BetterAdvice Terms and Conditions

Posted & effective as at 01 April 2022

These Terms and Conditions apply to you when you use Better Advice software and any content contained within the software and any other software we own or license and make available. By accessing and using this Website and or applications and the Service, you agree to these Terms and Conditions. Better Advice Ltd reserves the right to change the Terms and Conditions, so please check back from time to time. For an explanation of Better Advice practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Statement.

Definitions

• Better Advice: means "BetterAdvice", which is a sole proprietor business based at 23 Kent Downs, 09 Benmore Road, Benmore Gardens, Gauteng
• Application: means the Better Advice Application including licensed software used to deploy the application.
• Subscriber: means the person who registers with the Better Advice application and where applicable any entity on whose behalf the subscriber registered to use the service.
• You, Your and User: means the subscriber and users registered by the subscriber on the application.
• Subscription Fee: means the monthly or annual fee (excluding taxes and duties) payable by the Subscriber in accordance with fee structure set out on the website.
• Data: means the data entered in the Application by the Subscriber and Users.
• Intellectual Property Rights: means any trade mark, patent, copyright, know-how and any other intellectual property rights anywhere in world whether registered or not.
• Applicable Law: means the laws of Republic of South Africa.
• Website: The Better Advice application available on the google play store, or the apple App Store available as "BetterAdvice" other sites owned or operated by Better Advice.
• Service: means the operation of the Application hereunder.

Use of the Application

Better Advice grants the Subscriber a license to access and use the Application on non-exclusive, non-transferable basis that is to and subject to this agreement.

The Subscriber is solely responsible for granting and managing User access to their information held in the application and undertakes to take all necessary steps to maintain the integrity and confidentiality of the usernames and passwords and will inform Better Advice of any suspected breaches of user access usernames or passwords.

You must only use the Service and Application for Your own lawful internal business purposes, in accordance with these Terms and any notice sent or condition posted on the Website.

You may use the Service and application on behalf of others or in order to provide services to others. If You do so you must ensure that You are authorized to do so and that all persons for whom or to whom you provide these services accept all terms of this Agreement that apply to You.

Better Advice reserves the right to increase the Subscription Fee on each renewal date of Your Service by providing You notice in writing not less than one month in advance.

Unless the User cancels the Service 30 days before the Subscription Fee becomes payable, You authorize us to charge the Subscription fee for the Service to Your chosen payment method (see "Cancellation of Subscription" below).

Payment of Subscriptions

Better Advice offers monthly and annual subscription models and the Subscriber authorizes Better Advice to process the relevant payment from their Credit Card each month or each year starting on the date that you first subscribe to the application and Better Advice will issue an invoice corresponding to this payment, if requested.

Better Advice does not store your credit card information. We use a secure third party secure Payment Gateway to store the information. Subscribers that choose to enter their credit card details for automatic payment are responsible for the security of their credit card information and accept the Better Advice security procedures as acceptable.

Change of Subscriptions

If you upgrade your service level from one package to a higher priced package, the Company will charge you thus: If you pay monthly, your first payment will be the difference between the higher priced package and your current package price, whereby monies received by Company for your current package price is pro-rated based on the actual number of days until your scheduled monthly payment date. Your regularly scheduled monthly payment date will remain the same as your initial purchase date, with subsequent monthly charges at the higher package price.

If you purchase or upgrade additional services that are charged on a monthly basis, your first payment for those additional services will be the price of the additional services pro-rated based on the actual number of days until your next monthly payment date. Your scheduled monthly payment date will remain the same as your initial purchase date, with the full price of the additional services reflected in subsequent monthly charges. If you purchase additional services that are charged on an annual basis, your first payment for those additional services will be the full price of the additional service. The renewal date for such annual additional services will be the date of upgrade the subsequent year.

There are package downgrade options available and no refunds. Subscribers that wish to move from a higher priced package to a lower priced package must let the current service level expire then repurchase at the desired service level (or use the Free version if available).

