TERMS & CONDITIONS

PRIVACY POLICY

 

1. INTRODUCTION

  1. This privacy policy ("Policy") of EquityMaven Proprietary Limited ("EquityMaven", "us" or "we") contractually regulates our right to collect and use certain of your information as a customer of ours ("you") and your rights in this regard and applies to your use of the EquityMaven website (https://www.equitymaven.com/) ("Website") and the services that we offer ("Services") through our platform made available through the Website ("Platform"). This Policy creates a legally binding agreement between us and you and will apply as soon as you use the Website, Platform or Services.
  2. Your use of the Website, Platform and Services will be regulated by this Policy as well as any other terms that are available on the Website ("Additional Terms"). The Additional Terms include the terms and conditions applicable to all users of the Website, Platform and Services ("Commercial Terms") and the general browser terms applicable to the general use of the Website ("Browser Terms"). If there is a conflict between this Policy and any of the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) the Commercial Terms, (2) this Policy (the privacy policy), and (3) the Browser Terms, in so far as the Additional Terms are applicable to you.
  3. Changes to this Policy. Unless notice is required in terms of any applicable laws, we may change the content of this Policy from time to time in line with any changes that the law or our internal business operations require, without prior notice. However, we will notify you of any material changes to this Policy. The current version of this Policy that applies each time you visit and/or use our Website, Platform and/or Services will regulate our relationship. It is your responsibility to consider the Policy each time you visit the Website. If you do not agree with any terms of this Policy, you must stop using the Website, Platform and Services.
  4. The right to privacy and this Policy is important to us. We are committed to taking steps to protect your privacy when you use the Platform and Services and we therefore implement business practices that comply with applicable laws, including the Protection of Personal Information Act 4 of 2013 (POPIA) and the General Data Protection Regulation ((EU) 2016/679) (GDPR) (collectively referred to in this Policy as "Applicable Law"). In this Policy, we explain how we will use and protect your Personal Information in light of Applicable Law.

 

2. PERSONAL INFORMATION

  1. Where we refer to "Personal Information" in this Policy, we mean personal information as defined in Applicable Law, being information that may be used to directly or indirectly identify you.
  2. "Personal Information" means information relating to an identifiable natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –
    1. 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;
    2. information relating to the education or the medical, financial, criminal or employment history of the person;
    3. any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assigned to the person;
    4. the biometric information of the person;
    5. the personal opinions, views or preferences of the person;
    6. 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;
    7. the views or opinions of another individual about the person; and
    8. 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,

but excludes information about an individual who has been dead for more than 20 years.

 

3. COLLECTING YOUR PERSONAL INFORMATION

We collect Personal Information about you from the following sources:

  1. directly from you when you provide it to us, such as when you sign up to use the Platform, Website and Services, contact us or through the course of our relationship with you;
  2. from public sources where you have made your Personal Information public, including on social media;
  3. from your use of our Platform, Website or use of any features or resources available on or through our Platform or Website; and
  4. from third parties when you interact with them through the Platform or Website or your interaction with us as a result of the Services or as required of the third parties to share it with us.

 

4. CATEGORIES OF PERSONAL INFORMATION THAT WE PROCESS

  1. General personal details: your name and surname, gender, date of birth, age, nationality, language preferences, identity or passport number and the information about your business.
  2. Contact details: your address, contact number, and email address.
  3. User information: Personal Information included in correspondence, transaction documents, use of the Services or other materials that we process in the course of providing the Services.
  4. Consent records: records of any consents you have given us in respect of using your Personal Information and any related information, such as the specific details of the consent. We will also record any withdrawals or refusals of consent.
  5. Payment details: payment method, information provided by payment gateway service provider, payment amount, date and reason for payment and related information.
  6. Data relating to our Platform and Website: such as the type of device you use to access the Website, the operating system and browser, browser settings, IP address, dates and times of connecting to and using the Website and other technical communications information.
  7. Cookies and other technologies.
  8. Account details: such as your username, password, usage data, and aggregate statistical information.
  9. Content and advertising data: records of your interactions with our online advertising on the various websites which we advertise and records relating to content displayed on web-pages displayed to you.
  10. Views and opinions: any views and opinions that you choose to share with us, or publicly post about us on social media platforms or elsewhere.
  11. Children's Personal Information: Personal Information of any User below the age of 18 (eighteen) years necessary for EquityMaven to render the Services and with the consent of a parent or guardian. EquityMaven will only process the Personal Information of children with the consent of a parent or guardian of that child.

