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Please read these Website Terms and Conditions of Use (“Terms”) carefully before browsing our Website or using the Moovguide Platform or any of the Third Party Services provided through our Website as they contain important information about your legal rights, remedies and obligations. By accessing or using the Moovguide Website, you agree to comply with and be bound by these Terms and the Privacy Policy.

Last Updated: 23.08.2021

Thank you for using Moovguide!

1.      INTRODUCTION

1.1      These Terms of Service read together with our Privacy Policy located at http://moovguide.co.za/privacy-policy/ and Website Terms and Conditions of Use located at http://moovguide.co.za/terms-conditions/ both incorporated herein by reference, constitute a legally binding agreement (“Agreement”) between you and Moovguide (as defined below) governing your access to and use of the Moovguide Website located at www.creativeagency.joburg/moovguide, including any subdomains thereof or mobi-sites (collectively, “Website”), our mobile, tablet and other smart device software applications, and application program interfaces (collectively, “Application”). The Moovguide Platform and Application together are hereinafter collectively referred to as the “Moovguide Platform”.

1.2      When these Terms of Service mention “Moovguide ,” “we”, “us” or “our” it refers to the Moovguide Proprietary Limited (Registration No. 2019/2295/13), a for profit private company registered and incorporated in accordance with the laws of the Republic of South Africa, with it registered address located at 9 Ranelagh Road, Rondebosch, Cape Town, South Africa, 7700.

1.3      We provide the Moovguide Platform to you subject to these Terms, which govern the use of the Moovguide Platform and may be updated by us from time to time pursuant to section 3 of these Terms.

1.4      Moovguide allows third party service providers to provide their Third Party Services on the Moovguide Platform (each a “Third Party Service Provider”).

1.5      The Moovguide Platform contains information relating to certain relocation Third Party Services and enables you to access and purchase certain immigration and relocation services including visa, household goods or content and pet relocation services, transfer of money services, financial migration services and travel services (“Third Party Services”) from Third Party Service Providers.

1.6      Reference to “personal information” in these Terms means “personal information” as defined in the Protection of Personal Information Act 4 of 2013 (“POPI”).

1.7      Please familiarise yourself with the terms of our privacy policy located at http://moovguide.co.za/privacy-policy/ before you use the Moovguide Platform.

1.8      The terms of our relationship with you should you use any of the Third Party Services provided through the Moovguide Platform are detailed in and governed by our Terms and Conditions of Service Agreement, http://moovguide.co.za/terms-of-service/ and such other applicable agreement between you and any Third Party Service Provider in respect of Third Party Services listed on the Moovguide Platform.

2.      APPLICATION AND BINDING EFFECT OF THESE TERMS

2.1      Your continued use of the Moovguide Platform indicates that you have both read and agree to be bound by these Terms and warrant in favour of us that you are 18 (eighteen) years of age or older and/or you have the full legal capacity to agree to and be bound by these Terms and accept that these Terms constitute a contract valid and binding on you and enforceable against you. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Moovguide Platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for your and all your obligations under these Terms.

2.2      You cannot use the Moovguide Platform if you do not accept these Terms. All sections of these Terms are applicable to you unless the section expressly states otherwise.

2.3      If you do not agree with any of the terms contained in these Terms you must stop using the Moovguide Platform.

2.4      These Terms are binding and enforceable against all users of the Moovguide Platform and/or any related Third Party Services or products that we may offer to you via the Moovguide Platform from time to time. Additional specific terms may apply for specific products or Third Party Services offered through the Moovguide Platform. If there is a conflict between these Terms and the specific terms, the specific terms will apply.

2.5      We may amend these Terms from time to time without prior notice to you. Each new or amended version of the Terms becomes binding on you each time you visit and/or use the Moovguide Platform.

2.6      We will process personal information in accordance with the privacy policy located at http://moovguide.co.za/privacy-policy/ which is incorporated herein by reference.

3.      CHANGES TO THESE TERMS

3.1       Moovguide may, in its sole discretion, change any of these Terms at any time in accordance with this provision.

