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Terms and Conditions

APPROX (Pty) Ltd t/a Dracore Data Sciences Terms & Conditions:

  1. The Subscriber further agrees that any services may be discontinued should the Subscriber’s account not be paid and kept up to date. The discontinuance of services shall be within the sole discretion of APPROX (Pty) Ltd t/a Dracore Data Sciences. The Subscriber accepts that all payments will be due and payable 7 days from date of invoice.
  2. Should the Subscriber’s services be discontinued due to non-payment, the Subscriber is still liable for outstanding amounts owing. APPROX (Pty) Ltd t/a Dracore Data Sciences, at its sole discretion, may elect to discontinue the Subscribers services due to non-payment, and the Subscriber will still be liable for outstanding amounts owing.
  3. All accounts that are in arrears for 60 days will be suspended from accessing the MYCE system until payment is made in full.
  4. Should the Subscriber’s Debit Order fail, APPROX (Pty) Ltd t/a Dracore Data Sciences will retry for the next working day and the debit order failed fee of R20.00 will be added to the Subscriber’s outstanding balance.
  5. Should the Subscriber fail to ensure that it has paid all amounts due by it to APPROX (Pty) Ltd t/a Dracore Data Sciences, and APPROX (Pty) Ltd t/a Dracore Data Sciences elects to terminate this agreement prior to the expiry of the contract period, the training fee of R2 000.00 will be added to the Subscriber’s outstanding balance.
  6. The Subscriber accepts that the initial term of the contract is 12 months. Should the Subscriber wish to terminate this agreement before the initial contract period is complete, the Subscriber must provide one calendar month’s notice. A reasonable cancellation penalty may be imposed. Should the Subscriber wish to terminate this agreement, written cancellation on the Subscriber’s letterhead is required to be sent to This email address is being protected from spambots. You need JavaScript enabled to view it..
  7. Should the Subscriber terminate this agreement prior to the expiry of the contract period, the training fee of R2 000.00 will be added to the Subscriber’s outstanding balance, as a reasonable cancellation fee.
  8. The Subscriber will remunerate APPROX (Pty) Ltd t/a Dracore Data Sciences according to the Subscription fee structure agreed upon in this agreement.
  9. If the Subscriber signs this agreement as a Trustee, or an agent or on behalf of a Company, then the Subscriber by his /her signature, hereto, interposes and binds himself/herself in favour of APPROX (Pty) Ltd t/a Dracore Data Sciences as surety for and co-principle debtor in solidum with such Trust or Company for the due and timeous performance by it of all its obligations as a Subscriber in terms of this agreement
  10. The Subscriber confirms that the above-mentioned information is true, correct and complete.
  11. The Subscriber herewith grants its approval for APPROX (Pty) Ltd t/a Dracore Data Sciences to fully investigate and verify information regarding this agreement.
  12. The person signing this agreement acknowledges that he/she is fully authorised to sign this agreement on behalf of the Subscriber.
  13. The Subscriber is specifically prohibited from allowing any other person from using their APPROX (Pty) Ltd t/a Dracore Data Sciences account. Usage is monitored and any abuse by a Subscriber will result in immediate suspension, without limitation to any rights APPROX (Pty) Ltd t/a Dracore Data Sciences may have under this agreement.
  14. The Subscriber shall not make use of their APPROX (Pty) Ltd t/a Dracore Data Sciences account on more than 5 devices (only the Subscriber may make use of the services on any of the devices). APPROX (Pty) Ltd t/a Dracore Data Sciences reserves the right to, at any time, investigate circumstances under which APPROX (Pty) Ltd t/a Dracore Data Sciences is used for purposes of determining where a single account is being used by multiple users.
  15. Should APPROX (Pty) Ltd t/a Dracore Data Sciences investigation reveal the use of an account by multiple users, the investigation constitutes prima facie evidence of use of the account by multiple users and should the Subscriber challenge such investigation, it shall bear onus to prove its defence through expert evidence of a suitable qualified IT professional, who must disprove APPROX (Pty) Ltd t/a Dracore Data Sciences investigation in all material respects, on a balance of probabilities.
  16. Should it be determined that a APPROX (Pty) Ltd t/a Dracore Data Sciences account is being used by multiple users, the Subscriber shall be held liable for each search conducted from the account at R4.50 excl. VAT per search conducted through the account.
