Coming from the engineering, financial, medical, mining and oil & gas industries we appreciate and understand the risks of modern business. Having seen and experienced both good and bad, it became clear that industry in general is in need a focused and dedicated platform to meet, and contact colleagues in the same industry you are in. This then is the sole purpose of our Services – enabling you and your peers in your industry to meet, find opportunities, conduct business, and advertise yourself on a focused, industry specific, platform.
Contract (Terms and Conditions):
You (as the first party) are entering into this Contract with Vincula Holdings (Pty) Ltd Reg. No 2019/383202/07 (also referred to as “Vincula”, “our”, “we” and “us”) as the second party. This Contract applies to Vinculaholdings.com and the Vincula brand. You guarantee that you are eligible and/or authorized (as the case may be) to enter into this Contract in your own name or on behalf of the company, as the case may be. (“You/you/your” includes the company as the case may be).
You agree that by clicking on “Join”, “Join Vincula”, “Sign Up” or similar, registering, accessing or using our Services, you are entering into a legally binding contract with Vincula (either in your personal name and/or on behalf on your company, as the case may be) on the conditions as stated herein (“Contract”). If you do not agree to the terms of this Contract, do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.
Beta version. You / your company agrees, understands and accepts that this initial version of the Services is a beta version and modifications shall from time to time be made thereto. This will not entitle you to a refund of any fees paid, and no other rights will accrue to you / your company as a result thereof. Vincula may change, suspend or discontinue any of its Services. Other Members shall offer their own products and services through our Services, and we are not responsible for those activities. When you use our Services, you may encounter information that may be inaccurate, misleading, illegal, offensive or generally harmful. Vincula does not review content provided by our Members, Visitors or others. You agree that we are not responsible for others’ (including other Members’) content, information or even misuse. Vincula does not recommend any Member’s services offered. You / your company agree and understand that in this Contract, nothing shall create an agency, employment, or joint venture relationship between Vincula and you. You / your company agree and understand that tenders are issued and submitted at your sole risk and Vincula shall not attract any liability resulting from you publishing a tender on the site, and/or entering into a contract with a Member, third party as a result of such tender. Vincula reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services. VINCULA does not guarantee the Services, nor that the Services may not be interrupted. In as far as permitted under the Law, Vincula, its, without limitation, subsidiaries, officers, employees, reject any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose. You are liable for anything that happens via your account unless you close it or report misuse.
C Data and information
The purpose of the Services is for you to share your information with other Members and / or Visitors via our Services, so that other Members and / or Visitors can see, copy and use that information. Our Services allows for messaging and sharing of information in different ways, all of which you are aware of and understand. We are however not obligated to publish any information or content on our Service and can remove it with or without notice. You / your company herewith authorize Vincula to access, store, process and use any information and personal data that you/ your company provide in accordance with this Contract.
You will ensure that all payments for your membership are made on time. In addition to the aforementioned, you authorize us to store your payment information and to deduct the monthly membership fee from your account, each and every month, until you, or we, terminate the agreement, or until your subscription period runs out. Any debit order, credit card, (or similar) fees shall be for your account. You understand and agree that in addition to the membership fee, there may be other fees and taxes that may be added. Notwithstanding the fact that your credit/debit card (and the like) expired, you authorize Vincula to continue debiting your monthly membership fees against such account. In the instance you fail to make timeous payment of the membership fees, Vincula shall be entitled to terminate the Services forthwith. The membership fee may be subject to foreign exchange fees, rates, or differences in prices based on location. Vincula may modify its prices upon reasonable notice to the extent allowed under the Law.
Each Member / Visitor guarantees / understands the following:
You agree to only provide content or information that is accurate, does not violate the Law or anyone’s rights (including intellectual property rights). Vincula may be required by Law to remove certain information or content. You shall comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You shall use the Services for the purpose it was intended – advertising yourself, your company and to generate a website and work for you, your company. Breach of this clause shall entitle Vincula to, at its sole and absolute discretion, remove any objectionable content from your website and/or to terminate your account forthwith without notice to you. You shall not use or attempt to use another Member’s account. You shall not copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties, other than as specifically intended, and/ or as authorized by the issuers of tenders, without the written consent of Vincula. You will not modify, place/load any, in the absolute and sole discretion of Vincula, spyware, virus or any other software on the site or any other Members site you may visit. A breach of this obligation shall entitle Vincula to, at its sole and absolute discretion, terminate your account forthwith without notice to you to. You shall not copy (in any manner whatsoever) the appearance and/or functions of the site and /or Services. You shall not violate any information of any other Member, Visitor of Vincula (or of Vincula itself) and/or the their (or any other person’s or company’s) intellectual property rights, which may include copyrights, patents, trademarks, trade secrets or other proprietary rights. You shall not use the words “Vincula”, “Vincula Holdings “or our logos or branding in any business name, e-mail, website without our prior written permission. You / your company indemnifies and holds harmless Vincula, and without limitation, its subsidiaries, officers, employees, et al against any liability(s) and/or claim(s) resulting from your / your company’s breach of any of the above and/or any other clause of this Contract.