3.2      If we make changes to these Terms, we will post the revised Terms on the Moovguide Platform and update the “Last Updated” date at the top of this Agreement.

3.3      It is your responsibility to regularly check these Terms and make sure that you are satisfied with the changes. Should you not be satisfied, you must not make any further purchases of Third Party Services, or in any other way use the Moovguide Platform.

3.4      Any such change will only apply to your use of the Moovguide Platform after the change is displayed on the Moovguide Platform. If you use the Moovguide Platform after such amended Terms have been displayed on the Moovguide Platform, you will be deemed to have accepted such changes.

3.5      If you disagree with the revised terms of these Terms, you may terminate this agreement with immediate effect.

4.      IMPORTANT NOTICE

4.1      These Terms apply to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (the “CPA”).

4.2      These Terms contain provisions that appear in similar text and style to this clause and which:

  • may limit the risk or liability of Moovguide or a third party; and/or
  • may create risk or liability for the user; and/or
  • may compel the user to indemnify Moovguide or a third party; and/or
  • serves as an acknowledgement, by the user, of a fact.

4.3      Your attention is drawn to these provisions because they are important and should be carefully noted.

4.4      If there is any provision in these Terms that you do not understand, it is your responsibility to ask Moovguide to explain it to you before you accept the Terms or continue using the Moovguide Platform.

4.5      Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Moovguide in terms of the CPA.

4.6      Moovguide permits the use of the Moovguide Platform subject to the Terms. By using the Moovguide Platform in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use the Moovguide Platform if you do not agree to the Terms.

4.7      Additional terms may apply for the Third Party Services. If there is a conflict between these Terms and the specific terms, the specific terms will apply.

5.      ENQUIRIES

5.1      You can address any questions or concerns arising from these Terms or your use to enquiry@creativeagency.joburg/moovguide.

6.        ACCESS, REGISTRATION AND LOGIN DETAILS

6.1      You must register an account (“Moovguide Account”) to access and use certain features of the Moovguide Platform, such as requesting a quotation for Third Party Services or purchasing Third Party Services, and will be required to submit your full name, surname, email address,  and contact details and other information required to fulfil your request for relocation services as provided through the Moovguide Platform.

6.2      If you are registering a Moovguide Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

6.3      You can register a Moovguide Account using an email address and creating a password.

6.4      You must provide accurate, current and complete information during the registration process and keep your Moovguide Account up-to-date at all times.

6.5      Your right to access and use the Moovguide Platform is personal to you and may not be transferred to any other person or entity. By entering your username and password, we are entitled to assume that the person using the Moovguide Platform is you. You agree and warrant that your username and password shall be sued for personal use only and not be disclosed by you to any third party.

6.6      You accept complete responsibility to keep your details, username and password for the Moovguide Platform safe, secure and confidential and may not disclose your credentials to any third party.

6.7      For security purposes you agree to enter the correct username and password whenever purchasing Third Party Services, failing which you will be denied access.

6.8      You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable to comply with the terms and conditions applicable to Third Party Services provided to you, including but not limited to applicable payment terms.

6.9      When you submit your personal information and other content through the Moovguide Platform, you agree that we may use such information to provide the Third Party Services to you and that your personal information will be shared with Third Party Service Providers.

6.10   You must familiarise yourself with and follow the security procedures communicated by us on the Moovguide Platform or through other mediums from time to time. You agree and accept that if you fail to follow the recommended security procedures it may result in a breach of the confidentiality of your personal information and may lead to unauthorised access of your account and personal information.

6.11   If you are a business, you must ensure that only authorised persons have access to and are allowed to use the Moovguide Platform with your secure login details.  You and/or your business are however responsible for any action of those individual(s) (whether authorised or not) when they interact with us. You must change your details when authorised persons leave your service or are no longer authorised to use the Moovguide Platform.

6.12   You are responsible for keeping all of your personal information, usernames and passwords up-to-date, secure and confidential and must notify us immediately if there has been, or if you suspect, any breach of security or confidentiality relating to your use of the Moovguide Platform.