  17. The Subscriber confirms that it will take full responsibility to ensure that access to this APPROX (Pty) Ltd t/a Dracore Data Sciences Subscription is always limited to the Subscriber.
  18. Any information provided shall merely reflect information collected by APPROX (Pty) Ltd t/a Dracore Data Sciences from various data sources and the Subscriber agrees and understands this to be so.
  19. The Subscriber indemnifies APPROX (Pty) Ltd t/a Dracore Data Sciences against any loss of whatsoever nature that the Subscriber may suffer because of breach by the Subscriber of any of the terms and conditions in this agreement, or any legislation that may be applicable.
  20. The Subscriber expressly waives and renounces all its rights of whatsoever nature that it may have against APPROX (Pty) Ltd t/a Dracore Data Sciences for any loss suffered by it, because of any information supplied by APPROX (Pty) Ltd t/a Dracore Data Sciences being incorrect, incomplete or inaccurate.
  21. The Subscriber acknowledges that the information supplied by APPROX (Pty) Ltd t/a Dracore Data Sciences is published/made available for information purpose only and that any action by the Subscriber pursuant to that information is taken at the sole risk of the Subscriber.
  22. The Subscriber acknowledges that the data is not to be extracted in any form for consumption outside of the APPROX (Pty) Ltd t/a Dracore Data Sciences application and if this is the case, APPROX (Pty) Ltd t/a Dracore Data Sciences reserves the right to cancel the agreement with immediate effect. APPROX (Pty) Ltd t/a Dracore Data Sciences requires that the Subscriber always maintains a fair usage policy.
  23. Should either party breach or otherwise be in default of any of its obligations under or in terms of this agreement and remains in breach after 14 days written notice by the other party to the party in breach about the breach the other party shall be entitled (but not obliged), in addition to any other to cancel this agreement without claiming damages or to obtain an order against the defaulting party for specific performance with or without claiming damages.
  24. APPROX (Pty) Ltd t/a Dracore Data Sciences may, at its sole discretion, change or adapt the functionality of the system at any time. Should such changes or adaption result in the Subscriber’s computer equipment becoming partially or totally unusable on the system, APPROX (Pty) Ltd t/a Dracore Data Sciences will in no way be held responsible for any damages, of any nature whatsoever, that may result from such changes or adaption in which event the Subscriber may have the right to terminate this agreement without penalty with 7 days written notice.
  25. Whilst APPROX (Pty) Ltd t/a Dracore Data Sciences undertakes to use its reasonable endeavours to ensure that the Subscriber will have access to the application, APPROX (Pty) Ltd t/a Dracore Data Sciences in no way guarantees uninterrupted access to the application.
  26. APPROX (Pty) Ltd t/a Dracore Data Sciences automatically may collect the Subscriber’s browser type and browser software version to tailor the presentation of the site and site services and maintain record of the records on file of all the IP addresses that access the site, APPROX (Pty) Ltd t/a Dracore Data Sciences may also collect IP addresses to identify user’s personal information for fraud prevention purposes. Finally, APPROX (Pty) Ltd t/a Dracore Data Sciences may collect additional information from or about the Subscriber or the Subscriber’s information in other ways not specifically for Data Enrichment of the Database.
  27. The Subscriber may not cede or assign its rights of obligations in terms of this agreement without obtaining the prior written consent from APPROX (Pty) Ltd t/a Dracore Data Sciences, which consent will not be unreasonably withheld.
  28. The terms and conditions of the Subscription agreement are fully set forth in this agreement. Any amendment, alteration, release or cancellation of any of its provisions shall only be valid if made in writing and signed by both parties.
  29. The Subscriber also acknowledges to have read, understand and accept all the terms and conditions herein.
  30. Accounts that are in arears for 60 days will be handed over for Legal Action and the Subscriber will be responsible for legal fees accrued.
