Purple Education ZA (Pty) Ltd ("PurpleZA") is a private company incorporated in accordance with the laws of the Republic of South Africa under Registration Number 2019/114480/07.
PurpleZA provides online learning Courses to those who register as Platform Users on the PurpleZA Website (the "Website").
These Terms and Conditions (hereinafter the "Terms") together with the PurpleZA Privacy Policy (the "Privacy Policy") available on the Website apply to any user ("the User") who (I) visits the Website, and (II) registers for or who applies for an account on the Website at www.purpleza.co.za, and (III) who accesses and uses the Platform; or through any other medium, mobile application, website, electronic service or Application Programming Interface ("API").
Notwithstanding these Terms, any agreement which a School may have in place with PurpleZA shall remain binding on the School, and these Terms shall not be regarded as a novation of any such agreement but shall be read together with these Terms.
IMPORTANT FOR YOU, THE USER, TO NOTE PRIOR TO USING OUR WEBSITE OR ANY OF OUR SERVICES:
Please read the whole of this document in line with the "Definitions" and "Interpretations" column set out below.
These Terms govern the use of the Website, the Platform and the Services. By visiting or using the Website and/or the Platform and/or registering an account with PurpleZA, you are deemed to have accepted these Terms, and you continue to accept such Terms each time you use the Website and/or Platform, Services, visit our Website, or use our Services. Note: if you do not agree to these Terms, you may not continue to access the Website or Platform or utilise our Services. Should you continue to do so, you are deemed to have accepted ALL the Terms and these shall be binding on you.
These Terms may be changed from time to time by PurpleZA. By accessing and using our Website and the Platform through the PurpleZA Account, you acknowledge and accept that you are bound by the current Terms as set out on the Website at the time of your access, and you shall be bound by the current version of the Terms, with all previous versions being superseded by the current version of the Website at the time.
These changes shall be implemented from time to time due to various factors, including but not limited to, changes in local regulations, amendments in legislation, and changes in the business needs of PurpleZA.
The User's acceptance of these Terms is, for the purposes of these terms, deemed to have taken place at our head office, which is situated at 2 Marine Mansions, 7 Clarens Road, Sea Point, 8005.
By accepting these Terms, you accept that you are entirely responsible for compliance with any local legislation, regulation and rules applicable in South Africa as well as the country of which you are a citizen/permanent resident. You are entirely responsible for ensuring that by accessing or using our Services, that you are lawfully permitted to do so in the jurisdiction of which you are a citizen/permanent resident or the jurisdiction from which you are accessing the Website or your PurpleZA Account.
Our collection, storage, processing and use of personal information in connection with the Website and Services is as provided in the Privacy Policy available on our Website which is, for the purposes of these Terms, deemed to be incorporated in these Terms. PurpleZA may make available any Personal Information or information to any associated third party to render aspects of the Services to you, or if there is a complaint, dispute or conflict which requires the Personal Information or information.
Should you have any objection to any change in these Terms, you must notify us in writing that you wish to terminate your online access with us.
Where an of these Terms place an obligation on or makes reference to the User, such obligations and/or reference shall automatically also apply to the Employer, and the Employer shall be bound by the Terms.
These Terms replace any prior agreements with the User, save for any Client Agreement entered between a User's Employer and PurpleZA, in which case, both the Client Agreement and the Terms will remain binding on both Parties. PurpleZA reserves the right to immediately terminate these Terms, to cease rendering any Service to you, or any portion of the Services, or to refuse to permit you to have access to the Website or Service at any point in time, for any reason whatsoever.
