Terms and Conditions

Last Updated: 14 Feb 2020

    GENERAL
      We provide the following services
        legal document automation and creation; electronic signature solutions; central contract repositories, with contract life cycle management with AI smart search functions;
      through our online platform (the “Service” / “Services”) on the Website, and your access and/or use of the Website and the Services are subject to these Terms.
      When accessing the Website https://docninja.io ('Website'), you enter into a legally binding agreement with Contracts dot Tech (Pty) Ltd (“Contracts.Tech”), on the terms and conditions (the “Terms”) set out in this document. Contracts.Tech is a company incorporated South Africa, with registration number 2019/333228/07, and hereinafter referred to as 'we' or 'us' or 'our' as required by the context. These Terms apply to all visitors to the Website, including members of the public or legal entities accessing the Website for information purposes; members of the public or legal entities submitting data, files, and/or information, and/or any other material; web search engines; and data and/or information aggregators ('users' or 'you' or 'your'). These Terms and the other policies posted on the Website (including the privacy policy) constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Services and the Website. This understanding and agreement supersede all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral. The Terms and the relationship between us are governed by the laws of the Republic of South Africa. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
    For the purpose of complying with the Consumer Protection Act, 2008 (the “CPA”), certain portions of these Terms have been written in bold, so as to draw your attention to such provisions, as they:
    • limit in some way the risk of liability of Contracts.Tech or any other person;
    • constitute an assumption of risk or liability by you;
    • impose an obligation on you to indemnify Contracts.Tech or any other person;
    • constitutes an acknowledgment of a fact by you.
    You are required to ensure that before using the Website or the Service, you had an adequate opportunity to read and understand the implications of the terms printed in bold.
    By using the Service, you agree to these terms and it shall be deemed that you understand the implications thereof and that the terms were written in plain and understandable language that you understand.
    We will not be bound by any paragraphs written in blue as these paragraphs only function as an explanation of the binding clauses directly above these paragraphs.
    ACCEPTANCE
      By accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, to any guideline /explanation or any subsequent changes thereto, or become dissatisfied with us, the Website or the Services, please refrain from using the Website and/or the Services and contact us using the contact details provided in paragraph 16 below. These Terms may be updated by us at any time and at our sole discretion. We will provide notice of changes to the Website or the Terms by providing notice on our Website of any amendments to our Terms. Your continued use of the Services constitutes your consent to be bound by the changes and the then-current.
    YOUR RIGHTS AND RESTRICTIONS
      These Terms are not a sale / assignment of any software or rights and do not convey any ownership in, or to, the software relating to the Service. We grant you a non-exclusive, non-transferable, limited right to use the Services and the documents created using the Website and the Service. The right to use the documents created using the Service will only commence once payment has cleared in our bank account. Any copying of the documents created using the Service before payment has cleared is strictly prohibited. You are the owner of the data and content that you submit to the Website when creating a document using the Service as well as any additions that you may make to the document after you have purchased and download the document. You may sell a right to use the document that you created using the Services to your Clients for an amount to be determined by you. Rights sold to your client may include rights that you have received to use the document that was created using the Service subject thereto that -
        the rights provided to your clients do not exceed rights provided in these Terms or contravene any provision of these Terms; you must include a copyright notice, the content of which may be determined by us from time to time, on all documents created by using the Services; the documents created using the Service may not be commercially exploited and copyright in and to the documents created using the Software are licenced for a single transaction relating to a specific client.. To avoid doubt, the Service is provided with the specific purpose to enable you to create documents for a single transaction relating to a specific client and the documents created using the Service is not to be used as a legal template for creating further documents for other transactions and other parties.
      You undertake and warrant that you will use the documents created by the Service for single transactions relating to specific clients only and that you will not alter any documents in order to use the documents for a different transaction or parties. Should you breach the warranty contained in this paragraph you indemnify us for any loss or damage that we may incur as a result of such breach and we hold the right to suspend your account until we have been fully compensated for your breach of this warranty.
