Last Updated: 23.08.2021
Thank you for using Moovguide!
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.
2. IMPORTANT NOTICE
2.1 This section 2 applies to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (the “CPA”).
2.2 These Terms of Service contain provisions or terms 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.
2.3 Your attention is drawn to these terms because they are important and should be carefully noted.
2.4 If there is any provision in these Terms of Service that you do not understand, it is your responsibility to ask Moovguide to explain it to you before you accept these Terms of Service, continue using the Moovguide Platform or any Third Party Services (defined below).
2.5 Nothing in these Terms of Service 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.
3. SCOPE OF MOOVGUIDE SERVICES
3.1 The Moovguide Platform is an online platform that enables registered users (“Users”) and certain third party service providers who offer one or other service relating to immigration and/or relocation (the services offered by Third Party Service Providers are “Third Party Services”) to publish such Third Party Services on the Moovguide Platform and to communicate and transact directly with Users that are seeking to use and purchase such Third Party Services through the Moovguide Platform or directly. Third Party Services may include the offering of pet and household goods or content relocation, visa services, assistance in opening bank accounts, transfer of money services, financial migration services, real estate services and travel services.
3.2 As the provider of the Moovguide Platform, Moovguide does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any of the Third Party Services.
3.3 Third Party Service Providers alone are responsible for all communication, quotations, requests, information relating to and fulfilment of any Third Party Services offered to Users through the Moovguide Platform.
3.4 When Users make a request for or accept a quotation in respect of Third Party Services, they are entering into a contract directly with the Third Party Service Provider. Moovguide is not and does not become a party to or otherwise participant in any contractual relationship between Users and Third Party Service Providers in respect of Third Party Services.
3.5 Moovguide is not acting as an agent in any capacity for any Third Party Service Provider, except as otherwise stipulated in these Terms of Service.
3.6 While we may help facilitate the resolution of disputes, Moovguide has no control over and does not guarantee (i) the quality, standard, reliability, existence, safety, suitability, or legality of any Third Party Services, (ii) the truth or accuracy of any Third Party Services descriptions, (iii) that any Third Party Service is fit for a particular purpose, or (v) the performance or conduct of any Third Party Service Provider.
3.7 Moovguide does not endorse any Third Party Service Provider or Third Party Services. Any references to a Third Party Service Provider being “verified” (or similar language) only indicate that the Third Party Service Provider has completed Moovguide’s administrative process in order to offer their Third Party Service on the Moovguide Platform and nothing else. Any such description is not an endorsement, certification or guarantee by Moovguide about any Third Party Service Provider or Third Party Services. I would also like to add that we are not liable to any damages related to the relationship between the Third Party Service Provider and the Moovguide portal user.
3.8 You should always exercise due diligence and care when deciding whether to use the Third Party Services.
3.9 Due to the nature of the Internet, Moovguide cannot guarantee the continuous and uninterrupted availability and accessibility of the Moovguide Platform. Moovguide may restrict the availability of the Moovguide Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Moovguide Platform. Moovguide may improve, enhance and modify the Moovguide Platform and introduce new services from time to time.
4. CHANGES TO THESE TERMS OF SERVICE
4.1 Moovguide may, in its sole discretion, change any of the terms of these Terms of Service at any time in accordance with this provision.
4.2 If we make changes to these Terms of Service, we will post the revised version on the Moovguide Platform and update the “Last Updated” date at the top of these Terms of Service.
4.3 It is your responsibility to regularly check the Moovguide Platform 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 our Moovguide Platform.
4.4 Any such change will only apply to your use of this 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.
4.5 If you disagree with the revised terms of these Terms of Service, you may terminate these Terms of Service with immediate effect by cancelling your Moovguide account.
5.1 Moovguide may, at its sole discretion, enable Users and Third Party Service Providers to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Moovguide Platform (“User Content” and “Third Party Service Provider Content” respectively ); and (ii) access and view User Content and Third Party Service Provider Content and any content that Moovguide itself makes available on or through the Moovguide Platform, including proprietary Moovguide content and any content licensed or authorised for use by or through Moovguide from a third party (“Moovguide Content” and together with User Content and Third Party Service Provider Content, “Collective Content”).