DEFINITIONS
For the purposes of these Terms, the below-mentioned words must be interpreted in accordance with its definition set out below:
Confidential Information, means any technical, electronic mail, Data, commercial, scientific, marketing or business information, any documentation, know-how, trade secrets, marketing strategies, processes, machinery, designs, technical specifications, development plans, concepts and ideas, financial information, customer information or records, business plans, customer and vendor lists, products, analysis, test results, descriptions, drawings, anything available on the Platform, programming, hardware configurations, systems, materials and/or data and all other information of any kind or nature, proprietary to or a trade secret of a party; whether in written, oral, magnetic, or machine-readable or other format, including any information received or obtained as a result of using the Services or the Platform;
Course, means an online professional development and learning course hosted on the Platform;
Employer means the educational institution that has appointed PurpleZA to render services to it via the Platform;
Intellectual Property, includes the Website, all content available on the Website or in connection with PurpleZA (I) all inventions, whether patentable or unpatentable (and whether or not reduced to practice), all improvements thereto, and all "patents" including all patents and patent disclosures and applications, and registered design and registered design applications, together with all reissuance, continuations, continuations-in-part, revisions, extensions and re-examinations thereof, (II) all "trademarks," including registered or unregistered Trademarks, registered or unregistered servicemarks, and all translations, adaptations, deviations, combinations, applications, registrations and renewals in connection with any registered or unregistered Trademark or servicemark, and all trade names, trade dress and logos, (III) all "copyrights," meaning all registered copyrights, copyright applications, copyrightable works, and unregistered copyrights, and all applications, registrations, and renewals in connection therewith, (IV) all mask works and all applications, registrations, and renewals in connection therewith, (v) all confidential information, (VI) all computer software, code and software licenses (including data and related documentation), (VII) all other similar proprietary rights, and (viii) all copies and tangible embodiments of the foregoing, in whatever form or medium;
Intellectual Property Rights, means PurpleZA's Intellectual Property, in any part of the world, including any changes or additions;
Loss, means any claim, demand, losses, damages, penalties, interest, charges, expenses of whatsoever nature, whether direct or indirect, consequential, special, general, penal, extrinsic, or exemplary charges or losses;
Party, means either PurpleZA or the User where applicable;
Personal Information, means all personal data and Confidential Information, including the identity number and name, personal contact details and bank account details (where obtained) of the User;
Platform means the online learning platform and the pages hosted and available on the Website, as well as any other affiliated micro-sites, which can only be accessed by Platform Users, wherein the School and the Platform Users can create Profiles and register for online gamified learning Courses, as well as any front-end or back-end applications, all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media, including the object code form of the Platform delivered via a CD-ROM, electronic mail, or Web page, related explanatory written materials and any other possible documentation related thereto, upgrades, modified versions, updates, additions, and copies of the Platform data, the Platform, documentation and code, including assemblers, applets, compilers, source code, source code listings, object code, data (including image and sound data), design tools and user interfaces, in any form or format, however fixed or modified;
Platform User, means a User who has registered for a PurpleZA Account;
Platform Login Details means the information provided by PurpleZA to a Platform User, to enable a Platform User the ability to login and use the Platform, once the School has subscribed for and paid the Fees;
PurpleZA Account, means your account on our Website and encompasses your Platform Login Details, your rights of access as well as permissions;
Service, means all Services provided by PurpleZA to a User or the Platform User;
Terms, means the Terms and Conditions for use of the Website;
Website, means www.purpleza.co.za or its affiliated websites, blogs, or websites;
User, means you, the user of our Website and Services or person who visits our Website;
INTERPRETATION
In this Terms, unless the context indicates a contrary intention:
clause headings are for convenience and are not to be used in its interpretation;
an expression which denotes -
any gender includes the other genders;
a natural person includes a juristic person and vice versa; and
the singular includes the plural and vice versa.
Any substantive provision, conferring rights or imposing obligations on a Party and appearing in any of the definitions in this clause 1 or elsewhere in these Terms, shall be given effect to as if it were a substantive provision in the body of the Terms.
Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout these Terms.
Where figures in these Terms are referred to in numerals and in words, and there is any conflict between the two, the words shall prevail, unless the context indicates a contrary intention.
