility of such damages, losses or costs or could have reasonably foreseen them. This limitation of liability section applies whether the alleged liability is based on contract, delict (tort), negligence, strict liability, or any other basis.

9.3 Devum does not warrant or represent that:

9.3.1 your access to the website, or the use of the Services, will be secure, timely, uninterrupted or error-free; or

9.3.2 any information, data, content, software or other material accessible through this website, including the Service or the server(s) that make the Service available are or will be free of bugs, viruses, worms, trojan horses or other harmful components; or

9.3.3 the Service, or the quality of any products, services, information, or other material purchased or obtained by you through the Services, will meet your requirements or expectations; or

9.3.4 any stored data will be accurate or reliable; or

9.3.5 errors or defects will be corrected.

9.4 It is the sole responsibility of the user to determine whether the Services ordered by the user are suitable for purpose for which the user intends using them.

9.5 The Devum parties disclaim all responsibility or liability for any losses in the event that any Order cannot be made by a user or confirmed by Devum (as the case may be) on any specific occasion for any reason arising out of any failure, malfunction or delay in any electronic device for any reason.

9.6 The Devum parties give no representation, warranty, or guarantee, express or implied, in respect of any Services (including warranties as to the fitness for purpose, quality, condition, serviceability, reliability, timeliness, suitability, truth, availability, accuracy, completeness, non-infringement of third-party rights, or otherwise), which are hereby disclaimed to the maximum extent permitted by applicable law.

9.7 Devum has no control over third party content and features which can be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the Devum parties disclaim any liability whatsoever for any loss or damage arising from the use of third-party websites, contents and features.

9.8 High-Risk Activities Restrictions. You acknowledge and accept that Devum does not warrant the Services for use in developing, or for incorporation into, products or services relating to, or within, applications or environments requiring fail-safe performance, such as in the operation of aircraft navigation, nuclear facilities, communication systems, air traffic control, life support machines, surgically implanted devices, weapons systems, or any other applications, devices or systems in which the failure of the software could directly result in death, personal injury, or severe physical or environmental damage (“High-Risk Activities”). Notwithstanding any other provision of these Terms, you may not use or authorize any third party to use the Service in connection with any High-Risk Activity.

9.9 Devum shall not be responsible for any Customer Data. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of, and intellectual property ownership or right to use, all Customer Data. Devum shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data, and reserves the right to establish or modify its general practices and limits relating to storage of Customer Data. You warrant and represent that you have not falsely identified yourself nor provided any false information in order to gain access to any Services.

9.10 If any limitation of liability in these Terms is held to be ineffective or is disallowed for any reason whatsoever, the maximum aggregate liability of Devum to you for any and all claims arising out of or relating to the Service and/or these Terms and/or any other agreement concluded with you (including the Cloud Services Agreement) shall not exceed the total amount paid by you to Devum to use the Services during the 12 (twelve) months prior to the date of the 1st (first) such claim. To the maximum extent permitted in law, no action arising out of these Terms, regardless of form, may be brought more than 1 (one) year after the date the cause of action has arisen.

10. Indemnity

10.1 The user agrees to indemnify, defend and hold harmless the Devum parties from and against any and all direct or indirect liabilities, losses, claims, proceedings, actions and expenses (including reasonable legal fees) arising out of or in connection with or in relation to:

10.1.1 any claim by any third party arising out of or in connection with the user’s use of this website, third party websites or any of the Services or services offered through such websites in any way, including but not limited to the content of any such websites;

10.1.2 the breach by you or your users of these Terms, any agreement concluded between you and Devum (including the Cloud Services Agreement) or any law, rule, regulation or treaty; or

10.1.3 any noncompliance with export control regulations; or

10.1.4 an (alleged) claim that you violated any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or

10.1.5 third-party claims on account of a deficiency in a service delivered by you to a third party that consisted in part of hardware, software, websites, databases or other materials supplied by Devum (including any Customer Deliverables).

11. Receipt of Data Messages

11.1 Data messages, including e-mail messages, sent by users to Devum shall be deemed to be received only when acknowledged or responded to.

11.2 A data message sent by Devum to a user shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

11.3 Devum reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.

11.4 Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Devum is therefore not responsible for accuracy of any message sent by email over the internet – whether from Devum to you, or from you to Devum.

12. Monitoring and Interception of Data Messages

In order to provide a relevant and secure service and to promote the secure and efficient operation of the website, and where required to do so by law, Devum may monitor and/or intercept electronic communications such as e-mails which are sent to this website. To the full extent necessary under law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

13. Security

13.1 While Devum takes all reasonable security precautions in connection with the website, no liability will lie with any of the Devum Parties for damage caused by the malicious use of this website or by destructive data or code that is passed on to the user through the use of this website.