5.2 The Moovguide Platform and Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the the Republic of South Africa and other countries.
5.3 You acknowledge and agree that the Moovguide Platform, Moovguide Content and Third Party Service Provider Content, including all associated intellectual property rights, are the exclusive property of Moovguide and/or its licensors or authorising third-parties or Third Party Service Providers (as the case may be). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Moovguide Platform, Moovguide Content or Third Party Service Provider Content.
5.4 All trademarks, service marks, logos, trade names, and any other source identifiers of Moovguide or Third Party Service Providers used on or in connection with the Moovguide Platform and Moovguide Content or Third Party Service Provider Content are trademarks or registered trademarks of Moovguide or Third Party Service Providers (as the case may be) in the Republic of South Africa and abroad.
5.5 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Moovguide Platform, Moovguide Content, or Third Party Service Provider Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms of Service.
5.6 No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Moovguide or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
5.7 Subject to your compliance with these Terms of Service, Moovguide grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Moovguide Platform on your personal device(s); and (ii) access and view any Collective Content made available on or through the Moovguide Platform and accessible to you, solely for your personal and non-commercial use.
5.9 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Moovguide policy.
6. SERVICE REQUESTS, QUPTATIONS AND FEES
6.1 Moovguide may charge fees to Third Party Service Providers (“Third Party Service Provider Fees”) in consideration for the use of the Moovguide Platform.
6.2 Moovguide may, in its sole discretion, charge you a fee to access and use the Moovguide Platform. In such an instance, Moovguide will notify you prior to accessing and using the Moovguide Platform of the fees payable, including any applicable taxes, together with the process for payment of such fees.
You may receive a refund by contacting our Customer Service team on firstname.lastname@example.org within 30 days of your purchase. After that 30 day window, we will not provide a refund.
Other than stated above, you hereby acknowledge and agree that Moovguide will not offer refunds on any fees and charges related to your purchase of any Services. This includes bank overdraft fees or international payments fees.
6.3 Subject to meeting any requirements (such as completing any verification processes or providing any information) set by Moovguide and/or Third Party Service Providers, you can access and request a quotation and/or purchase any Third Party Services available on the Moovguide Platform by following the respective process set out on the Moovguide Platform or communicated to you by the Third Party Service Provider.
6.4 Once you have made a request for a Third Party Service, the particular Third Party Service Provider will contact you directly with the next steps for processing your request and/or purchase including providing you with the additional agreement to be concluded between yourself and the Third Party Service Provider.
6.5 All applicable fees for Third Party Services and deposits (if applicable) which shall be determined by the Third Party Service Provider in its sole discretion, and any applicable taxes (collectively, “Total Fees”), will be presented to you prior to booking and/or purchasing a Third Party Service through the Moovguide Platform and payable prior to the fulfilment and delivery of any Third Party Service to you in accordance with these Terms of Service and any additional steps communicated to you by the particular Third Party Service Provider.
6.6 Upon receipt of a booking and/or purchase confirmation through the Moovguide Platform, a legally binding agreement is formed between you and the particular Third Party Service Provider, subject to any additional terms and conditions of the Third Party Service Provider that apply. In most cases, Third Party Service Provider will provide you with the invoice for the Total Fees through the Moovguide Platform. In some instances, you will receive the quote and the invoice directly from the Third Party Service Provider.
6.7 You are responsible for paying the Total Fees due to any Third Party Service Provider in respect of Third Party Services directly to the relevant Third Party Service Provider and in accordance with the terms for payment contained in the agreement concluded between yourself and the particular Third Party Service Provider.
6.8 Should a particular Third Party Service be unavailable at the time or for a particular time in the future that you make a request or purchase, Moovguide reserves the right, in its sole discretion, to not process such request and/or purchase. In such a case, Moovguide will notify you through the Moovguide Platform that the Third Party Service is unavailable.
7. BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS AND DISPUTE RESOLUTION
7.1 The modification and cancellation of any Third Party Services shall be in accordance with the terms of the agreement concluded between yourself and the relevant Third Party Service Provider and it is within the sole discretion of Third Party Service Providers whether modifications or cancellations are permissible.