6.13   We may at any time request that you provide, in a form satisfactory to us, documentary evidence establishing and/or confirming your identity as the registered user of the Moovguide Platform (if applicable).

6.14   Your access to or use of certain areas and features of the Moovguide Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms, before you can access the relevant areas or features of the Moovguide Platform. If there is a conflict between these Terms and further terms applicable to a specific area or feature of the Moovguide Platform, the further terms will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the further terms.

7.        SOCIAL MEDIA INTEGRATION

7.1      Where we indicate it, using the Moovguide Platform may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+, for purposes of creating user profiles, or logging in or sharing information.

7.2      If you proceed to use the Moovguide Platform in this case, the respective social media platform’s rules will apply and you will be prompted to accept to integrate before integration can occur.

8.      MODIFICATION OF THIRD PARTY SERVICES OFFERED AND INFORMATION PROVIDED

8.1      We offer Third Party Services and information via the Moovguide Platform and except if we agree otherwise, reserve the right to modify, replace, terminate or discontinue any Third Party Services that we offer via the Moovguide Platform without prior notice to you.

9.      LIABILITY AND INDEMNITY FOR USE OF INFORMATION, IMAGES AND THIRD PARTY SERVICES

9.1      The use of the Moovguide Platform and the Third Party Services is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Moovguide Platform, the Third Party Services or reliance on any information on the Moovguide Platform.

9.2      Except if we expressly indicate on the Moovguide Platform, we do not give any medical, financial, tax, legal or other advice, prognosis or diagnosis and information provided on the Moovguide Platform is strictly for information purposes only.

9.3      We do not provide any immigration advice relating to the application for or relating to acquiring a visa for or immigrating to New Zealand, Australia, the United Kingdom and Canada and details reflected on the Moovguide Platform regarding visas for or immigration to New Zealand, Australia, the United Kingdom and Canada is strictly for information purposes only.

9.4      Whilst Moovguide takes reasonable measures to ensure that the content on the Moovguide Platform is accurate and complete, we give no guarantee of any kind concerning the content on the Moovguide Platform and give no warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Moovguide Platform or as to the accuracy, completeness or reliability of any information on the Moovguide Platform, or make any representation that the Moovguide Platform will operate error free or without interruption or downtime or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose. If any representations or warranties are made by Third Party Service Providers, Moovguide shall not be bound thereby.

9.5      Although Third Party Services provided by Third Party Service Providers may, under certain specifically defined circumstances, be provided under warranty, the Moovguide Platform itself and all information provided on the Moovguide Platform is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

9.6      We give no guarantee of any kind concerning the Third Party Services provided through the Moovguide Platform and give no warranties, whether express or implied, of what so ever nature in relation to the Third Party Services including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

9.7      Any views or statements made or expressed on the Moovguide Platform are not necessarily the views of Moovguide, its directors, employees and/or agents.

9.8      You rely on any opinion or any other information provided on or through the Moovguide Platform and conclude a purchase for Third Party Services through the Moovguide Platform entirely at your own risk and we will not under any circumstances be liable to you or any third party for damages or losses (whether financial or otherwise) suffered should you or a third party rely on any of the information on the Moovguide Platform.

9.9      You indemnify and hold us (including our directors, agents, contractors and service providers) harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the use of the Moovguide Platform, the purchase of and provision of the Third Party Services by/to you, the use or reliance on any information and images contained on the Moovguide Platform, or the use of information and/or images relating to the Third Party Services, whether due to our (including our directors’, agents’, contractors’ and service providers’) negligence or not.

9.10   In addition to the disclaimers contained elsewhere in these Terms, Moovguide also makes no warranty or representation, whether express or implied, that the information or files available on the Moovguide Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Moovguide, its employees, agents or authorised representatives. Moovguide thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Moovguide Platform.

10.      USING ELECTRONIC DEVICES TO ACCESS THE MOOVGUIDE PLATFORM AND/OR THIRD PARTY SERVICES

10.1   You may only be able to access and use the Moovguide Platform or the Third Party Services provided via the Moovguide Platform by using electronic devices (“devices”) which have the required specifications.

