PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.
A. General Terms and Conditions of Use
1.1 In this user agreement, the terms below will bear the following meanings:
1.1.1 “LegacyXYZ Apps” means any online application software that is provided by or is connected with LegacyXYZ that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
1.1.2 “Site” means collectively our website/s and the LegacyXYZ Apps.
1.1.3 “we”, “us”, “our” and “LegacyXYZ” means LegacyXYZ Limited, being the holding company of the LegacyXYZ Group of Companies, all its affiliates and subsidiaries and any developers that LegacyXYZ may employ from time to time.
1.1.4 “website” means the internet websites with the address www.LegacyXYZ.com or any website with a URL that is validly registered to LegacyXYZ.
1.1.5 “you” and “your” means the user of the Site and/or your legal guardian.
1.1.6 “Pass” means a digital representation of the information you would normally carry in your wallet, for example, membership cards, boarding passes, event tickets and vouchers.
1.1.7 “POPI” means the Protection of Personal Information Act, no 4 of 213, any amendments thereto or re-enactment thereof and including all regulations promulgated thereunder;
1.1.8 “personal information” means information relating to you or any other living person or existing legal entity, including but not limited to:–
- 184.108.40.206 Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- 220.127.116.11 Information relating to the education or the medical, financial, criminal or employment history of the person;
- 18.104.22.168 Any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignments to the person;
- 22.214.171.124 Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- 126.96.36.199 The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,
- 188.8.131.52 Provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible;
- 184.108.40.206 Any further extensions to the definition of “personal information” in terms of POPI.
- 220.127.116.11 Where any examples are furnished to elucidate any expression or concept, such examples shall not be seen as being exhaustive of or limiting the interpretation of such expression or concept, and such expression or concept shall nonetheless be accorded its widest possible ordinary grammatical meanings.
2. Conditions of Access
2.1 Your access to, and use of, the Site is subject to the community guidelines and terms and conditions set out in this user agreement.
2.2 To avoid any confusion, you agree these terms and conditions applies to your use of:
2.2.1 the website;
2.2.2 any LegacyXYZ Apps;
2.2.3 any third-party website or mobile application licensed to us;
2.3 Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges/sms charges). LegacyXYZ cannot be held responsible for these charges.
3. Your Acceptance and Consent
3.1 By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.
3.2 When you install or download the LegacyXYZ Apps, you may be required to accept the terms and conditions or the end user licence agreement (collectively, an “EULA”) of a third-party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that the EULA is part of this user agreement and will apply to your use of the LegacyXYZ Apps.
3.3 You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.
4. Changes to this User Agreement
4.1 We may in our sole discretion add to or amend these terms and conditions from time to time. We recommend that you familiarise yourself with this user agreement regularly.
4.2 The current version of this user agreement will apply each time that you access and use the Site.
5. Your account
5.1 If you use the Site, you must keep your access details (including, your username and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your username and password. You are only permitted to use one account. If you use more than one account we will have the right to delete or suspend your access to the site from any one or all such accounts, either for a defined period of time, or indefinitely, with or without any such conditions as we may in our sole discretion determine.
5.2 Once you’ve logged onto the site, certain information, functionality and other features of the site will be accessible the next time you access the Site without having to re-enter your password. If you prefer to enter your password every time you access the Site, you can change the setting in the menu option. We will not be liable for any damages of any nature, including any consequential damages, in the event that an unauthorised user gains access to the site from your account by reason of the fact that your password did not need to be re-entered.
5.3 LegacyXYZ may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
5.4 You agree that the following actions shall be material breaches of these terms and conditions:
5.4.1 signing in as, or pretending to be, another person;
5.4.2 transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;
5.4.3 using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or
5.4.4 gathering information about others without obtaining their prior written consent;
5.4.5 perform any action that imposes an unreasonable large strain on the Website, or is designed or calculated or may cause the Website to slow down, to become inaccessible to other users or to crash;
5.4.6 copy, reproduce, alter, re-publish, disseminate or modify any material published on the Site without our prior written consent;
5.4.7 access, logging into or attempting to access any server, account or any part of the Site that you are not authorized to access;
5.4.8 link any other page to the Site without our prior written consent;
5.4.9 use any electronic tool or software or any manual means to monitor or copy any part of the site, or to test its vulnerability or security or any of its authentication procedures;
5.4.10 endeavour to establish any source codes relating to the Site;
5.4.11 utilize the trademarks, logos, tradenames, icons, graphics, text or hyperlinks of the Site in relation to any of your own service offerings or for any reason whatsoever, without our prior written permission;
5.4.12 failure to make any payment due to LegacyXYZ on the due date.
5.5 Should any breach occur, LegacyXYZ shall have the right to delete or suspend your access to the site, either for a defined period of time, or indefinitely, with or without any such conditions as we may in our sole discretion determine.