7.2 In certain circumstances, Moovguide may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed Third Party Service request or purchase and initiate arrangements for corresponding refunds and payouts. This may be (i) where Moovguide believes in good faith, while taking the legitimate interests of both parties into account, this it is necessary to avoid significant harm to Moovguide, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms of Service.
7.3 Except as otherwise set out in these Terms of Service, Users must resolve any disputes pertaining to the Third Party Services directly with the Third Party Service Provider and in accordance with any dispute resolution mechanisms contained in the agreement concluded between the User and Third Party Service Provider in respect of Third Party Services.
8. PROHIBITED ACTIVITIES
8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Moovguide Platform. In connection with your use of the Moovguide Platform, you will not assist or enable others to:
8.1.2 use the Moovguide Platform, Moovguide Content or Third Party Service Provider Content for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies Moovguide’s endorsement, partnership or otherwise misleads others as to your affiliation with Moovguide;
8.1.4 use the Moovguide Platform in connection with the distribution of unsolicited commercial messages (“spam”);
8.1.5 contact another Third Party Service Provider for any purpose other than asking a question related to your request or purchase of Third Party Services, including, but not limited to, recruiting or otherwise soliciting any Third Party Service Provider to join third-party services, applications or websites, without our prior written approval;
8.1.6 request any Third Party Services outside of the Moovguide Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms of Service; (ii) and hold Moovguide harmless from any liability for such Third Party Services;
8.1.7 misuse or abuse any Third Party Service Provider or Third Party Services;
8.1.8 use, display, mirror or frame the Moovguide Platform, Moovguide Content or Third Party Service Provider Content, or any individual element within the Moovguide Platform, Moovguide’s name, any Moovguide trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Moovguide Platform, without Moovguide’s express written consent;
8.1.9 dilute, tarnish or otherwise harm the Moovguide brand in any way, including through unauthorised use of the Moovguide Content, registering and/or using Moovguide or derivative versions of Moovguide in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Moovguide domains, trademarks, taglines, promotional campaigns or Moovguide Content;
8.1.10 use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Moovguide Platform for any purpose;
8.1.11 avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Moovguide or any of Moovguide’s providers or any other third party to protect the Moovguide Platform;
8.1.12 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Moovguide Platform;
8.1.13 take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Moovguide Platform;
8.1.14 export, re-export, import, or transfer the Application except as authorised by the Republic of South Africa law, the export control laws of your jurisdiction, and any other applicable laws; or
8.1.15 violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 You acknowledge that Moovguide has no obligation to monitor the access to or use of the Moovguide Platform by any Third Party Service Provider or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Moovguide Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms of Service; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms of Service.
8.3 Users agree to cooperate with and assist Moovguide in good faith, and to provide Moovguide with such information and take such actions as may be reasonably requested by Moovguide with respect to any investigation undertaken by Moovguide or a representative of Moovguide regarding the use or abuse of the Moovguide Platform.
8.4 If you feel that any Third Party Service Provider you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such conduct to the appropriate authorities and then to Moovguide by contacting us via the contact form under the “Contact Us” tab on the Moovguide Platform with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
9. TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES
9.1 These Terms of Service shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day term until such time when you or Moovguide terminate these Terms of Service in accordance with this provision.
9.2 You may terminate these Terms of Service at any time by cancelling your Moovguide account. If you cancel your Moovguide account, prior to the completion of any Third Party Services then you may continue your engagement with the Third Party Service Provider directly.
9.3 Without limiting our rights specified below, Moovguide may terminate these Terms of Service for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
9.1.1 cancel any pending or confirmed requests for Third Party Services;
9.1.2 limit your access to or use of the Moovguide Platform; and
9.1.3 temporarily or in case of severe or repeated offenses permanently suspend your Moovguide account and stop providing access to the Moovguide Platform; and
9.1.4 inform Third Party Service Provider(s) that your account has been cancelled, suspended or your access has been limited.
9.6 When these Terms of Service has been terminated, you are not entitled to a restoration of your Moovguide account or any of your User Content. If your access to or use of the Moovguide Platform has been limited or your Moovguide account has been suspended or these Terms of Service has been terminated by us, you may not register a new Moovguide account or access and use the Moovguide Platform through an Moovguide account of another User.
