Terms and Conditions
b) Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgment of facts by you. These terms have been set out in capital letters. 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.
Part A: General Information and Terms
1. General Information
For your convenience, we have listed below some general information about ourselves:
- “We” are Insights by Experts and “us” and “our” have a corresponding meaning herein.
- We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2021/466609/07.
- Details of our Board of Directors are available at https://www.insightsbyexperts.com
- Our business address of establishment is 10th-floor Firestation, 16 Baker Street, Rosebank, South Africa and we will accept service of all legal documents there;
- Our web site is located at www.insightsbyexperts.com
- Our e-mail address is firstname.lastname@example.org
- Our VAT number is TBD;
a) We, us and our means Insights by Experts (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, contractors, suppliers, service providers, agents, and affiliates);
b) You mean the user of our services;
c) Insights by Experts (“IBE”) is the platform whereby Clients (individuals, organizations, companies, etc) can identify subject matter experts to provide them with insights, guidance, advice, or ideas to help the Clients in resolving, understanding, addressing potential issues, challenges or problems they may face;
d) Experts (“Experts”) are individuals with expertise or specific knowledge in one or more particular industrial sectors, business functional areas of knowledge of the business environment in one or more African countries who make themselves available for Consultation meetings with Clients to share their expertise for the Clients’ benefit;
e) Consultation meetings (“Consultations”) are interactions between an Expert and one or more Clients in a one-hour meeting (via a video-conference or regular voice conference) during which the Expert shares their expertise for the benefit of the Client;
f) The Client (“Client”) is an individual, organization, company, or other entity that seeks specific information from someone with particular insight, opinions, or experience on a matter;
g) Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of these terms.
3. General Conditions of Use
3.1. You are solely responsible for any and all fees that may apply to your communications with our computer systems.
3.2. 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 them 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. 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.
3.3. 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 individual content you may submit to our computer systems will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
3.4. 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.
3.5. 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.
3.6. 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.
3.8. You will 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.
3.10. 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: Purchasing Terms
1.1. All prices for consultation meetings are stated in US Dollars (USD). You are solely liable for any currency conversion costs, exchange rate fluctuations and international bank fees that may be charged by your bank or financial services provider in addition to the stated price of the consultation meeting.
2. Booking Process
2.1. To book a consultation meeting, you will be required to complete the prescribed booking form.
2.2. You may make a request for a consultation meeting with an expert by completing our automated booking process and submitting your payment information to us in the prescribed manner. Our booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction
before finally submitting your booking request.
2.3. Following receipt of your booking request, we will send you a confirmation notice confirming acceptance or rejection of your booking request containing the relevant booking number.
2.4. A legally binding contract will be formed between us upon our sending of such a confirmation notice confirming our acceptance of your booking. We reserve the right not to accept or process your booking request and we will notify you if this is the case.
2.5. Please note that while we will try to send to you a confirmation notice for every valid booking request we receive from you, we cannot guarantee that such confirmation notice will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded between us in respect of a booking.
2.6. If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with us whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the booking process.
2.7. The information you have submitted with your booking request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately.
3. Description and Pricing
3.1. Unless otherwise stated, all costs, charges or fees are displayed are in US Dollars (USD). In the event of a cancellation at your request a stipulated handling fee and/or a cancelation fee may also apply.
3.2. All costs indicated as applying to consultation meetings will be inclusive of VAT but exclusive of any other taxes and duties, which, unless otherwise indicated, will be charged separately if applicable. (TBC)
4.1. You will be required to provide the necessary payment account details (such as credit card details) when submitting your booking request. By submitting a booking request to us, you authorise us to debit your designated account with the relevant amounts due for the consultation meeting. Such authorization will allow us to obtain payment at any time after our confirmation of your booking. Should we be unable to duly effect such payment for any reason your booking may be cancelled. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
5. Cancellations, Refunds and Exchanges
5.1. You may cancel any booking submitted to us for consultation meetings at any time prior to the date of the meeting, by sending a cancellation notice to email@example.com. When you cancel your booking you must provide us with the relevant booking number. Following receipt of your booking cancellation we will refund you the amount paid for the Consultation meeting. Depending on the prevailing circumstances the following cancellation charges may apply:
If the cancellation occurs less than 24 hours but more than 12 hours prior to the event a 50% cancellation fee will apply;
If the cancellation occurs less than 12 hours prior to the event a 100% cancellation fee will apply;
Notwithstanding the aforesaid, if you can provide us with suitable documentary proof that you will not be able to participate in the consultation meeting because of your death and/or hospitalisation, no cancellation fee will apply in respect of the cancellation of that consultation meeting.
5.2. If a refund is issued hereunder, it will be issued using the same method of payment that was used to confirm the consultation meeting. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
6.1. We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.
7. Use of Your Personal Information
7.1. We and our commercial partners may use your personal data for the purposes of executing transactions concluded with you, for billing purposes or in order to serve relevant advertising to you. We and our affiliates in the Homecoming Revolution Group may send you information, special offers and advertising by email, through SMS, within our regular newsletters, through once-off promotional offers or by telephone.
7.2. We may also make available your personal information to our affiliates (who may be located outside South Africa) in order to enable them to offer goods and services to you that they think will interest you. By using our services and by submitting your personal details, you consent to this transfer and to receive direct marketing material from us and/or our affiliates.
7.3. We may receive information about you from reliable third parties and add it to our database. We shall ensure that such third parties operate a similar policy to us in relation to your privacy. When we receive such information, we shall use it to improve the personalisation of our service.
7.4. If you do not want to receive the information as set out in clause 7.2 above then please send an e-mail to us at firstname.lastname@example.org.
8. Warranties and Liability
8.1. ALTHOUGH WE TRY TO ENSURE THAT THE PARTICULARS OF THE EVENTS THAT APPEAR ON OUR COMPUTER SYSTEMS ARE DISPLAYED AND DESCRIBED COMPLETELY AND ACCURATELY, WE DO NOT WARRANT SAME AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANY LIABILITY ARISING FROM ANY OMISSIONS AND INACCURACIES PERTAINING TO SUCH DISPLAY AND DESCRIPTION SAVE TO THE EXTENT THAT SUCH LIABILITY IS CAUSED BY OUR GROSS NEGLIGENCE OR FRAUD.
8.2. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
8.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY BOOKING EXCEED THE PRICE ACTUALLY RECEIVED FROM YOU IN RESPECT OF SUCH BOOKING, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
Part C: Complaints and General
1. We aim to provide you with quality services. If, however, you feel that you have cause to complain, you can email is at email@example.com. 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
4. 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.
5. 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.
6. 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.