10.2   Not all devices may support the use of the Moovguide Platform. It is your responsibility to use a device that supports the Moovguide Platform and to keep your device updated and/or in a condition for it to support the use of the Moovguide Platform.

10.3   We are committed to business practices in compliance with the POPI. By registering on the Moovguide Platform, you agree that we may process your personal information in terms of this clause as may be amended from time to time, or such further privacy policies that may be published on the Moovguide Platform, in compliance with POPI or such other laws as may be or become applicable.

10.4   You are solely responsible for all internet data usage charges incurred while downloading or using the Moovguide Platform or the Third Party Services.

11.   RISK, LOSS OR DAMAGES

11.1   You hereby agree that subject to applicable law, we will not be liable for:

11.1.1       any interruption, malfunction, downtime, off-line situation or other failure of the Moovguide Platform, our systems, databases or any of its components;

11.1.2       any loss or damage with regard to the use of your personal information or data, or any loss directly or indirectly caused by a malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems or programming defects; and/or

11.1.3       any interruption, malfunction, downtime or other failure of the Moovguide Platform due to, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any other event over which we have no direct control.

11.2   Moovguide disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Moovguide Platform and/or any content therein unless otherwise provided by law.

11.3   Neither you nor us (or our personnel), will be liable for any failure to perform any obligation to the other due to causes beyond your, our (or our personnel’s) respective reasonable control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, acts of government or other competent authorities (including telecommunications and internet service providers).

12.   TRANSMISSION AND ACCURACY OF ELECTRONIC INFORMATION

12.1   When you visit the Moovguide Platform or send email communication to us, you consent to receiving communications from us or any of the Third Party Service Providers, affiliates or partners electronically in accordance with our privacy policy located at http://moovguide.co.za/privacy-policy/.

12.2   We implement reasonable security measures to ensure the safety and integrity of the Moovguide Platform. However, despite this, information that is transmitted over the Internet may be susceptible to hacking, theft or other forms of unlawful access.

12.3   We are not responsible for any unlawful access, monitoring and modification of information transmitted via the Moovguide Platform or as a result of your use of the Moovguide Platform nor are we responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt via the Moovguide Platform or resulting from your use of the Moovguide Platform.

13.      DEEMED RULES FOR SENDING AND RECEIVING ELECTRONIC MESSAGES

13.1   You hereby acknowledge that we will primarily use e-mail and electronic notices or messages sent through the Moovguide Platform as our main communication tool for all communications relating to your use of the Moovguide Platform and/or the Third Party Services. These communications may include the use of SMS (short message Third Party Services), phone calls, email or other communication channels.

13.2   You agree that the following terms will apply when you (or any one acting on your behalf) and us communicate via electronic messages sent through electronic means, including via the Moovguide Platform directly or email:

13.2.1       all electronic message will be deemed sent from, and received at your specified e-mail address or mobile phone and your address as specified in these Terms;

13.2.2       an electronic message is deemed to have been sent:

13.2.2.1         by you, at the time at which we are capable of accessing such message;

13.2.2.2         by us, at the time shown on the electronic message as having been sent; or

13.2.2.3         if not so shown, at the time shown on our system as having been sent.

13.3   An electronic message is deemed to be received:

13.3.1       by you, once it becomes capable of being retrieved by you; or

13.3.2       by us, once we have confirmed receipt thereof or responded thereto, whichever is the earlier.

13.4   An electronic message shall be attributed:

13.4.1       to you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the electronic message sent to us resulted from an error or malfunction in the communication system, except if you can timeously satisfy us otherwise before we have acted upon the message; or

13.4.2       to us, if it has been sent by a duly authorised representative and the representative acted within the scope of its authority or by an automated system programmed by us and the system operated without error or malfunction.

13.5   Unless otherwise provided for in these Terms, confirmation by us of receipt of your electronic message is required to give legal effect to the electronic message.

14.   VIRUSES

14.1   We will take reasonable steps to prevent viruses from attacking the Moovguide Platform, but cannot guarantee or warrant that should you access and use the Moovguide Platform or that any information available for downloading from the Moovguide Platform will be free from infection, viruses and/or other code that has contaminating or destructive properties and subject to these Terms, we expressly exclude our liability in this regard.