13.2 The following acts in connection with this website are expressly prohibited:

13.2.1 gaining or attempting to gain unauthorised access to any web page or part of this website;

13.2.2 delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or

13.2.3 any amendment to or attempt to amend any of the content or any other part of this website by unauthorised persons.

13.3 Devum will pursue the prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorised access to any page on or part of this website.

14. Copyright and Intellectual Property Protection

14.1 All intellectual property rights, including without limitation patent, trademark, and copyright in all information, software, documentation, images, source codes, the structure, sequence, and organization of the software and other original material contained in this website which is not attributed to a third party, and all Content, are held by or licensed to Devum and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and/or other intellectual property rights. The Service or its related software or documentation is not in the public domain. You acknowledge that, save to the extent expressly provided for in the Cloud Services Agreement, you will have no rights of any kind in or to any intellectual property on or pertaining to this website.

14.2 Devum grants to users a personal, non-exclusive, non-assignable and non-transferable license to print and display all content and information contained in this website on any machine of which the user is the primary user for non-commercial purposes only. This limited license may, to the extent applicable, be supplemented by the Cloud Services Agreement.

14.3 The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website (unless attributed to a third party) are registered and unregistered trademarks of Devum’s licensors. Subject to the rights afforded to the user herein, all of Devum's licensor’s intellectual property rights (including any moral rights) remain at all times expressly reserved. Save as aforesaid, nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Devum.

14.4 In particular, you agree that you will not:

14.4.1 post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal;

14.4.2 use this website in a manner which causes, or may cause, an infringement of the rights of any other person;

14.4.3 use any software, routine or device to disrupt or interfere, or attempt to disrupt or interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;

14.4.4 deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code.

14.5 By posting or submitting information (including any comments) on, or to, this website, you warrant that any such information submitted or posted by you (as the case may be) to or on the website does not, and will not, violate any right of any third party, including intellectual property, privacy or any other personal or proprietary right. Any comments uploaded by users constitute the opinions of such users and do not in any way represent the views, beliefs, opinions or values of Devum. Devum reserves the right to moderate (and it its sole discretion remove) any comments uploaded by users from time to time. You are not required to provide feedback or comments (including suggestions, ideas, enhancement (requests), recommendations or other feedback) to us about this website or the Services, but to the extent that you do, you grant to us a perpetual, fully paid, non-royalty bearing, worldwide, and unrestricted license to use that feedback and those comments for any business purpose.

14.6 Devum reserves the right to make improvements or changes to the intellectual property, information, artwork, editorial content, graphics and other materials on this website.

14.7 If you believe that this site in any way infringes a third-party copyright or other intellectual property right please contact us immediately specifying the full details of the alleged infringement.

15. Privacy and Confidentiality of Communications

15.1 Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy, which is available on this website. We reserve the right to modify our Privacy Policy in our discretion from time to time.

15.2 By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, changes to features of the Service and special offers. Our implementation, development and operations teams shall have the right to access and use your account information, and Customer Data for the purpose of delivery of the Service, responding to service or technical problems, on your request, or to provide Professional Services to you. We shall be entitled to change the account, access- and identification codes assigned.

15.3 With respect to all Customer Data, you agree and acknowledge that you are solely responsible for the content of such data. You warrant and represent to us that you will obtain all licenses and permissions needed to provide and/or license Customer Data to enable us to perform our obligations hereunder. You warrant and represent to us that providing and/or licensing Customer Data to us under these Terms will not violate any applicable law or right of any third party. You agree and acknowledge that you are solely responsible for ensuring that you maintain proper backup or documentation necessary to enable you to recover Customer Data in the event of corruption or data loss. We are not acting as a disaster recovery provider for you and will not be liable for the loss or replacement of any Customer Data.

15.4 License to utilise Customer Data. You hereby grant to us the right and license to utilize, and process, Customer Data and all other personal information provided to us via the website for the purposes of:

15.4.1 supplying you with the requested Services, including setting up your account;

15.4.2 performance of our obligations to you under the Terms and any other agreement we may conclude with you;

15.4.3 allowing us to develop, test, and provide the Services and underlying software and documentation;

15.4.4 helping us to better understand your needs and interests in the future, and contacting you regarding products and services that we may offer on our own behalf or on behalf of others, including demos and trials;

15.4.5 providing you with updates and marketing communications, including our promotional competitions and promotional offers from time to time;

15.4.6 extracting certain information that, either alone or in conjunction with other information which we may decide to include, can be used to make up anonymized data sets which we may use for any lawful purpose in perpetuity. For the purposes hereof, anonymized data sets may include any personal information on an aggregated basis except i) any information which is protected by a separate license agreement between you and Devum; ii) information that can readily be used to identify a specific individual’s identity (or as otherwise protected by applicable law), either alone or when combined with other information from another source; iii) protected information (if any) which has not been de-identified in accordance with any applicable law, prior to incorporation in the anonymized data set, or iv) information which can be used to easily identify you as the source.