 

5. PURPOSES OF PROCESSING PERSONAL INFORMATION

  1. We only process adequate and relevant Personal Information for the following purposes and legal bases:
    1. to perform in terms of our agreement with you (provide you with the Services, Platform and Website);
    2. operate and manage your account;
    3. monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development purposes;
    4. contact you by email, sms, push notifications or other means to inform you about our Services, unless you have opted-out of such communications (direct marketing);
    5. form a view of you as an individual and to identify, develop or improve the Platform, Website, and Services that may interest you;
    6. carry out market research and surveys, business and statistical analysis and necessary audits;
    7. fraud prevention;
    8. perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and adequate; and
    9. comply with our regulatory, legal or other obligations.
  2. In addition to the above purposes, we may use your Personal Information for other purposes if the law allows for it, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Personal Information will be legal in terms of Applicable Law.

 

6. DIRECT MARKETING

  1. We may process your Personal Information to contact you to provide you with information regarding our Services that may be of interest to you. Where we provide Services to you (where you are a customer of ours), we may send information to you regarding our Services and other information that may be of interest to you, using the contact details that you have provided to us. We will only send you direct marketing communications in compliance with Applicable Laws.
  2. You may unsubscribe from any direct marketing communications at any time by clicking on the unsubscribe link that we include in every direct marketing communication, in your account settings on the Website or by contacting us and requesting us to do so.
  3. After you unsubscribe, we will not send you any direct marketing communications, but we will continue to contact when necessary in connection with providing you with the Services or in connection with our business.

 

7. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

  1. We will keep your Personal Information confidential and only share it with others in terms of this Policy, or if you consent to it, or if the law requires from us to share it. We may disclose your Personal Information to:
    1. our business partners or third party processors in order to provide you with the Website, Platform and Services, such as data storage service providers, third party payment processors, etc. in accordance with written agreements;
    2. legal and regulatory authorities, upon their request, or for the purposes of reporting any breach of Applicable Law;
    3. accountants, auditors, lawyers and other external professional advisors in terms of written agreements with them;
    4. any relevant party to the extent necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, etc.;
    5. any relevant third party in the event that we sell or transfer all or any portion of our business or assets; and
    6. any relevant third party provider where our Website uses third party advertising, plugins or content.
  2. If we engage third party processors to process your Personal Information, the processors will only be appointed in terms of a written agreement which will require the third party processors to only process Personal Information on our written instructions, use appropriate measures to ensure the confidentiality and security of your Personal Information and comply with any other requirements set out in the agreement and required by Applicable Law.

 

8. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

  1. We may transfer your Personal Information to recipients in other countries. We will only transfer Personal Information to third parties in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party as required by Applicable Law.
  2. Please note that when you transfer any Personal Information directly to a third party in another country (i.e. we do not send your Personal Information to the third party), EquityMaven is not responsible for that transfer of Personal Information (and such transfer is not based on or protected by this Policy). Any Personal Information that we receive from a third party country will nevertheless be processed in terms of this Policy.

 

9. SECURITY

  1. We have implemented appropriate technical and organisational security measures designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures are in accordance with Applicable Law.
  2. The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect Personal Information, we cannot guarantee the security of your Personal Information transferred to us using the internet. Therefore, you acknowledge and agree that any transfer of Personal Information via the internet is at your own risk and you are responsible for ensuring that any Personal Information that you send is sent securely.

 

10. YOUR LEGAL RIGHTS

  1. You have certain rights in relation to your Personal Information. As available and except as limited under Applicable Law, you have the following rights in respect of your Personal Information:
    1. Right of access – the right to be informed of and request access to the Personal Information that we process about you;
    2. Right to rectification – you may request that your Personal Information be amended or updated where it is inaccurate or incomplete;
    3. Right to erasure – the right to request that we delete your Personal Information, subject to applicable limitations and exceptions;
    4. Right to restrict processing – you may request that we temporarily or permanently stop processing your Personal Information;
    5. Right to object –
      1. you may object to us processing your Personal Information; and
      2. to your Personal Information being processed for direct marketing purposes;
    6. Right to information portability – you may request a copy of your Personal Information and request that information to be transmitted for use by another person; and
    7. Right not to be subject to automated decision-making – where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.
  2. Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if another legal justification exists for the processing.