      CPA notice
      The nature of this clause is a legal indemnity
      The effect of clause is that if you breach the warranty, Contracts.Tech may institute action against you and claim from you all amounts that they would have received was it not for the breach of the warranty by you
      3.6. Should we suspect that you are not abiding by these Terms, we shall be entitled to conduct audits of your use of the documents created using the Service and you hereby undertake to provide us access to your systems as may reasonably be required to establish wether or not you are abiding by these Terms. You are solely responsible for -
        all use of the Services by you, and any individual or organization that receives, accepts, signs, or transmits a legal document created by you using the Website or Services; the accuracy, legality, and appropriateness of all data and content that you input in order the create and finalise the legal document; preventing unauthorized access to, or use of, the Service.
      By using our Services, you agree not to -
        disassemble, reverse engineer, modify, or create derivate works of any Services or documents created by using the Services; use the Services in violation of these Terms or applicable laws or regulations; circumvent or disable any security features or other aspect of the Website or the Services or, in any manner, attempt to gain unauthorized access to the Website or Services; use the Website or Services to transmit unlawful material, or to store or transmit material in violation of third-party privacy rights; use the Website or the Services to store or transmit any material that may infringe the intellectual property or other rights of third parties; knowingly or negligently use the Services in a way that abuses or disrupts our servers, user accounts, or the Services.
      We may suspend your access to the Services or terminate these Terms if you are using the Services in a manner that contravenes these Terms or in a manner that is likely to cause us harm. You are responsible for maintaining backup copies of all documents created using the Service as well as all documents stored on our Website. We reserve the right to place reasonable storage or bandwidth limits on your account or the Services if we determine that you are misusing the Services. We or our licensors retain all proprietary right, title, and interest in the Services, our name, logo or other marks, and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. We are not a party to any legal document created through the Website or Service, and we make no representation or warranty about the transactions intended to be effected by any legal document created using the Service. We are not responsible for, and have no obligation to produce, any of your created documents to or for third parties. We have no obligation or responsibility for -
        determining whether any transaction involves a “consumer” as contemplated in the CPA; determining whether any transaction complies with applicable laws; providing legal review of created documents; complying with any specific requirements imposed by law relating to the documents created using the Service.
      If you provide us with ideas, comments or suggestions relating to the Website or Services or the documents created using the Service (the “feedback”), then:
        all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and we may use or disclose the feedback for any purpose.
    AVAILABILITY
      We will use our reasonable efforts to ensure the Service is available at all times. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of force majeure. We will use reasonable efforts to publish on the Website advance details of any foreseeable unavailability. Through the use of web services and APIs, the Service interoperates with a range of third-party services. We do not make any warranty or representation on the availability of those third-party services. Without limiting the previous sentence, if a third-party provider ceases to provide its service or ceases to make that the service available on reasonable terms, we may cease to make available our Service to you. To avoid doubt, if we exercise our right to cease to provide our Service due to a third party not providing its service anymore or providing its service on reasonable terms, you will not entitled to any refund, discount or other compensation from us.
      CPA notice
      The nature of this clause is a legal indemnity
      The effect of this clause is that you will not be able to recover or claim any amount from Contracts.Tech if Contracts.Tech is no longer in the position to provide a service which was dependant on a third-party service provider providing a service
    ACCESSING (BROWSING) OUR WEBSITE AND USING OUR SERVICES
      The Website and the content available through the Website may contain links to third-party websites ('Third-Party Websites') completely unrelated to us or our Services. If you link to Third-Party Websites, you may be subject to the terms and conditions and other policies of those Third-Party Websites. We do not endorse any content displayed on any Third-Party Website.
    DATA PROTECTION
      By disclosing or submitting personal information to us, you consent to us collecting, processing and storing it for the purposes described in our privacy policy.