Reference in these Terms to "days" shall be construed as calendar days unless qualified by the word "business", in which instance a "business day" shall be any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time. Reference to "business hours" shall be construed as being the hours between 08h30 (eight hours and thirty minutes) and 17h00 (seventeen hours) on any business day, and time shall be based upon South African Standard Time.
Unless specifically otherwise provided in these Terms, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.
The words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "includes" and "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it. The application of the eiusdem generis rule is therefore excluded.
Where these Terms requires a Party to use its “best endeavours” or "reasonable endeavours" in relation to an act or omission, that Party shall do all such things as are or may be reasonably necessary or desirable to achieve that act or to omit taking an action, unless the Parties agree that it is not reasonable to take the action or to omit taking an action.
No provision herein shall be construed against or interpreted to the disadvantage of a Party by reason of such Party having or being deemed to have structured, drafted or introduced such provision.
The expiration of these Terms shall not affect such of the provisions of these Terms that expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
Not all terms are in defined order, and where any words such as “including”/ “excluding” are used, together with specific examples, then such words will not limit the scope of the example referred to and shall apply to all examples used in these Terms.
The terms "user", "you" and "your" are used interchangeably in these Terms and refer to all persons accessing the Services, Website or the Platform for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” used to refer to PurpleZA or its possession.
THE SERVICE
The main Service PurpleZA provides is an online learning Platform where the Users’ Employer can register the User for an PurpleZA Account on the Platform, where the User can access the Courses, as well as where further information can be obtained about PurpleZA, its Service(s), general information and where messages can be sent to PurpleZA and as PurpleZA’s staff. Once registered for the Service, the User will, for the purposes of these Terms, thereafter, be regarded as a Platform User.
Unless otherwise agreed to in a separate written agreement between PurpleZA and the Platform User, the Service is made available solely for the Platform User’s personal use. Accordingly, the User may NOT share his/her Platform Login Details with anyone.
The Platform User may only login and access a PurpleZA Account and the Platform if he or she has been registered for a PurpleZA Account.
When the Employer applies for a PurpleZA Account on behalf of the User, the Employer will provide with PurpleZA with contact details: contact number and e-mail address of the User. The Platform User must further provide consent for PurpleZA to be allowed to retain the provided contact details for a minimum of 5 (five) years, or as required by law.
Should the Platform User attempt to furnish any false and/or fraudulent information, this constitutes a material breach of these Terms, and PurpleZA reserves the right to terminate the relationship between the Parties and/or suspend the Platform User’s PurpleZA Account. PurpleZA also retains its right to report the User to the relevant regulatory authority.
PurpleZA reserves the right to accept or decline any request to register a PurpleZA Account or reject any request to participate in a PurpleZA Course. The decision to do so is at the sole discretion of PurpleZA and may be effected without providing reasons for the said acceptance or refusal.
PurpleZA further reserve the right to cancel and/or postpone and/or temporarily suspend a Course at its convenience but with reasonable and timeous notice.
All Courses communications of PurpleZA shall be in English (RSA).
PurpleZA's content on the Website and the Platform is strictly subject to copyright and shall not be distributed to third parties.
Users must not share, distribute, replicate, copy, or sell any information which has been obtained from PurpleZA or from the Platform, or any staff member or attendee of PurpleZA’s programmes, for commercial purposes. The information available on the Website and the Platform is strictly only available for use by the Platform User for educational and personal purposes.
The User makes use of the Service at his or her own risk. PurpleZA shall not be held liable for any Losses which may be incurred by the User for any reasons whatsoever.
Subject to compliance with the Terms, PurpleZA grants the User a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website and on the Platform on any machine which the User is the primary user. However, nothing contained on the Website and the Platform should be construed as granting any licence or right to use any Intellectual Property or any Intellectual Property Rights of PurpleZA without the prior written consent and authorisation of PurpleZA. Users must not copy, tamper with or attempt to tamper with any aspect of the Website or the Platform or another user of our Service.