 

11. USE OF COOKIES AND SIMILAR TECHNOLOGIES

  1. When you use the Website, we automatically receive and record information on our server logs from your browser. This information may include, amongst others, your location, IP address, cookie information and Google Analytics information. This is statistical data about browsing actions and patterns. We may also obtain information about your general internet usage through a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our Website, Platform and Services, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to our Website.
  2. You can set your web browser to refuse cookies, but if you do this you may not be able to enjoy the full use of our Website, Platform or Services and you may not be able to take advantage of certain promotions we may run.
  3. Please note that third parties who advertise on our Website may also use cookies, but we do not have access to, or control over them, and therefore cannot take responsibility for them.
  4. The various types of cookies (distinguished by their function, lifespan and origin) that we may collect include the following:
    1. Analytics cookies. Cookies that are used to distinguish users of a website.
    2. Necessary cookies. Cookies that are necessary for the technical operation of a website or app. For example, they enable you to move around on a website or app and to use its features and to identify a user.
    3. Functional or preference cookies. Cookies that increase the usability of a website or app by remembering a visitor's choices, such as the language preference, login information, location of the visitor, etc.
    4. Session cookies. These are temporary cookies that are deleted once you close the browser.

 

12. LINKS ON OUR WEBSITE

Our Website may include links to other apps or third party websites which do not fall under our supervision. We cannot accept any responsibility for your privacy or the content of these third party sites, but we display these links in order to make it easier for you to find information about specific subjects.

 

13. RIGHT TO OBJECT

You may, on reasonable grounds, object to us using your Personal Information for certain purposes. If you object, we will stop using your Personal Information, except if Applicable Law allows its use. To exercise this right or to discuss it with us, please contact us at info@equitymaven.com.

 

14. CHILDREN'S INFORMATION AND SPECIAL PERSONAL INFORMATION

  1. We do not collect or use children's Personal Information for purposes other than providing the Services to Users that are children without the consent of a parent or guardian of the child. Similarly, we do not intentionally collect or process sensitive Personal Information and will only do so with consent or if required by Applicable Law.
  2. We will only use the Personal Information of child Users for purposes of providing the Website, Platform and Services to them in terms of the consent received or if there is a legal justification to use the Personal Information in terms of Applicable Laws.

 

15. QUALITY AND ACCESS TO YOUR INFORMATION

  1. Quality. We want to ensure that your Personal Information is accurate and up to date. You may ask us to correct or remove any Personal Information that you think is inaccurate, by sending us an email to info@equitymaven.com.
  2. Access. You have the right to request us to provide you with Personal Information that we hold about you. You must contact us directly to do so or send an email to info@equitymaven.com. This request may be subject to an access to information request in terms of Applicable Laws and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee.
  3. The right to access your Personal Information may further be limited in terms of Applicable Law.
  4. Retention of information. We take every reasonable step to ensure that your Personal Information is only processed for the minimum period necessary for the purposes set out in this Policy.
    1. We retain Personal Information in accordance with the required retention periods in Applicable Law or for legitimate business purposes. We will only retain your Personal Information for the purposes explicitly set out in this Policy or in the Commercial Terms. We may keep Personal Information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the Website, Platform and Services.
    2. This Policy also applies when we retain your Personal Information.
    3. We may retain your Personal Information for the duration of any period necessary to establish, exercise or defend any legal rights.

 

16. SECURITY BREACH

We will report any security breach to the applicable regulatory authority in terms of Applicable Law and to the individuals or companies whose Personal Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us by sending an email to info@equitymaven.com.

 

17. LODGING A COMPLAINT

  1. If you want to raise any objection or have any queries about our privacy practices, you can contact our data protection officer at info@equitymaven.com.
  2. You also have the right to formally lodge a complaint in terms of applicable laws as follows:

Applicable Law

Regulatory authority name

Contact details

POPI

The Information Regulator

Website: http://www.justice.gov.za/inforeg/index.html

Address: SALU Building, 316 Thabo Sehume Street, Pretoria

Tel: 012 406 4818

Fax: 086 500 3351

Email: inforeg@justice.gov.za

GDPR

The European Commission

Online complaint procedure: https://ec.europa.eu/info/about-european-commission/contact/problems-and-complaints/how-make-complaint-eu-level/submit-complaint_en

Address: European Commission, Secretary-General
B-1049 Brussels, BELGIUM

Fax: 3222964335

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18. LEGAL DISCLOSURE

  1. Legal status: this Website is run by EquityMaven Proprietary Limited, a private company, duly incorporated in terms of the applicable laws of South Africa.
  2. Directors: S Rule, C Stone and G Mountain.
  3. Description of main business of EquityMaven: EquityMaven provides a platform that enables subscribers to have their business valued using the platform's algorithm and creating a valuation presentation on the business.
  4. Email address: info@equitymaven.com.
  5. Website address: https://www.equitymaven.com/
  6. Physical address: 104b Waterfall Avenue, Craighall, Johannesburg, South Africa, 2196.