      By using our Service you can submit personal information of third parties. Although, we will endeavour to process all personal information in accordance with our Privacy Policy, it is not our responsibility to obtain the required consents from the third-parties for the processing of their personal information and you undertake and warrant that you will obtain all applicable consents in accordance with applicable laws relating to the personal information of third-parties that will be provided to us before such information is provided for processing. You hereby indemnify us from any claim that may arise due to us processing personal information of a third party that was submitted by you.
      CPA notice
      The nature of this clause is a legal indemnity
      The effect of these clauses are that if a claim is instituted against Contracts.Tech as a result of you not obtaining the required consents for the processing of personal information, then you will need to pay Contracts.Tech all amounts that we may be required to pay to satisfy the claims instituted against us arising from the prossessing of the third parties information
    SUBMITTING OF DATA AND CONTENT
      If you submit any data or content to us, you expressly agree not to make available content -
        that violates any law; that is copyrighted, patented, protected by trade secret or trade mark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a licence from their rightful owner to post the material and to grant us all the licence rights granted under these Terms by the owner; that infringes any of the foregoing intellectual property rights of any party or that you do not have a right to make available under any law or under any contractual or fiduciary relationship; that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libellous, or invasive of another's privacy or other rights, or that harms or could harm minors in any way; that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that violates any employment laws including those prohibiting the stating, in any advertisement for employment, of a preference or requirement based on the race, colour, religion, sex, national origin, age or disability of the applicant; that includes personal or identifying information about another person, without that person's explicit consent; that impersonates any person or entity, including any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity; that is false, deceptive, misleading, deceitful or constitutes a 'bait and switch' offer; that constitutes a 'pyramid scheme', 'affiliate marketing', a 'link referral code', 'junk mail', 'spam', a 'chain letter' or an unsolicited advertisement of a commercial nature; that constitutes or contains any form of advertising or solicitation including any form of advertising or solicitation that is
          posted in areas or categories of the Website which are not designated for such purposes; or e-mailed to users who have requested not to be contacted about other services, products or commercial interests;
        that includes links to commercial services or Third-Party Websites, except as specifically allowed by us; that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law; that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue, with an excessive number of messages (flooding attack) to the Services or that otherwise negatively affects other users' ability to use the Services; or that employs misleading e-mail addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Services.
      Additionally, you agree not to
        not contact anyone who has asked not to be contacted, make unsolicited contact with anyone for any commercial purpose, or 'stalk' or otherwise harass anyone; make any libellous or defamatory comments or postings to or against anyone; collect Personal Information (as defined in the privacy policy) or data about other users or entities for commercial or unlawful purposes; attempt to gain unauthorised access to computer systems owned or controlled by us, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services or the Website; use any form of automated device or computer program ('flagging tool' or 'automated flagging device') that enables the use of our 'flagging system' or other community control systems without each flag's being manually entered by a human who initiates the flag, or use any such flagging tool to remove the posts of competitors or other third parties, or remove a post without a reasonable good-faith belief that the post being flagged violates these Terms or any applicable law or regulation.
    INTELLECTUAL PROPERTY RIGHTS
      You acknowledge and agree that the materials on the Website, including the documents, the content of the documents, text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like ('Materials'), and the trademarks, service marks and logos contained therein ('Marks'), are owned by or licensed to us and are subject to copyright and other intellectual property rights. We reserve all rights not expressly granted herein to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, otherwise than as expressly permitted herein, or to use, copy or distribute the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or that enforce limitations on the use of the Website or Materials. The Services are protected to the maximum extent permitted by copyright laws, other laws, and international conventions or treaties. content displayed on or through the Services is protected by copyright as a collective work and/or compilation pursuant to copyrights laws, other laws, and international conventions or treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof, to another server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy content or Materials from the Services, and agree to abide by all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.
    INDEMNITY
      You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees) arising from
        your use of and access to the Website and/or the Services; your violation of any term of these Terms; your violation of any third-party right, including, without limitation, any copyright, trademark, trade secret, or other property or privacy right; or any claim that your content caused damage to a third party.