15.5 License for Promotion. You grant us the right and license to use your name and logo (in accordance with any brand guidelines provided by you in writing) on the website and/or in a press release, including regarding our relationship, the benefits of such relationship, and its meaning for the market generally.

16. Free Trial Period

16.1 We may offer a portion or specific editions of the Services free of use. It is under our sole discretion to specify the conditions for free use and we reserve the right to modify these conditions of free use at any time. Non-free portions of the Services may be made available to you for an initial free trial period, in such time period as may be specified on this website, from your acceptance of these Terms.

16.2 If you do not purchase a paid subscription for the Service from us prior to the conclusion of the free trial period, your access to these non-free portions of the Services will be suspended and any Customer Data that is uploaded to these non-free portions of the Services (or any of them) may be deleted, and any Customer Deliverables provided to you may no longer function. If you wish to continue using the Services, you must contact us and purchase a paid subscription for your continued use of such Services.

17. Advertising and Sponsorship

17.1 This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this website complies with all applicable laws and regulations including, for the avoidance of any doubt, the Consumer Protection Act 68 of 2008 (“CPA”).

17.2 The Devum parties accordingly exclude, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

18. Hyperlinks, Deep Links and Framing

18.1 Any third-party site may link to this website provided that such a link is directed at the homepage of this website. It is expressly prohibited for any person, business or entity to link to any page other than the homepage of this website without the prior written approval of Devum first being obtained.

18.2 Permission to link to this website is given without assumption of any liability. Devum reserves the right to withdraw permission granted to link to this website at any time and for any reason.

18.3 Hyperlinks and/or advertisements contained on this website and directed towards other websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. Devum in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to website.

18.4 Devum does not endorse the views, opinions and recommendations included in any website linked to this website.

18.5 Use of the sites or pages linked to this website is accordingly exclusively at the risk of the user.

18.6 The express permission in writing of Devum, which may be subject to conditions, is required before this website, any of its pages and/or any of the information contained on the website is framed. Requests for permission can be submitted through e-mailing web@devum.com.

19. Export Regulations and Sanctions

19.1 For the purposes of this clause:

19.1.1 “Sanctioned Country” means a country or territory that is the subject or target of any comprehensive trade or economic sanctions (currently Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine and Russia);

19.1.2 “Sanctioned Person” means any person (i) listed in the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control or in any Export-Control-Related list of designated persons maintained by the RSA, the U.S. Department of Commerce, the U.S. Department of State, the United Nations Security Council, the European Union, any Member State of the European Union, or the United Kingdom; (ii) operating, organized, or resident in a Sanctioned Country; (iii) in the government of, or acting for or on behalf of the government of, Venezuela or a Sanctioned Country; or (iv) owned or controlled by one or more such persons.

19.2 Our obligations under these Terms are conditional upon your compliance with all applicable export and re-export controls, embargoes, and economic and trade sanctions laws and regulations, including in any event, those of the RSA and the jurisdiction in which you are based (“Export Laws”), also considering the limitations of domestic business and prohibitions of by-passing those embargos.

19.3 You warrant and represent that your content is non-controlled, and that any Service made available hereunder and any derivatives thereof will not be (i) used or accessed by a Sanctioned Person, (ii) exported, re-exported (including any ‘deemed exports’), shipped, distributed, delivered, sold, resold, supplied, or otherwise transferred, directly or indirectly, to any Sanctioned Person, or otherwise in a manner contrary to the Export Laws, (iii) used for any purpose prohibited by the Export Laws, or (iv) used for non-civilian purposes (e.g. armaments, nuclear technology, weapons, any other usage in the field of defense and military).

19.4 Without limiting the foregoing, you warrant and represent (i) you are not a Sanctioned Person, and (ii) you will not download or otherwise access, or facilitate a third party’s download or access of, any offering delivered by Devum (including all kinds of technical support and all Services) performed by Devum from a Sanctioned Country. You will, at least once per year, review and update your list of users who have access to an account and confirm that no such user is a Sanctioned Person and that all such users may continue to access the Service in compliance with Export Laws. Devum may conduct the necessary Export Laws checks and, upon request, you will promptly provide Devum with any necessary information.

19.5 In the event you fail to comply with any provision of this clause or violate any Export Laws in connection with the Service, we have the right to take action in accordance with these Terms and as required by applicable law.

19.6 If you disclose to us any information that is subject to Export Laws that requires any form of controlled data handling, you will notify our personnel in advance of each instance of disclosure and will use any notification tools and/or methods we may specify.