The Service may be made available or accessed in connection with third party services and content (including advertising) that PurpleZA does not control, in which case PurpleZA does not in any way endorse such third-party services or content, and PurpleZA shall not be held liable for any services or products in connection with such third-party provider.
ONLINE LEARNING EXPERIENCE
The Platform User understands that he or she is entirely responsible for his or her own learning and progression through the Courses.
IMPORTANT TO NOTE: Depending on the country of which you are a citizen and/or resident, you may or may not have access to some of or all the Services. PurpleZA does NOT warrant that your use of the Services or access to the Website and the Platform will be lawful in the country from where you are utilising the Services.
Further, PurpleZA cannot and does not guarantee that the Courses will proceed without being interrupted by, inter alia, loadshedding and/or connectivity issues or technical issues, in which case PurpleZA reserves the rights to postpone and/or reschedule any session(s) which have been interrupted at its convenience.
PurpleZA further cannot and does not guarantee the Platform User will pass any of the PurpleZA courses, or the assessments he or she is utilising the Service in preparation for. The Platform User hereby acknowledges that PurpleZA does not guarantee that she or he shall pass any upcoming assessments and warrants that she or he shall not hold PurpleZA or any of its affiliates liable because she or he has failed an assessment.
USER'S PURPLEZA ACCOUNT REQUIREMENTS AND RESPONSIBILITIES
The User's Employer must only register a PurpleZA Account if the intended User meets the below-mentioned criteria. This provides the requirements to open maintain an account with PurpleZA. By accessing the Website and applying for use of the Service and/or using the Service, the User warrants that he or she shall:
have sufficient internet connectivity to access the Service;
not use any other person's Platform Login Details to access the Platform;
familiarise himself or herself with all the laws applicable to his or her ability to access the Services and his or her PurpleZA Account;
not attempt to access any other Platform User’s PurpleZA Account, whether with consent or not;
not share any PurpleZA resources with any third party under any circumstance whatsoever, save where such third party is in the employ of the Employer; and sharing such resources will not breach any part of these Terms, nor be used for commercial purposes;
not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly utilising the Services, or be otherwise inappropriate;
only operate a PurpleZA Account in his or her own name;
not attempt to and/or breach any Intellectual Property Rights of PurpleZA, nor attempt to replicate, steal, copy or make use of any Intellectual Property Right of PurpleZA for his or her own commercial gain or for any purpose without the express written consent of PurpleZA.
Should the User be in breach, or should PurpleZA reasonably suspect that the User has breached and/or attempted to breach, any of the warranties contained in clause 5.1 above, PurpleZA may immediately revoke his or her access to the PurpleZA Account, or restrict his or her access to the PurpleZA Account, whether it be temporarily or permanently.
SUITABILITY FOR USE
The User and/or Platform User (where applicable) shall be responsible for obtaining the necessary data network access, hardware and software to utilise the Service. His or her mobile network’s data and messaging rates and fees may apply if he or she accesses or uses the Service from a wireless-enabled device and he or she shall be responsible for such rates and fees.
The User and/or Platform User (where applicable) shall be responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Website and any updates thereto. PurpleZA cannot and expressly does not guarantee that the Service, or any aspect thereof, will function on any hardware or devices. In addition, the Service and the use of the User’s PurpleZA Account and the Platform and may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
PurpleZA shall not be held liable for any Losses that the User may incur whilst utilising the Service.
HYPERLINKS AND OTHER SITES
The Website and the Platform may include links to other internet websites ("the Other Sites"). PurpleZA does not own or endorse the Other Sites and is not responsible for the information, material, products or services contained on or accessible through the Other Sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
PurpleZA does not purport to own the content on Other Sites which may be shown on the Website. Should the owner of any content showcased on the Website and the Platform want the content to be removed, please send an email to lindsay@purpleza.co.za and PurpleZA will liaise with you on the removal of the content.