14.2   You are responsible for, and we recommend that you take your own precautions and implement sufficient procedures to satisfy your particular security requirements.

15.   THIRD PARTY SITES

15.1   The Moovguide Platform may contain links or references to other Moovguide Platforms (“Third Party Websites”) which are outside of our control, including those of advertisers or Third Party Service Providers. These Terms do not apply to those Third Party Websites and Moovguide is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

15.2   Notwithstanding the fact that the Moovguide Platform may refer to or provide links to Third Party Moovguide Platforms, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

15.3   The inclusion of any hyperlinks or any advertisement of any third party on the Moovguide Platform or Third Party Services or Third Party Service Provider on the Moovguide Platform does not mean that we endorse such third party or Third Party Service Provider’s Website or apps, their products, Third Party Services, business or security practices.

16.   LIMITATION OF LIABILITY

16.1   Moovguide cannot be held liable for any inaccurate information published on the Moovguide Platform and/or any incorrect information displayed on or transmitted through the Moovguide Platform, save where such liability arises from the gross negligence or wilful misconduct of Moovguide, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by going to the “Contact Us” tab located at http://moovguide.co.za/.

16.2   MOOVGUIDE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE MOOVGUIDE PLATFORM OR THE CONTENT CONTAINED IN THE MOOVGUIDE PLATFORM; OR YOUR INABILITY TO USE THE MOOVGUIDE PLATFORM, AND/OR UNLAWFUL ACTIVITY ON THE MOOVGUIDE PLATFORM AND/OR ANY LINKED THIRD PARTY WEBSITE AND/OR YOUR USE OR PURCHASE OF ANY THIRD PARTY SERVICES AND/OR THE PROVISION OF ANY THIRD PARTY SERVICES TO YOU.

16.3   YOU HEREBY INDEMNIFY MOOVGUIDE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE MOOVGUIDE PLATFORM AND/OR ANY LINKED THIRD PARTY MOOVGUIDE PLATFORM AND/OR USE OR PURCHASE OF ANY THIRD PARTY SERVICES AND/OR PROVISION OF ANY THIRD PARTY SERVICES TO YOU.

17.   AVAILABILITY AND TERMINATION

17.1   We will use reasonable endeavours to maintain the availability of the Moovguide Platform, except during scheduled maintenance periods, and are entitled to discontinue providing the Moovguide Platform or any part thereof with or without notice to you.

17.2   Moovguide may in its sole discretion terminate, suspend and modify the Moovguide Platform, with or without notice to you, in such an event you will be required to contact the Third Party Service Provider directly. You agree that Moovguide will not be liable to you in the event that it chooses to suspend, modify or terminate the Moovguide Platform other than for processing any requests/purchases made by you prior to such time, to the extent possible.

17.3   If you fail to comply with your obligations under these Terms, including any incident involving payment of the price of any Third Party Services requested by you, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Moovguide Platform without any prejudice to any claims for damages or otherwise that we or Third Party Service Providers may have against you.

17.4   Moovguide is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Moovguide Platform to blacklist you on its database (including suspending or terminating your access to the Moovguide Platform), refuse to accept any request, and/or to cancel any request concluded between you and Moovguide and/or Third Party Service Providers, in whole or in part, on notice to you. Moovguide accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any request.

18.   INTELLECTUAL PROPERTY RIGHTS

18.1   You acknowledge and agree that all rights, title and interest in, and to, any intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used by the Third Party Services or on the Moovguide Platform, including, without limitation, any graphics, logos, designs, text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is our property or the respective owner(s) property and will remain so vested in all circumstances.

18.2   You therefore agree that you will not at any time or under any circumstances acquire any intellectual property rights of any nature by using the Moovguide Platform or the Third Party Services provided via the Moovguide Platform.