5.6 You also guarantee that any use of your access details shall be regarded as if you were the person using such information.
5.7 Please note that the username you choose is permanent and can only be amended in LegacyXYZ’s sole discretion.
5.8 LegacyXYZ may determine certain requirements that you will need to meet when choosing a username or password. These requirements may be changed from time to time and you may be required to update your credentials.
6. Payment of services
6.1 The rates payable to LegacyXYZ will be determined in it sole discretion from time to time and the rate you will have to pay, will be the current rate in force as at the date that you use the Site. It is your responsibility to acquaint yourself with the rates charged by LegacyXYZ from time to time.
6.2 LegacyXYZ will only accept payment in South African currency, made via EFT, card or third-party payment channels. Where payment is effected through a third-party service provider, it is your responsibility to ensure that the payment details you furnish are correct and that you are authorized to use the payment medium in question.
6.3 All payments are due to LegacyXYZ on presentation of our invoice and is payable free of exchange, deductions or set-off. Should you effect payment by means of a cash deposit, you shall be liable to make good any cash deposit charges raised by our financial institution.
6.4 Should we not receive any payment due to us on the due date, we shall be entitled in our sole discretion and without any further notice to you to suspend or delete your access to the Site or to suspend your access on such conditions as we may deem fit in our sole discretion.
6.5 All overdue accounts due to LegacyXYZ shall bear interest at the rate of 2% per month calculated on the overdue amount. Should LegacyXYZ have to appoint any legal practitioner to collect the outstanding amount, you shall be liable to pay all legal fees thus incurred on the scale as between attorney and own client, irrespective of whether action had been instituted or not, together with collection commission and tracing charges.
7. Full disclosure of all relevant facts
7.1 LegacyXYZ might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.
7.2 You guarantee that all information provided by you at any time to LegacyXYZ on or via the Site, will be true, accurate, current and correct and you undertake to update the information as and when any of the information changes. LegacyXYZ will not be liable for any damages of any nature, including consequential damages, by reason of your failure to keep us informed of any changes to the information you have provided to us.
7.3 You guarantee that you have fully disclosed all facts and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.
8. Electronic communication and records
8.1 When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall serve as proof of the contents of our communications with you upon the mere production thereof, and the onus shall be on you to prove otherwise.
8.1 Any electronic communication (for example, an e-mail or SMS) sent to you at the email address or mobile number you have provided to us, will be regarded to have been received by you upon being sent by LegacyXYZ. This includes but is not limited to mobile push notifications.
8.3 If you are a registered user of the Site, you will receive communications from us via e-mail. If you do not want to receive e-mails from LegacyXYZ, you may change the way you receive your communication on the website, or you can phone our contact centre.
8.4 LegacyXYZ takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
8.5 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will be regarded as sufficient compliance with any legal requirement that such documents or communications should be in writing.
9.1 All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to LegacyXYZ, unless we expressly state the opposite, and is protected by South African and international laws governing the protection of intellectual property rights. In addition, the compilation of all content on the Site is the exclusive property of LegacyXYZ and is protected by South African and international copyright laws.
9.2 Except if permitted under this or another agreement with LegacyXYZ, no portion of the Site may be copied or transmitted via any means available now or in the future.
9.3 Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
9.4 You agree that if you breach the terms of this clause 8, it may lead to civil and/or criminal sanctions against you. LegacyXYZ reserves its rights to claim any damages it may suffer on account of a breach of these terms and conditions by any user in a court of law of any jurisdiction of its choosing and to recover punitive or exemplary damages if permitted by the laws of such jurisdiction. This will include the right to claim special, incidental, consequential or indirect damages. LegacyXYZ will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
9.5 Nothing on the Site should be regarded as granting any licence or right to use any trademark, logo, icon, tradename, graphics, text or hyperlinks without LegacyXYZ’s prior written permission and/or that of any third party who has an interest therein.
9.6 LegacyXYZ tries to ensure that the most sophisticated technology protects the information on the Site. However, LegacyXYZ cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
10.1 The Site and all information, content, tools and materials are provided by LegacyXYZ on an “as is” and “as available” basis, unless we inform you otherwise in writing.
10.2 LegacyXYZ does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.
10.3 LegacyXYZ does not guarantee that (i) the Site; (ii) the information, content, tools or materials included on the Site; (iii) the LegacyXYZ servers; or (iv) any electronic communications sent by us are free from viruses or other harmful components. LegacyXYZ will not be liable for any damages of any kind arising from your access to, or use of the Site, or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.
10.4 We are fully committed to providing you with the best possible service. However, we are not responsible for:
10.4.1 any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of LegacyXYZ; or
10.4.2any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.