 


COMMERCIAL TERMS

 

1. DISCLAIMER

  1. EquityMaven does not endorse the accuracy or reliability of any information, statement, opinion, advice or other content contained on the Website or in any Report, and such content does not constitute legal or other professional advice and should not be used to obtain credit or for any other commercial purposes.
  2. All estimations and information provided on the Website or in any Report are made based on the information provided by the Subscriber and other company-, industry- and location-specific information that is publicly available. Some circumstances and events that might impact the overall valuation of a specific business may not have been taken into account for the purpose of any information provided on the Website or in any Report.
  3. The information provided by the Subscriber is assumed to be accurate and complete and EquityMaven has not audited or attempted to confirm the information provided by the Subscriber for accuracy or completeness.
  4. The valuations and estimations presented on the Website and in any Report are an automated estimation of the fair value of the business only and are not final and are provided as general estimates only. Valuation methods from the income and market approach have been utilised to determine the valuation results for the business. Reports should be considered as a frame of reference and not an official appraisal of the business to which it relates
  5. Any reliance you place on any information on our Website or in any Reports is strictly at your own risk and is used for internal purposes only. EquityMaven accepts no responsibility for any loss which may arise from reliance on information or materials published.
  6. All Reports are the intellectual property of EquityMaven and are subject to these Terms.

 

2. INTERPRETATION AND DEFINITIONS

  1. "Account" means the account created by Subscribers through which Subscribers access the Platform;
  2. "Assessment Tools" means the components that are used for the analysis of information provided by Subscribers through the Platform and includes the Financial Inputs, the EquityMaven Algorithm, the Key Performance Indicators and the Reports;
  3. "Dashboard" means the personal account of each Subscriber on the Platform;
  4. "EquityMaven" and "us" and "we" means EquityMaven Proprietary Limited (South African company registration number 2018/631060/07), a private company incorporated in terms of the laws of South Africa, with its physical address at 104b Waterfall Avenue, Craighall, Johannesburg, South Africa 2196;
  5. "EquityMaven Algorithm" means the exclusive and proprietary technology used by EquityMaven to provide the Key Performance Indicators and Reports and related information based on the Financial Inputs;
  6. "Financial Inputs" means the various financial and related information of the Visitor's or Subscriber's business used to generate the Key Performance Indicators and Reports;
  7. "Key Performance Indicators" means the results generated by the EquityMaven Algorithm after analysing the Financial Inputs;
  8. "Personal Data" means all information about a Subscriber that can be used to identify the Subscriber and the related business that is provided to EquityMaven to create an Account;
  9. "Platform" means the technology that is used through the Website to access and provide the Services;
  10. "Reports" means the valuation reports available for download by the Subscriber containing the Key Performance Indicators and all other information generated by the EquityMaven Algorithm, including all valuation assumptions used to generate the Key Performance Indicators and valuation estimate;
  11. "Services" means the services supplied by EquityMaven to Visitors and Subscribers, which includes the Platform, Assessment Tools, Subscription Services and all other features provided by EquityMaven to Subscribers;
  12. "Subscriber" and "you" means the individual making use of the Platform, Website and Subscription Services as a registered and paying customer of EquityMaven;
  13. "Subscription Fee" means the amount that Subscribers will be charged by EquityMaven to access the Subscription Services;
  14. "Subscription Services" means the services provided exclusively to Subscribers who have paid the Subscription Fee;
  15. "Terms" means these terms in this legally binding agreement that regulate your use of our Platform, Website and Services and our relationship with you;
  16. "Visitor" and "you" means any person who visits the Website and makes use of the Services without becoming a Subscriber; and
  17. "Website" means https://www.equitymaven.com, including all equitymaven.com sub-domains.

 

3. WHEN DO THESE TERMS APPLY?

  1. These Terms will apply when you use the Website, Platform or Services as a Visitor or Subscriber, to the extent that they are applicable to you. As a Visitor, you agree to these Terms by using the Services on the Website, and as a Subscriber, you agree to these Terms when creating an Account and using the Subscription Services.
  2. To make use of any of our Services you must agree to these Terms. We reserve the right to refuse any request for our Services without notice or reason.
  3. These Terms will also apply to any future services and interaction channels that may be made available by us.
  4. Where you make use of the Services provided through a white-label service provider, these Terms will also apply to your use of the Services in such instances.