The Website and the Platform may contain advertisements. Any sponsor of such advertisement is responsible for ensuring that material submitted for inclusion on the Website complies with all applicable laws and regulations.
INTELLECTUAL PROPERTY PROTECTION
All Intellectual Property and Intellectual Property Rights owned (or co-owned or licensed, as the case may be) by PurpleZA, its directors, associates and/or partners, or any of its affiliates, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation, regulations and treaties.
Subject to the rights afforded to the User in these Terms, all other rights to all Intellectual Property are reserved.
The User shall comply with all applicable laws and regulations pertaining to any Intellectual Property Rights in respect of any information, data, or Intellectual Property accessed, stored or retrieved by him or her when using our Website or the Services.
The User shall not reproduce, copy, download, print, modify, alter, publish, broadcast, distribute, sell, transfer or otherwise unlawfully use any Intellectual Property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the prior written consent of PurpleZA unless in terms of this Agreement Intellectual Property may be copied and/or modified for educational purposes only for use by the User in the course of the User’s employment with the Employer within the educational institution. No modification of any Intellectual Property or attempts of modification save as provided herein is permitted.
PurpleZA reserves the right to make improvements or changes to the Intellectual Property, blogs, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website and/or Services, without notice to the User at any time; provided that any transactions already concluded through the User’s PurpleZA Account will not be affected by such suspension or termination (as the case may be).
Where any of the Intellectual Property has been licensed to PurpleZA or belongs to any third party, other than that which has been submitted by the User to the Website or to the Platform in the use of the Service, all rights of use shall also be subject to any terms and conditions which that licensor or third party imposes from time to time and the User agrees to comply with such third-party terms and conditions.
The User shall not make a derivative or copy of the Website or the Platform, nor shall he or she utilise data mining robots, or similar extraction tools on the Website or download any of the PurpleZA content for any commercial purpose.
The User shall not: (I) attack the title or challenge any Intellectual Property Rights belonging to PurpleZA, (II) contest the validity of Intellectual Property Rights associated with the Service or take any action or refrain from taking any action, the result of which is that such conduct could damage, impair, jeopardize, violate, dilute, or infringe PurpleZA’s Intellectual Property Rights or goodwill; (III) misuse , harm or bring into dispute the Intellectual Property Rights of PurpleZA; (IV) register or apply for registration, in any country for the User's benefit or for that of a third party (directly or indirectly), of the Intellectual Property Rights in the Service or any other Intellectual Property rights which, in PurpleZA's reasonable opinion, is the same as or confusingly similar to the Intellectual Property Rights of PurpleZA; or (V) use any other Intellectual Property Rights which, in PurpleZA’s reasonable opinion, is confusingly similar to the Intellectual Property Rights of PurpleZA.
DISCLAIMER, INDEMNITY AND WARRANTIES
The Website and the Platform, including any Intellectual Property appearing therein, is provided "as is" and "as available". PurpleZA makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, the Platform, the Courses, or the information contained therein.
All information or opinions of Users or Platform Users made available on the Website and Platform (where applicable) in relation to any of the Services are those of the authors and not PurpleZA. While PurpleZA endeavours to present such information accurately and reliably on the Website and the Platform, PurpleZA does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website and the Platform. PurpleZA, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, the Platform, the Courses and/or Services, transactions or actions resulting therefrom.
PurpleZA, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website, the Platform or the Courses in any manner.
PurpleZA shall take reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, PurpleZA does not warrant or represent that the User’s access to the Website and/or Services will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website or the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. The User’s access to and use of the Website and the Platform remains solely at the User’s own risk and the User shall take their own precautions accordingly.
The User and the Platform agrees to and hereby indemnifies and holds harmless PurpleZA, its directors, employees, and associates, from any demand, action or application or other proceedings, including for attorneys’ fees and related costs, made by any third party and arising out of or in connection with the User’s use of the Website and/or Services in any way.