10.5 Neither will we be responsible for any direct or indirect loss or damages that may arise from:
10.5.1 any of the events described in this paragraph or the paragraphs above
10.5.2 your actions or omissions that result in a breach of this user agreement;
10.5.3 any links to other websites from the Site. You also acknowledge that we cannot control the content of or the products offered on those websites;
10.5.4 a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website, put LegacyXYZ in disrepute, or constitutes a breach of any of the provisions of this user agreement; or
10.5.5 your reliance on any of the information, content, tools or materials that you obtain from the Site.
10.6 It is very important that you acknowledge and understand that the information included on the Site should not to be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your financial advisor should you require any financial services or financial products.
11.1 While LegacyXYZ makes every effort to ensure that the content and information on the Site is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the Site or whether they are complete, accurate or appropriate to your needs.
11.2 You agree to fully indemnify LegacyXYZ, its directors, and employees and will not hold us responsible for any claim relating to your use of the Site.
11.3 You agree to fully indemnify LegacyXYZ, its directors and employees from any errors or inaccuracies or incomplete information made available by third parties on the Site and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.
11.4 You agree that all information, including products and services or any terms or conditions relating to them, on the Site may change. LegacyXYZ will notify you of the important changes within a reasonable time.
11.5 All products and services provided on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.
11.6 You accept that some of the information, content, tools or materials on the Site come from external sources and you agree that LegacyXYZ is not responsible, and will not be held liable, for any information or content, received from these external sources.
12. Phishing and spoofing
12.1 If you receive an unsolicited e-mail that appears to be from LegacyXYZ and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your LegacyXYZ information by clicking on a link, it is most likely that the e-mail was sent by a “phisher” or “spoofer.”
12.2 LegacyXYZ will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to “phishing” places you and your personal information at risk. You agree that LegacyXYZ will not be responsible for any consequences resulting from your response to any email sent by a “phisher” or a “spoofer”.
13. Linking to third party websites
13.1 The Website may contain certain images and links to other third-party websites with information, content or material produced by other parties. These linked third party websites are not under the control of LegacyXYZ and LegacyXYZ is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
13.2 LegacyXYZ is providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by LegacyXYZ of the linked website, their business or security practices, or any association with its operators. You acknowledge that LegacyXYZ is not responsible for the accuracy or completeness of the information, content or material of such linked website and that it shall under no circumstances be liable to you for any costs, losses or damages howsoever arising out of your access to or use of such information.
13.4 Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
14. Applicable law
14.1 By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
15. General Provisions
15.1 The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.
15.2 If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.
15.3 No failure or delay by LegacyXYZ to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.
1.2 LegacyXYZ respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.
1.3 When dealing with your personal information we apply the following:
1.3.1 LegacyXYZ will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so.;
1.3.2 LegacyXYZ will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give LegacyXYZ your express written permission to do so, or unless LegacyXYZ is permitted or required to do so by law
1.4 By using the Site, registering or applying online for any LegacyXYZ products or services, or contacting LegacyXYZ electronically, you confirm that we may share your information within the LegacyXYZ Group of companies for administration and fraud prevention purposes or where required to provide Group wide services, benefits and infrastructure to assist you in your personal or professional capacity.
2. What do we mean by Personal Information
3. How we collect your Personal Information
3.1 Whenever you use the Site, complete an application form, contact LegacyXYZ electronically, or use one of the products, services, facilities, tools or utilities offered by LegacyXYZ on the Site, LegacyXYZ will collect your personal information.
4. Why we collect and use Personal Information
4.1 In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Site as informative and successful as possible, it is necessary for LegacyXYZ to find out exactly what you need and want. The following are some of the reasons why LegacyXYZ would collect your personal information:
4.1.1 for LegacyXYZ to process your instructions or requests; or
4.1.2 to ensure that we meet your needs, LegacyXYZ may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs; or
4.1.3 once LegacyXYZ has collected and analysed your personal information, LegacyXYZ may send you promotional material or details which we think may be of interest to you; or
4.1.4 to conduct market research; or
4.1.5 to conduct academic research which may be used to evaluate and improve LegacyXYZ’s product offerings. You are advised that information may be shared with third parties such as academics and researchers. All such information collected will be kept strictly confidential and all data will be depersonalized to the extent possible and where appropriate. No personal information will be made available to a third party unless such third party has agreed to abide by strict confidentiality protocols. If we publish the results of this research, you will not be identified by name.
4.2 Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given LegacyXYZ your consent you no longer wish LegacyXYZ to use or share your personal information, you may at any stage withdraw your consent.
4.3 You accept that we may store your personal information outside of the region or country that you may submit or use it in.