 

4. OTHER APPLICABLE TERMS

Your use of the Platform and Services will be regulated by these Terms as well as any other terms that are available on the Website ("Additional Terms"). The Additional Terms include the privacy policy governing the use of your personal information ("Privacy Policy") and the general browser terms applicable to the general use of the Website ("Browser Terms"). If there is a conflict between these Terms and any of the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) these Terms, (2) the Privacy Policy and (3) the Browser Terms, in so far as the Additional Terms are applicable to you.

 

5. CHANGES TO THESE TERMS

  1. We may change or add to these Terms; change or cancel the Services or offer new Services to you from time to time; change the Platform from time to time; and change or remove the Website from time to time, at our discretion and without notice. We may inform you of any changes via email which will contain a link to the updated terms or with a prominent notice on the Website and Platform. For continued use of the Services, you may be requested, from time to time, to accept new or amended versions of these Terms.
  2. We will however give you 30 (thirty) days' notice of a material change to these Terms. Should you disagree with the changes made, you can discontinue using our Services.

 

6. DURATION OF THESE TERMS

Simply, these Terms apply for as long as you use our Platform or Services, which shall include the period until any disputes have been settled in the event of any disputes arising from the use of the Platform or Services.

 

7. OUR SERVICES

  1. We offer an online business valuation service which provides full, investment-banking style valuation presentations and reports based on the Financial Inputs provided and taking into account various factors applicable to your business and the industry. Our valuations are based on methodologies which are well known and respected within the valuation industry and the Services are therefore legitimate and objective and provide a detailed understanding into your business' value.
  2. EquityMaven valuation Reports are not certified business valuations and should be used for informational purposes only. The EquityMaven Algorithm relies on the accuracy and representations of the Financial Inputs. EquityMaven does not review or verify the Financial Inputs itself or independently and therefore the Reports and Key Performance Indicators are not certified valuations. EquityMaven Reports and Key Performance Indicators should therefore not be used for specific tax or legal matters including court proceedings.
  3. The Services available to Visitors include a preliminary valuation estimate based on limited Financial Inputs provided by the Visitor ("Free Services").
  4. The Subscription Services available to Subscribers include, amongst others:
    1. the registration of an Account (in terms of clause 8 below) and access to the Account and all other information on the Dashboard;
    2. the submission of detailed Financial Inputs in respect of the Subscriber's business, including information about historical and forecasted financial information and general information about the Subscriber's business;
    3. access to Key Performance Indicators derived from the Financial Inputs and the EquityMaven Algorithm which are summarised on the Dashboard; and
    4. access to Reports generated by the EquityMaven Algorithm.

 

8. YOUR ACCOUNT

  1. If you use the Website as a Visitor, you will not create an Account and will use the Free Services anonymously, subject to the information that we might collect about you in terms of our Privacy Policy.
  2. In order to access the Subscription Services, you must create an Account by providing your Personal Data to EquityMaven. Once you have created an Account, you will be a Subscriber for purposes of these Terms.
  3. By creating an Account, you acknowledge and agree that all information provided to EquityMaven, including the Personal Data, is your own.
  4. Accounts must be created by natural persons and may not be created by any automated mechanisms or robots. EquityMaven reserves the right, in its sole discretion, to suspend any Accounts that appear to have been created through automated mechanisms.
  5. You are solely responsible for the safekeeping of your Account access credentials. This means that should anyone enter your Account access credentials (whether that be you, or anyone else), we assume that the person using the Platform or Services is you.
  6. You are not allowed to share your Account with other Subscribers or Visitors. Only you may use your Account to access the Platform and Services and you may only use your Account and the Services for your own personal purposes. You are strictly prohibited from sub-licensing or commercially exploiting your Account or the Services.
  7. It is in your interests to familiarise yourself with our security requirements, guidelines and procedures communicated by us from time to time and follow these carefully.
  8. You must inform us immediately if there has been, or if you suspect, any breach of security, confidentiality or of your Account, and update your Account access credentials.