18.3   You agree that you will not at any time, whether alone or in conjunction with any third party, attempt or actually:

18.3.1       copy or distribute any of the content available on the Moovguide Platform;

18.3.2       use the Moovguide Platform for commercial purposes, unless we have agreed that you may do so in writing;

18.3.3       alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the Moovguide Platform;

18.3.4       alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any security features of the Moovguide Platform;

18.3.5       infect the Moovguide Platform with any software, malware or code that may infect, damage, delay or impede the operation of the Third Party Services or which may intercept, alter or interfere with any data generated by or received through the Moovguide Platform; or

18.3.6       allow any third party to use your usernames and passwords in any manner other than as permitted by these Terms.

19.    WARRANTIES AND REPRESENTATIONS

19.1   We make no representations or warranties, whether express or implied, or relating to or stemming from the Moovguide Platform and/or the Third Party Services.

19.2   We assume no liability or responsibility for the proper performance of the Moovguide Platform and/or the Third Party Services and/or the accuracy of any information, content, images or audio provided through the Moovguide Platform.

19.3   Any warranty given by you under these Terms shall:

19.3.1       be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in the Terms;

19.3.2       continue and remain in force irrespective of whether your account created via the Moovguide Platform is active, suspended or cancelled; and

19.3.3       be deemed to be material.

20.   GOVERNING LAW

20.1   These Terms and any matter arising from these Terms including our relationship and/or any dispute arising from or in connection with these Terms, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Moovguide Platform will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.

20.2   For the purpose of all or any proceedings arising from your use of the Moovguide Platform, you consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

21.   NOTICES

21.1   Moovguide hereby selects 9 Ranelagh Road, Rondebosch, Cape Town, South Africa, 7700 as its address for the service of all formal notices and legal processes in connection with these Terms (“legal address”). Moovguide may change this address from time to time by updating these Terms.

21.2   You hereby select the delivery address specified with your purchase of Third Party Services and/or request for Third Party Services and/or registration of a user profile as your legal address, but you may change it to any other physical address by giving Moovguide not less than 7 (seven) days’ notice in writing.

21.3   Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent:

  • by hand will be deemed to have been received on the date of delivery;
  • by prepaid registered post, will be deemed to have been received 10 (ten) days after the date of posting;
  • by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
  • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

22.   COMPANY INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATION AND TRANSACTIONS ACT NO. 25 OF 2002

22.1     Site owner: Moovguide Proprietary Limited;

22.2     Legal status: Moovguide is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa;

22.3     Registration No: 2019/2295/13;

22.4     Director(s): Karolina Laubscher;

22.5     Description of main business of Moovguide: An online platform providing relocation/immigration services of Third Party Service Providers;

22.6     E-mail address: enquiry@creativeagency.joburg/moovguide;

22.7     Moovguide Platform addresses: www.creativeagency.joburg/moovguide

22.8     Physical Address: 9 Ranelagh Road, Rondebosch, Cape Town, South Africa, 7700;

22.9     Postal Address: 9 Ranelagh Road, Rondebosch, Cape Town, South Africa, 7700; and

22.10  Registered Address: 9 Ranelagh Road, Rondebosch, Cape Town, South Africa, 7700.

22.11  PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be accessed at  http://moovguide.co.za/paia-manual/.
Third Party Service Providers’ information can be accessed once you proceed to request Third Party Services and the Third Party Service Provider responds to you.

23.   GENERAL

23.1     Moovguide may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Moovguide Platform or the user’s right to use the Moovguide Platform or any of its contents.

23.2     You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.

23.3   The Terms create a legally binding agreement between yourself and us only. Accordingly, unless expressly stated to be the case, the terms do not create rights in favour of any third party.

23.4   These Terms, together with our Privacy Policy, Terms and Conditions of Service Agreement, and any additional terms that we may include on the Moovguide Platform, constitute the whole agreement between yourself and us relating to your use of the Moovguide Platform.

23.5   Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will be ineffective to the extent of the prohibition or unenforceability in the jurisdiction and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

23.6   No variation, addition, deletion, or agreed cancellation of the Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

23.7   If we fail or neglect to enforce any of these Terms, it will not mean that we waive any of our rights and it will not affect the validity of the whole or any part of these terms or prejudice our rights to take subsequent action against you or otherwise.