  31. Notwithstanding the amount which may be at any time owing by the Subscriber to APPROX (Pty) Ltd t/a Dracore Data Sciences, the parties do hereby consent in terms of section 45 of the Magistrates Court Act (No 32 of 1994 as amended), to the jurisdiction of the Magistrates Court having jurisdiction of the determination of any action or proceeding otherwise beyond the jurisdiction of the said court which may be brought by APPROX (Pty) Ltd t/a Dracore Data Sciences against the Subscriber arising out of any transaction between the parties, it is recorded that the Subscriber will be held responsible for cost on an attorney client scale.
  32. Should APPROX (Pty) Ltd t/a Dracore Data Sciences proceed against the Subscriber for the enforcement of any provision of this agreement, the Subscriber shall be liable for the costs of the enforcement on an attorney – client scale.
  33. All information of whatsoever nature, whether printed, electronic, typed, written or oral supplied by APPROX (Pty) Ltd t/a Dracore Data Sciences is in the strictest confidence and is for use of the Subscriber only and shall not be used for any other purpose whatsoever other than the purpose indicated, without prior written consent from APPROX (Pty) Ltd t/a Dracore Data Sciences The information supplied is strictly confidential and shall not be divulged to any third party and without limiting the generality thereof, to the parties supplying the reports.
  34. APPROX (Pty) Ltd t/a Dracore Data Sciences shall not be liable for any loss suffered by any person or persons because of any action of omission on the part of APPROX (Pty) Ltd t/a Dracore Data Sciences and its employees, agents, correspondents, accountants or attorneys in procuring, collecting and communicating or gathering information to the Subscriber. Whilst APPROX (Pty) Ltd t/a Dracore Data Sciences undertakes to use its reasonable endeavours to ensure that the information supplied is accurate, no liability of whatsoever nature shall attach to APPROX (Pty) Ltd t/a Dracore Data Sciences, its employees, agents, correspondents, accountants or attorneys for any mistake, errors or omission in the information supplied. APPROX (Pty) Ltd t/a Dracore Data Sciences does not, in any way, guarantee the correctness of the information supplied.
  35. The Subscriber acknowledges and agrees that the information supplied by APPROX (Pty) Ltd t/a Dracore Data Sciences shall be utilised by it solely and exclusively for the purposed indicated and for no other purpose whatsoever.
  36. The Subscriber further agrees to grant APPROX (Pty) Ltd t/a Dracore Data Sciences access to audit the purpose for which the system is used to ensure compliance in terms of the National Credits Act, Act 34 of 2005 and its regulations as well as the Protection of Personal Information Act, No 4 of 2013.
  37. The Subscriber also acknowledges that it is familiar with the content of the National Credit Act and the Protection of Personal Information Act and will not perform any act and/or deed in contravention to these Act’s and/or their regulations.
  38. It is specifically acknowledged and accepted that APPROX (Pty) Ltd t/a Dracore Data Sciences provides the Subscriber with access to information, which may include Personal Information. The Subscriber determines the purpose of and means for processing the Personal Information and is therefore the responsible party for the purposes of the Protection of Personal Information Act. As the responsible party, the Subscriber is liable to comply with the Act in all regards. The Subscriber hereby confirms that it has familiarised itself with the provisions of the Act.
  39. The Subscriber is required to obtain the data subjects explicit consent when data is processed. The Subscriber will bear the onus of proof of consent. The Subscriber shall be liable for any loss or damages suffered by APPROX (Pty) Ltd t/a Dracore Data Sciences and specifically indemnifies and holds APPROX (Pty) Ltd t/a Dracore Data Sciences harmless of any such loss or damages, because of the Subscriber’s failure to obtain explicit consent or should the Subscriber be unable to prove explicit consent for the processing of data.
  40. The Subscriber is required to inform the data subject that, in the event that the data subject opts-out, the data subject’s information will be de-identified, but that other providers may contact the data subject and that this will be beyond the control of the Subscriber.
  41. Should the Subscriber be advised that a data subject wishes its information to be de-identified, the Subscriber shall immediately refer the data subject to Data Subject Notification. The Subscriber will advise the data subject that the information will be removed from the Subscribers Database.

ADDRESS

Block A, 1st Floor
Northlands Corner
Cnr Witkoppen & New Market Rd
Johannesburg
South Africa

CONTACT

Office: +27 10 595 3571 (Ext 820)
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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