 

9. CANCELLATION AND SUSPENSION

  1. At any time, and without cause, we may cancel or suspend your Account or access to the Platform and/or use of the Services in our sole discretion, without any liability if you are in breach of these Terms.
  2. In addition, EquityMaven may cancel your Account, terminate these Terms, suspend EquityMaven's obligations, and/or remove any content that you have uploaded to the Platform if:
    1. we become aware of circumstances that lead us to believe that you will not perform your obligations required by these Terms;
    2. you have used the Website and/or Platform to breach the intellectual property rights of any third party;
    3. you have not used your Account or the Services for 3 (three) years and are therefore considered to be an inactive user; or
    4. you have suspended any payments due by you in terms of these Terms to us.
  3. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.
  4. Upon termination of these Terms:
    1. you must make all reasonable efforts to delete all parts of the Services held by you in any format whatsoever, other than Reports that you have downloaded;
    2. you must immediately cease all use of the Platform and Services;
    3. we will delete your Account and you will no longer be able to access any portion of the Website or Platform that requires an Account; and
    4. we will remove your payment information from our systems but will retain your Personal Data, Financial Inputs and all Reports generated as a result of the Services for a reasonable period of time in line with our Privacy Policy.

 

10. SUBSCRIPTION PLANS

  1. Free Services. Visitors are not required to pay for the Free Services and may make use of the Free Services as available on the Website and in compliance with these Terms only. EquityMaven reserves the right to refuse the Free Services to any Visitor and/or remove the Free Services without notice.
  2. The Subscription Services are made available in various subscription plans, which may be updated from time to time:
  Unlimited Monthly Plan
Cost ZAR 1,750 (South African Rand)
Subscription Period Monthly
Duration Ongoing – automatic renewal (subject to clause 10.5)
Reports per Subscription Period Unlimited *
Additional content Accessible

 

 

 

 

 

 

(the "Subscription Plans").

Unlimited Monthly Plan. Subscribers subscribe for the Unlimited Monthly Plan which allows Subscribers to download an unlimited number of Reports per month*. EquityMaven may also make additional content available to Subscribers of the Unlimited Monthly Plan.

  1. * EquityMaven reserves the right to implement a fair usage policy on the number of Reports that Subscribers may download on any of the Subscription Plans. EquityMaven will inform Subscribers of the fair usage policy in advance and when a Subscriber has reached the fair usage limit. Where Subscribers have reached the fair usage limit in a Subscription Period, EquityMaven may require Subscribers to pay additional Subscription Fees in order to access additional Reports for the Subscription Period.
  2. By subscribing for the Subscription Services, you subscribe to the Subscription Services for the Subscription Period.
  3. All monthly Subscription Plans renew automatically at the end of the then current Subscription Period and you authorise EquityMaven to charge you for the Subscription Services periodically until you cancel the Subscription Services.
  4. You may cancel the Subscription Services at any time during the Subscription Period through your Dashboard. Cancellation requests can be submitted at any time during the Subscription Period but must be submitted at least 7 (seven) days prior to the end of the current Subscription Period to avoid the Subscription Service renewing automatically. EquityMaven reserves the right to charge you the Subscription Fees for the next Subscription Period in the event of you not cancelling the Subscription Services in accordance with this clause 10.6.
  5. In the event of cancellation, you will retain access to the Subscription Services until the end of the Subscription Period. The cancellation will take effect the day after the last day of the current Subscription Period, and you will only be able to access the Free Services available to Visitors. To access the Subscription Services again, you will be required to subscribe to a Subscription Plan.
  6. No Pro-rata refunds will be provided in the event of you cancelling your Subscription Plan before the end of the Subscription Period as you will retain access to the Subscription Services until the end of the applicable Subscription Period.

 