Cooling off period

As access to the Application becomes active from the time we receive payment confirmation we cannot offer a cooling off period.

Disclosure of information

Better Advice acknowledges the confidentiality of the information stored in its applications and we have taken every step possible to ensure its security. However, there are some circumstances we may have to disclose information relating to our subscribers.

1. In connection with legal proceedings. 2. To comply with legal, governmental and/or regulatory requirements. 3. To assist in fraud prevention and/or law enforcement.

Links to other sites / use of third party services

We may provide links to third-party Web sites, and some of the content appearing to be on the application or Website is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through frame-sets of content supplied by third-party servers. Better Advice has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

We engage service providers that provide services on our behalf. We may share personal data with such service providers. These service providers may access and process personal data to perform their services. We authorize such service providers to use or disclose the personal data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of personal data they process on our behalf.

Copyright

All content and functionality on the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Better Advice or its licensors and is protected by international copyright laws. All rights not expressly granted are reserved.

Trademark

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Website are the registered and unregistered Trademarks of Better Advice and its licensors. You agree that you will not refer to or attribute any information to Better Advice or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Better Advice or its licensors.

Ownership of Data

The acceptance of these Terms and Condition or the usage of Application does not constitute the sale or transfer of ownership of any rights to the software or the intellectual property contained within.

The Data entered by You, and Your Users remains your property. You grant Better Advice a license to copy, transmit, back-up and store Your Data for the purpose of enabling You to use, process and access the Data. You are responsible for compliance with any applicable requirements in accordance with the Data Protection Acts 1988-2018 and under the General Data Protection Regulation (GDPR) (EU) 2016/679.

Should you wish to discontinue using the Application, your Data will be made available to you to download.

Cancellation of subscription

You are solely responsible for properly cancelling your subscription. An email or phone request to cancel your account is not considered cancellation. You can cancel your subscription at any time by accessing the subscription settings panel in your settings page.

In the event of cancellation, there will be no refund of the remaining unused portion of a subscription.

The agreement may be cancelled using any of the following methods and under the following circumstances.

1. Breach of contract – If, in our reasonable judgement, You have breached this agreement, we will issue notice that the Agreement is being terminated and give seven days' notice in writing and if the breach has not been rectified at the end of the notice period Better Advice will terminate Your Subscription.

Application Updates

Better Advice will continue to add new features and to improve the Application and may update the software without prior notice. All versions of the Application are subject to these Terms & Conditions.

Limitations of liability

The content and functionality on the application or Website is provided with the understanding that Better Advice is not herein engaged in rendering professional advice and services to you. All content and functionality on the Website is provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchant-ability and fitness for a particular purpose and your use thereof is at your sole risk. Better Advice and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content or generally with respect to the Service. Better Advice shall have no liability or responsibility for any information published on linked web sites, contained in any content published on the Website, or provided by third parties. Neither Better Advice nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

Backup of Your Data

Better Advice shall use reasonable skill and care in providing the Service but Better Advice does not guarantee or warrant that any Data you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Better Advice will store Your Data for a maximum of 30 days, and any storage required thereafter may be subject to an additional charge.

Notices of Infringement

Better Advice prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to Better Advice at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Better Advice will remove any posted content that infringes the copyright or other intellectual property right of any person under South African law upon receipt of such a statement. Better Advice contact for submission of notices under this Section is: Better Advice, 23 Kent Downs, 09 Benmore Gardens, Gauteng

Force Majeure

Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including, but not to, acts of God, earthquake, embargo, labour disputes and strikes, riots, war, floods and governmental restrictions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

Governing Law; Jurisdiction

These Terms are governed by the laws of the Republic of Republic of South Africa. Any dispute arising from these Terms shall be resolved exclusively in the Republic of Republic of South Africa the courts of which shall have jurisdiction in respect of such disputes.