5. Protection of your Personal Information
5.1 LegacyXYZ values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information LegacyXYZ has concerning LegacyXYZ clients is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
5.2 When you use the products, services, facilities, tools or utilities provided by LegacyXYZ on the Site, you may be given an access number, username, password and/or personal identification number (PIN). You must always keep your username, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
6. Correction of Personal Information
6.1 If you ever want to update or correct any of your personal information held by LegacyXYZ, you can e-mail us or you can phone our contact centre.
7. Personal Information held by or disclosed by you or LegacyXYZ to a third party
7.2 LegacyXYZ may enter into arrangements with its partners and other third-party suppliers in order for them to provide services to you. Those arrangements may require us to disclose your personal information to them, whether in person or by means of an application or the LegacyXYZ App. You hereby consent to LegacyXYZ disclosing your personal information to those partners and third parties for this purpose and you also consent to receiving data about yourself from them. If at any time, after you have given LegacyXYZ your consent, you no longer wish to have your personal information disclosed to these partners or third parties, you may withdraw your consent.
8. Cookies and Online advertising
8.1 The website makes use of “cookies”. Whilst a user’s browser may have the option to prevent the website from using cookies, it may reduce the functionality of the website. Cookies are small bits of information that the browser keeps in order to track a user’s preferences in the use of the website. In this way, the next time you use the Site, LegacyXYZ will know who you are and that you have visited the Site before. We also collect information about how you use the website, your preferences and past browsing history.
8.2 LegacyXYZ engages third parties that help us deliver banner advertisements and other online communications. The third parties may collect and use information about LegacyXYZ customers to help us understand the offers, promotions, and types of advertising that are most appealing to our customers. The personal information they collect is aggregated and cannot be linked to a person.
8.3 Third-party vendors, including Google and DoubleClick, show LegacyXYZ ads on sites on the internet.
9. Cancellation Policy
9.1 For Users:
9.1.1 LegacyXYZ does not offer monetary refunds. Users have the option to select an alternative service provider within 14 days after their first session by giving LegacyXYZ written notice to such effect, should they believe that the coach or mentor allocated to him/her is not an adequate match. LegacyXYZ shall be entitled to levy a 5% administration charge in the event that the User wishes to switch to another coach or mentor.
9.2 For Service Providers:
9.2.1 LegacyXYZ has a “no refund” policy should a coach want to cancel the engagement with their mentee.
9.2.2 However, LegacyXYZ will consider a rebate arrangement, dependent on the next time the coach is selected. Consideration of the rebate amount is at the discretion of LegacyXYZ.
9.2.3 The coach is required to give LegacyXYZ no less than 14 days’ notice of his/her decision to cancel an engagement with the mentee to enable LegacyXYZ to make alternative arrangements for the User. Failure to comply with this requirement will result in the coach or mentor forfeiting any rebate.
11. The rights of a Data Subject
11.1 In terms of the Protection of Personal Information Act, no. 4 of 2013, any person about whom personal information is collected has to the following rights:
11.1.1 to have access to and the right to correct the personal information;
11.1.2 to object to the processing of personal information;
11.1.3 to lodge a complaint to the Information Regulator who can be reached on www.justice.gov.za/inforeg/contact.html.
C. Community Guidelines
These community guidelines complementary to, and should be read and understood together with, the general terms and conditions of use set out in Section A above.
1. You are required to be 18 years of age to register on this Site.
2. As part of this community aspect, you may post your personal opinions, messages and ideas to the Site and to the discussion forums available on the Site.
3. However, you undertake not to post content to the Site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, disclose the personal information of a third party, hate speech, untrue, incorrect or harmful, or which LegacyXYZ regards as inappropriate, and you accept that LegacyXYZ may remove this content from the Site of it contravenes any of the provisions of the User Agreement or these guidelines.
4. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, offensive, discriminatory and/or harmful content from the Site to LegacyXYZ, and LegacyXYZ undertakes to correct and/or remove such content or any part thereof if it feels that it is appropriate to do so.
5. LegacyXYZ does not editorially control, filter or read your postings on the Site on an ongoing basis, and you acknowledge and agree that LegacyXYZ shall not be responsible, in any way, for any user postings. You also agree to indemnify LegacyXYZ against any liability, claim, damage or loss of whatsoever nature that may result from your posting(s) to the Site.
6. You accept that anything you or third parties may post on the Site, will be your or such third party’s personal views and/or opinions and may not necessarily reflect the views of LegacyXYZ
7. You accept that the community aspect is integral to the Site and agree to respect and abide by these community guidelines at all times when accessing or using the Site, and to interact and engage with fellow users with equal respect and dignity.
8. Please note that as a user of any of our community websites, you determine who will have access to your personal information when you invite them to view your profile. LegacyXYZ cannot be responsible for any consequences that may result from access that you may have provided to any individual.