11. PAYMENTS

  1. Billing details. Billing details are required before you can use the Subscription Services and the Subscription Services are made available to Subscribers once payment of the Subscription Fees has been made. You warrant that you are authorised to use the relevant billing details, and we reserve the right to terminate any Service if you are not authorised to use such details. You must ensure that there are sufficient funds to cover the Subscription Fees when they are billed, and you acknowledge that EquityMaven will not be liable for any overdraft fees that you might incur.
  2. Third party payment gateway. Subscribers agree to adhere to the terms and conditions stipulated by any third-party payment gateway that may be used by us and agree to pay any fees that may be charged by the third party. Card transactions will be acquired for EquityMaven via PayGate (Pty) Ltd who are an approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the Website. Subscribers may visit www.paygate.co.za to view their security certificate and security policy.
  3. Making payment. To make payment of the Subscription Fees, you will be directed to a third party payment gateway to provide your credit card or other payment information via a secure connection. All payments for Subscription Fees will be via the third party payment gateway and EquityMaven will not have access to your credit card information. Subscriber details will be stored by EquityMaven separately from card details which are entered by the Subscriber on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za. Payment may be made via Visa or MasterCard cards. The merchant outlet country at the time of presenting payment options to the Subscriber is South Africa. Transaction currency is South African Rand (ZAR). EquityMaven takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this Website, customer service and support, dispute resolution and delivery of the Services.
  4. Transaction records. We will make all documentation relating to transactions between you and us available to Subscribers on the Dashboard and via email.
  5. Changes to Subscription Fees. The Subscription Fees may change from time to time, subject to us giving you 30 (thirty) days' notice of such change.
  6. Failed purchase. Should payment for the Subscription Fees be unsuccessful, the Subscriber will be notified of this and will be able to attend to payment again. In the event of a failed purchase, the Subscriber will be unable to access the Subscription Services until the Subscription Fees have been successfully paid. If the Subscription Fees remain unpaid, EquityMaven reserves the right to terminate your Subscription Services and shall notify you of such termination via email.
  7. Taxes. All Subscription Fees exclude any applicable taxes unless stated otherwise. To the extent allowed under applicable laws, the Subscriber is responsible for any applicable taxes, whether they are listed on the transaction documents or not.
  8. Additional charges. If you cancel a payment by giving instruction to your bank to return your funds, and they do so, or you the billing details provided are no longer valid, you will be liable to us for any penalty which we incur to that bank or other payment processor.
  9. Foreign currency. If the Subscription Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations and you undertake to pay the Subscription Fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.

 

12. REFUNDS

  1. Given the nature of the Services and that Reports are downloadable digital items, we do not generally offer a refund or credit on Subscription Fees once you have started to use the Subscription Services unless required under consumer protection laws.
  2. Cooling-off period. If you have not yet used the Subscription Services and would like to cancel your subscription to the Subscription Services, you must contact us at info@equitymaven.com within 7 (seven) days of making payment of the Subscription Fees with your request to cancel the Subscription Services. EquityMaven will not refund any Subscription Fees in terms of this clause 12.2 if you have used the Subscription Services or if you request a refund after 7 (seven) days of making payment.
  3. Dissatisfaction with the Subscription Services.
    1. If you have used the Subscription Services and are dissatisfied with them and would like to request a refund or credit on your Subscription Fees, you must contact us at info@equitymaven.com within 7 (seven) days of making payment of the Subscription Fees.
    2. EquityMaven will assess all requests on their merits, taking into account the digital nature of the Services and Reports, the types of problems you encountered, the fact that a full preview of the Report was available before subscribing for the Subscription Services and your use of the Subscription Services.
    3. Refunds in terms of clause 12.3 will be granted at the sole discretion of EquityMaven, taking all circumstances into account.
  4. All refunds granted will be paid back to the Subscriber within 30 (thirty) days of the refund being granted.
  5. Where you request a refund for whatever reason and it is granted, you will no longer be able to access any content on the Website or Platform.

 

13. SUSPENSION OF THE SERVICES AND/OR PLATFORM

  1. EquityMaven may temporarily suspend the Platform or Services for any reason, including repairs or upgrades to the Website, Platform or other systems. EquityMaven will take reasonable efforts to notify Subscribers of such suspensions in advance.
  2. In the event that the Website, Platform or Services are suspended for a period of 30 (thirty) days resulting in Subscribers not being able to access the Subscription Services, EquityMaven will inform Subscribers of the suspension in advance (if possible) and will, at the Subscriber's election, (i) suspend the Subscription Period; (ii) refund a portion of the Subscription Fees pro-rata to the suspension period; (iii) or terminate the Subscriber's Subscription Plan and refund the Subscription Fees pro-rata.

 

14. CHANGES TO THE SERVICES

  1. EquityMaven shall inform Subscribers of any material changes to the Services by manner of email or prominent notice on the Platform. Continued use of the Platform after this notice has been displayed shall be deemed as your acceptance of the changes.
  2. Should any changes to the Services result in a Subscriber having less functionality from the Services, the notice will be sent 30 (thirty) days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.