If you wish to terminate this Contract, you may do so at any time by closing your account and by no longer accessing or using our Services, subject however to payment of one month’s membership fee after termination of the Services by you. Once you terminated the Contract you will no longer have access to any of the Services provided by Vincula. The following shall survive termination: Vincula shall still be able to use your feedback, and ratings of other Members using Vincula; any amounts owed by you to Vincula prior to termination of your membership remains due and owing by you. You can e-mail our administrator to assist with closing your account. Once your Contract runs out, and you do not renew your membership you will also no longer have access to any of the Services provided by Vincula.
G Exclusion of consequential indirect damages and limitation of liability
The parties (you and Vincula) specifically agree that Vincula’s overall liability for any losses or damages from any cause whatsoever, and regardless of the form of action, whether in contract, indemnities, penalties or in delict, including statutory or common law duty of care in negligence arising from the performance of the Contract, shall be limited in the aggregate to R1000.00 (one thousand South African rand).
Vincula shall not be liable to you / your company for loss of use of any part (or all) of your business, works, loss of profit, loss of any contract, loss of revenue, loss of or damage to reputation or goodwill, loss of opportunity, wasted management or other staff time, losses or liabilities under or in relation to any other contract or for any indirect or special loss or damage or consequential loss or damage which may be suffered by you / your company in connection with (without limitation) the Services, site and/ or Contract.
Vincula may amend (and/or add to) any of the terms and conditions of this Contract, any of our policies from time to time. If we make material changes to it, we will notify you via our Services, or by other means, to provide you the opportunity to review the changes before they become effective. Changes will not be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about the changes to these terms means that you have consented to the updated terms as of their effective date.
I Acceptance of terms
In case of a legal dispute, you and Vincula agree to resolve it in Johannesburg, South Africa. Both you and Vincula herewith, unconditionally and irrevocably consent to the jurisdiction of South African Courts (“court”) and that the South African Law (“Law”) will govern this Contract to the exclusion of all others. Should the court find any part of the Contract unenforceable, the court may be requested to modify the Contract to make such part enforceable, while still achieving its intent. If any of the clauses in this Contract is found to be void or unenforceable the court shall have the power to remove such unenforceable part(s) and enforce the balance of this Contract. This Contract (including such terms as may be amended by Vincula from time to time, and to which it is deemed you have agreed to by continuing to use the Services after such amendment) is the only agreement between us regarding the Services. This Contract supersedes all prior communications, representations, and/or agreements for any Services. The fact that Vincula do not enforce any of its rights and/or does not enforce a breach of this Contract, should not be construed as a waiver by Vincula of its rights to enforce any of its rights at a later stage. Vincula may assign this Contract to its subsidiaries or any party that buys it without your consent. Any legal notice issued by you shall be served at Vincula’s registered address. No notice shall be considered valid and/or served if not served on said registered address. Should you have any complaints about any content placed by any other Member you may raise the complaint to Vincula’s administrator. Full information about the complaint including the reason for the complaint must be provided. We require that information posted by Members must be accurate in all respects and not be in violation of the intellectual property rights or other rights of any third parties.
You / your company herewith gives Vincula, without limitation, a worldwide, transferable and sublicensable right to distribute, publish, use, copy, modify (if required), and process, information and the content that you load onto the website and /or publish or share as part of the Services. You agree and understand that this license is provided free of charge by you / your company and that no compensation is or will become due and owing to you / your company as a result thereof. You / your business can withdraw and cancel this license by removing the content from the website / Services or by terminating your Membership with Vincula. This cancellation / withdrawal does not work retroactively, and all rights obtained by Vincula prior to cancellation of the license will remain with Vincula. Vincula has the right, without payment to you or others, to place and/or load advertisements on your website and near to your content and information. You understand and agree that, without exception, all the information you publish on the site (which includes your website) and via our Services are considered to be “public”. As such the other Members and Visitors are free to use this information. The only exclusion to this rule is where you issue tenders via the Services. In the latter case you / your company will manage access to the tender documentation. You may receive unsolicited communication. You agree and understand that part of the Services Vincula provides is for members to rate each other as to competencies, effectiveness and whether you or your company will be used or employed again. You agree that Vincula has no control over the ratings, and you understand and agree that by entering into this Contract you unconditionally and irrevocably agree to these ratings taking place. You also understand and agree that you have no claim against Vincula and/or (without limitation) any of its officers, employees, subsidiaries should any such rating(s) be inaccurate, wrong, and/or detrimental to you and / or your company. You agree that we may provide notices and messages to you through our websites and to your e-mail addresses provided. You are herewith notified that Vincula reserves all its intellectual property rights in the Services, business idea(s) and the like. Trademarks and logos used in connection with the Services are the trademarks of Vincula.
Our Administrator can be contacted on [email protected].