19.7 We will not be obligated to perform under these Terms if such performance is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions including, but not limited to, embargoes or other sanctions imposed by the RSA, the United Nations, European Union, United Kingdom or the United States.

20. Termination / Suspension of the Website and/or Any Gratuitous Services

Devum reserves the right, in its sole and absolute discretion and without prior notification, to terminate or suspend the provision of this website and/or providing of any gratuitous Services at any time, for any reason and without prior notice, and/or to terminate or suspend the access rights of any user where, for example and without limitation:

20.1 Devum regards the action or inaction of a user to constitute a breach of these Terms; or

20.2 Devum regards the action or inaction of a user to constitute abuse of the Services offered through this website; or

20.3 events beyond the reasonable control of Devum, including technical failures, prevent the continuing provision of the website.

21. Governing Law

21.1 The user hereby agrees that the law applicable to these Terms, any Cloud Services Agreement, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of the RSA.

21.2 This website is owned within the RSA.

21.3 When using this website and agreeing to these Terms such use and agreement is deemed to have taken place in Cape Town, South Africa.

21.4 Users of this website are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the ECT Act.

22. Notices

22.1 Devum may give notices by way of electronic mail to your e-mail address on record in Devum’s account information, or by written communication sent by mail or registered post to your address on record in Devum’s account information.

22.2 Such notice shall be deemed to have been given upon the expiration of 5 (Five) days after mailing or posting, or 1 (One) hour after the time of transmission, providing the day of transmission is a business day (being any day other than a Saturday, Sunday or a public holiday in RSA) or otherwise on the next following business day (if sent by email).

22.3 You may give notice to Devum (such notice shall be deemed given when received by Devum) at any time by any of the following: letter delivered by prepaid registered post at the following address: Unit 803, 8th Floor, Touchstone House, 7 Bree Street, Cape Town, 8001, RSA, addressed to the attention of the Chief Executive Officer; or email sent to web@devum.com.

23. Consent to Jurisdiction and Costs

23.1 The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this website, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.

23.2 Notwithstanding the above Devum may, in its own discretion, elect to proceed with any claim, application or action in the High Court of South Africa (Western Cape Division, Cape Town) or any other Court of competent jurisdiction and, to the extent necessary, the user accepts such jurisdiction.

23.3 The user agrees that it will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings commenced by Devum as a result of any breach of these Terms or any additional terms and conditions contained on this website.

24. General

24.1 No indulgence, leniency or extension of time granted by Devum shall constitute a waiver of any of Devum's rights under these Terms and, accordingly, Devum is not precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

24.2 Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

24.3 In these Terms, the word "including" shall mean "including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word", and the word "include" and its derivatives shall be construed accordingly.

24.4 The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

24.5 Devum may cede its rights and/or delegate its obligations under these Terms without your prior written consent. You may not cede your rights and/or delegate your obligations under these Terms without Devum’s prior written consent, which shall not be unreasonably withheld. Any transfer or assignment in violation of this section shall be null and void. Any actual or proposed change in control of you that results or would result in a direct competitor of Devum directly or indirectly controlling you shall entitle Devum to terminate the Agreement or (any rights delivered from) these Terms immediately upon written notice.

24.6 To the extent necessary in law, if any of the provisions in these Terms constitute a stipulatio alteri (i.e. a contract in favour of a third party) in favour of any person who is not a party hereto, the benefit thereof may be accepted by such person at any time, from time to time.

24.7 Devum shall not be bound to fulfill any obligation if prevented from doing so by force majeure or any other event beyond its reasonable control. Insofar as not already included, force majeure shall further mean instances of strikes, company sit-ins, blockades, embargoes, government measures government restrictions (including the denial or cancelation of any export, import or other license), war, revolution and/or any similar state, mandatory compliance with any direction, request or order of any person having or appearing to have authority, whether for defense or other Governmental or national purpose, power failures, faults in electronic communication lines, cable breaks, fires, explosions, water damage, lightning damage, pandemic, epidemic, natural disasters, flooding and/or earthquake, shortage of and/or sickness of personnel and non-fulfillment by suppliers of Devum or force majeure on the part of suppliers of Devum.

24.8 All obligations of the parties which expressly or by their nature survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding its expiration or termination and until they are satisfied in full or by their nature expire.

24.9 Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof will be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and will not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which will continue to be given full force and effect and bind the parties hereto.

24.10 No term or condition of these Terms is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 24.9 with the necessary changes being made (“mutatis mutandis”)

24.11 If any provision of these Terms is found by any Court to be unfair as contemplated in Regulation 44 to the CPA (to the extent that such Regulation is applicable hereto), then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of clause 24.9 mutatis mutandis.