      This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
      CPA notice
      The nature of this clause is a legal indemnity
      The effect of these clauses are that if a claim is instituted against Contracts.Tech due to your use of the Website or Services, then you will pay Contracts.Tech all amounts that we may be required to pay to satisfy the claims instituted against us as a result of your use of the Service
    LIMITATION AND TERMINATION OF SERVICES
      You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and to remove and discard any content within the Services, for any reason including our belief that you have violated these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Website or the Services. You also agree not to attempt to use the Services after such termination.
      CPA notice
      The nature of these clauses constitute an acknowledgement of fact by you and a limitation of liability of Contracts.Tech
      The effect of these clauses is that you will not be in a position at a later stage to deny that what is stated in the clauses and you will also not be in a position to institute any claim against Contracts.Tech if we exercise our rights under these clauses
    DISCLAIMER OF WARRANTIES
      You expressly acknowledge and agree that use of the Website and the Services is entirely at your own risk and that the Website and the Services are provided on an 'as is' or 'as available' basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law we, our officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and the Services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Website's content, the Services or the content of any Third-Party Website linked to the Website and assume no liability or responsibility for any -
        errors, mistakes or inaccuracies; unauthorised access to or use of our Service and/or any personal and/or financial information stored therein; interruption or cessation of transmission to or from the Website; bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party; or errors or omissions in any content or loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via the Website or the Services.
      We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website featured in any banner or other advertising, and we will not be a party to or in any way responsible for the monitoring of any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise appropriate caution.
      CPA notice
      The nature of these clauses is an acknowledgement of fact by you
      The effect of these clauses is that you will not be in a position at a later stage to deny that what is stated in the clauses
    REFUND POLICY
      Payment with no document
        We will refund you within 14 days if a legal document is purchased on the online platform, and you are unable to download the legal document due to a fault on our system. Given the digital nature of the legal documents created by making use of our online platform, we will refund the user if the legal document is defective and cannot be repaired or corrected within a reasonable time.
      Payment with defective document
        Users are provided with an option to preview any legal document created using the online platform before purchasing the document. With due regard to the aforementioned, and the fact that the legal documents available on the online platform are provided “as is”, a legal document created by using the online platform will not be regarded as defective if the specific legal document does not provide for an option or a scenario which the user requires or the legal document contains minor errors such as incorrect cross-referencing, numbering, grammar or syntax that can be corrected by the user after the document has been created.
    LIMITATION OF LIABILITY
      In no event will we, our officers, directors, employees or agents be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the Website or the Services, including damages arising from the use or misuse of the Website or the Services, from the inability to use the Website or the Services, or from the interruption, suspension, modification, alteration, or termination of the Website or the Services. These limitations will apply to the fullest extent permitted by law.
      CPA notice
      The nature of this clause is a limitations of liability of Contracts.Tech
      The effect of this clause is that even if you suffer a loss as a result of the use of the Service you will not be in the position to institute a claim against Contracts.Tech
    ASSIGNMENT
      These Terms and any rights and licences granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment or transfer by you will be null and void.
    SEVERABILITY
      If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms will not in any way be affected or impaired.
    SUCCESSORS AND ASSIGNS
      These Terms will inure to the benefit of and be binding upon each party's successors and assigns.
    PROVISIONS SEVERABLE
      All provisions and the various clauses of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of these Terms shall remain of full force and effect.
    CONTINUING EFFECTIVENESS OF CERTAIN PROVISIONS
      The expiration or termination of these Terms shall not affect such of the provisions of these Terms as 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.
    HOW TO CONTACT US
      If you have questions about the terms and conditions, please contact us using our support widget in the bottom right of your screen with 'Terms and Conditions' in the subject line.
    REQUIRED INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, ACT NO. 25 OF 20025
      More information about us is provided below: Full name: Contracts dot Tech (Pty) Ltd Main business address of receipt for legal service: c/o MJ Kotze Inc., The Workspace, The Club Retail, 2nd Floor Cnr 18th Street and Pinaster, Hazelwood, Pretoria, 0081. Office-bearers: MJ Kotze