The User agrees to indemnify, defend and hold PurpleZA harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the User’s breach of these Terms.
DISPUTE RESOLUTION AND GOVERNING LAW
The User's access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa
Should any dispute, disagreement or claim arise from or be in relation to these Terms or using the Services or the Platform between the Parties, concerning, among others, the use of the Website or the Services, the Parties shall endeavour to resolve the dispute amicably, by negotiation, mediation, and or conciliation and with the best interests of both Parties in mind.
Should the Parties fail to resolve such dispute in the aforesaid manner or within such further period as the Parties may agree to in their negotiations, the Parties should approach an independent industry expert who shall mediate, arbitrate and/or conciliate the discussions on their behalf.
Notwithstanding the above, both Parties consent to the jurisdiction of the High Court of South Africa, Western Cape Division or any Magistrates Court in the Western Cape having jurisdiction, notwithstanding the amount of the claim. Either Party may also use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
The Parties shall not publicize the dispute on any social media or other public platform. The Parties understand that any publicity of this nature can cause serious damage to the other Party, which damage may result in a financial claim.
TERMINATION OF USE OF WEBSITE OR SERVICES
In addition to the conditions provided for above, PurpleZA reserves the right to terminate the User’s use of the Services and suspend access to his or her PurpleZA Account or the Platform User’s access to the Platform, if he or she is in breach any of the Terms, or for any other valid reason.
If the User wishes to terminate the agreement with PurpleZA, you may do so by not using the Website and/or Services. If she or he wishes to close her or his PurpleZA Account, please inform PurpleZA in writing by sending an e-mail to lindsay@purpleza.co.za and PurpleZA shall endeavour to respond within a reasonable time.
PurpleZA reserves the right to refrain from closing your PurpleZA Account until such time as you comply with any condition imposed by us including the remedying of any breach by you.
The obligations and liabilities of the parties incurred prior to the date of termination of this agreement shall survive the termination of this agreement for all purposes.
NOTICES AND SERVICE ADDRESS
Each of the Parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being.
In the case of PurpleZA, this address shall be at lindsay@purpleza.co.za; or
in the case of the User, at the e-mail and addresses provided by the User’s Employer to PurpleZA and/or the Website for this purpose.
Either Party may from time to time, by timeous written notice to the other, vary its service address to any other address which is not a post office box or poste restante, provided that the change only becomes effective within 14 (fourteen) business days after service of the notice in question.
Notwithstanding the above, any written notice given in English, and received by the Party to whom the notice is addressed, shall be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
GENERAL
ENTIRE AGREEMENT
These Terms contains the entire agreement between the Parties in relation to the subject matter hereof. Any alteration, cancellation, variation of, or addition hereto shall not be of any force or effect unless reduced to writing and signed by all the Parties to these Terms or their duly authorised representatives.
NO WAIVER
No indulgence, leniency or extension of time granted by PurpleZA constitutes a waiver of any of PurpleZA’s rights under these Terms and, accordingly, PurpleZA is not precluded because of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
SEVERANCE
Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof is severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, unlawful, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
If any provision of this agreement is found to be invalid, but it may be possible to alter the offending provision to make it valid, then PurpleZA agrees to attempt to or shall negotiate an alteration to the offending provision to make it valid and to give effect to the intention of the provision.
BREACH
In the event of the User breaching these Terms, the User shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by PurpleZA in relation to the payment failure or breach.
13.4.2. PurpleZA shall not be held liable for a failure in the performance or breach of these Terms caused by circumstances or an event beyond PurpleZA’s control, including any interruption, hack, interruption or breakdown in power supply, the Internet, the Website, any software or hardware, availability of internet connection or any other matter beyond PurpleZA’s control.
OTHER
Should you have any complaints or queries, kindly address an e-mail to lindsay@purpleza.co.za to inform us of such complaint or query.
No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation, such as, but not limited to the Consumer Protection Act, 68 of 2008 and any regulations thereto.