10.1 If you choose to use the Moovguide Platform or Moovguide Content or any Third Party Services, you do so voluntarily and at your sole risk. The Moovguide Platform and Moovguide Content is provided “as is”, without warranty of any kind, either express or implied.
10.2 You agree that you have had whatever opportunity you deem necessary to investigate the agreements, laws, rules, or regulations that may be applicable to your use of the Moovguide Platform and access to Third Party Services you are receiving and that you are not relying upon any statement of law or fact made by Moovguide relating to the Moovguide Platform or such Third Party Services.
10.3 You agree that some Third Party Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Third Party Services may carry risk of damage to your property or in the case of visa services, be unsuccessful, you freely and wilfully assume those risks by choosing to proceed to purchase those Third Party Services. You assume full responsibility for the choices you make before, during and after your request and purchase of Third Party Services unless otherwise provided in these Terms of Service or the agreement concluded between yourself and a Third Party Service Provider.
10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
11. LIMITATION OF LIABILITY
11.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Moovguide Platform, Moovguide Content, Third Party Service Provider Content and Third Party Services, or any other interaction you have with Third Party Service Providers whether in person or online remains with you.
11.2 Neither Moovguide nor any other party involved in creating, producing, or delivering the Moovguide Platform or Moovguide Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) from the use of or inability to use the Moovguide Platform or Moovguide Content, (iii) from any communications, interactions or meetings with Third Party Service Providers, or (iv) requesting and/or purchasing Third Party Services, whether based on warranty, contract, delict (including negligence), product liability or any other legal theory, and whether or not Moovguide has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
13.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Moovguide Platform (“Feedback”). You may submit Feedback by completing the contact form provided under the “Contact us” tab located at http://moovguide.co.za/ section of the Moovguide Platform, or by other means of communication.
13.2 Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
13.3 Within a certain timeframe after a Third Party Service has been completed, Moovguide may request feedback from Users relating to the Third Party Service. Feedback from Users must be accurate and may not contain any offensive or defamatory language.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 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 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.
14.2 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.
14.3 You agree that you will not at any time, whether alone or in conjunction with any third party, attempt or actually:
14.1.1 copy or distribute any of the content available on the Moovguide Platform;
14.1.2 use the Moovguide Platform for commercial purposes, unless we have agreed that you may do so in writing;
14.1.3 alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the Moovguide Platform;
14.1.4 alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any security features of the Moovguide Platform;
14.1.5 infect the Moovguide Platform with any software, malware or code that may infect, damage, delay or impede the operation of the Moovguide Platform or which may intercept, alter or interfere with any data generated by or received through the Moovguide Platform; or
14.1.6 allow any third party to use your usernames and passwords in any manner other than as permitted by these Terms of Service.
15. WARRANTIES AND REPRESENTATIONS
15.1 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.
15.2 We assume no liability or responsibility for the proper performance of the Moovguide Platform and/or the The Third Party Services and/or the accuracy of any information, content, images or audio provided through the Moovguide Platform.
15.3 Any warranty given by you under these Terms of Service shall:
15.3.1 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;
15.3.2 continue and remain in force irrespective of whether your account created via the Moovguide Platform is active, suspended or cancelled; and
15.3.3 be deemed to be material.
16. GOVERNING LAW
16.1 These Terms of Service and any matter arising from these Terms of Service including our relationship and/or any dispute arising from or in connection with these Terms of Service, 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 of Service.
16.2 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.
17.1 Moovguide hereby selects 9 Ranelagh Road, Rondebosch, Cape Town, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms of Service (“legal address”). Moovguide may change this address from time to time by updating these Terms of Service.
17.2 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.
17.3 Notices must be sent either by hand, prepaid registered post, 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; 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” FUNCTIONto serve as proof that an email has been received.
18.1 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.
18.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms of Service to any third party.
18.3 These Terms of Service 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.
18.5 Any provision of these Terms of Service which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms of Service will be ineffective to the extent of the prohibition or unenforceability in the jurisdiction and will be severed from the balance of these Terms of Service, without invalidating the remaining provisions of these Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.
18.6 No variation, addition, deletion, or agreed cancellation of these Terms of Service will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
18.7 If we fail or neglect to enforce any of these Terms of Service, 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.