 

15. ACCEPTABLE USE POLICY

  1. A Subscriber may not share its Account with anyone – the Account is for the sole use of the Subscriber.
  2. Subscribers may specifically not use the Services or Platform to perform evaluations for their customers or clients. The Services and Platform are made available for the personal, non-commercial use of the Subscriber only.
  3. Some devices may not support the use of our Platform. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Platform, including internet access capabilities.
  4. The use of our Platform and Services may be restricted to certain geographical areas. It is your responsibility to determine whether your location is supported by our Platform or Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Platform or Services not being supported in your location.
  5. You must respect our Platform and our intellectual property in utmost good faith and use it only as we intend it to be used. Any use by you of our Platform and/or Services which violates this undertaking can result in us terminating your use of our Platform and/or Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Platform or Services, but these will likely be good grounds:
    1. copying or distributing any of the content without our explicit consent to do so;
    2. providing any untrue or incorrect information to our Platform and/or our Services;
    3. changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of our Website and/or Services, including their security features or reverse engineering our Platform;
    4. infecting our Platform with any software, malware or code that may infect, damage, delay or impede the operation of our Platform or which may intercept, alter or interfere with any data generated by or received through our Platform and/or the Services;
    5. using malicious search technology, including, but not limited to, spiders and crawlers;
    6. deep linking to any pages of our Platform in a way to suggest that you are the owner of any intellectual property in our Platform and/or Services;
    7. using the interactive sections of our Platform to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws; or
    8. allowing any third party to use your Account in any manner other than as permitted by these Terms.

 

16. CONSENT REQUIRED FOR MINORS

  1. In terms of South African law, any persons under the age of 18 (eighteen) years require the consent or assistance of a parent or guardian to legally enter into a reciprocal agreement.
  2. Any user of the Platform who is not at least 18 (eighteen) years old requires the consent or assistance of a parent or guardian to use our Platform and/or Services.
  3. We accept no responsibility for invalid consent being provided by a Visitor or Subscriber. Any legal action taken against a minor as a result of their use of our Platform and/or Services is independent from EquityMaven and we will not be a party to any such legal action.

 

17. ELECTRONIC MESSAGES AND COMMUNICATION

  1. We will primarily use email and electronic notices on the Platform as our main communication tool for all communications relating to our Platform, Services, or these Terms. This may also include the use of SMS (short message services), registered mail or telephone.
  2. By accepting these Terms and using our Services or the Platform, you expressly agree to us using your personal contact information provided in your Account for communicating with you via electronic messages and communication. This includes us sending you direct marketing communications.

 

18. THIRD PARTY SITES

  1. We may provide certain hyperlinks to third party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement of any third party on our Platform does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.
  2. If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.

 

19. INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Platform or the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)' property and will remain our or the owner's property at all times.
  2. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Services.

 

20. WARRANTIES AND REPRESENTATIONS

Subject to applicable laws:

  1. We give no guarantee of any kind concerning the content or quality of our Platform, Website or Services.
  2. We do not give any warranty (express or implied) or make any representation that our Platform, Website or Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
  3. We make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Platform, Website, Services and/or the information, images or audio contained on the Platform. Our Platform and Services are used at your own risk.
  4. You warrant to and in favour of us that:
    1. you have the legal capacity to agree to and be bound by these Terms; and/or
    2. you have the consent of a parent/guardian in cases where you are younger than 18 (eighteen) years old or you are 18 (eighteen) years or older; and
    3. these Terms constitute a contract valid and binding on you and enforceable against you.
  5. Each of the warranties given by you will:
    1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;
    2. continue and remain in force irrespective of whether your account is active, suspended or cancelled; and
    3. be deemed to be material.

 

21. LIMITED LIABILITIES

  1. To be clear:
    1. we will not be liable for any loss arising from your use of the Platform and/or Services or any reliance on Key Performance Indicators or Reports;
    2. we will not be liable for any Services that you have not used during a Subscription Period and which you have forfeited as a result;
    3. we will not be liable to you for any loss caused by using our Platform and/or Services or your liability to any third party arising from those subjects. This includes:
      1. any interruption, malfunction, downtime, off-line situation or other failure of the Platform, Website, system, databases or any of its components;
      2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Platform or Website; and
      3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Platform, Website, or third-party systems or programming defects;
    4. we will not be liable if any material available for downloading from the Platform or Website is not free from infection, viruses and/or other code that has contaminating or destructive properties;
    5. the Platform or Website may include inaccuracies or typo's – in such instances we can't be held liable and can't be forced to comply with offers that are genuinely (and/or negligently) erroneous;
    6. we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Platform or Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
    7. finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
  2. Where any matter results in a valid claim against EquityMaven, EquityMaven's liability will be limited to the sum of all amounts paid by the Subscriber in respect of the Subscription Services supplied under these Terms in the preceding year.

 

22. INDEMNITY

You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.


23. FORCE MAJEURE

Except for the obligation to pay monies due and owing, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).

 

24. ARBITRATION

  1. Any dispute which arises out of or pursuant to these Terms (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.
  2. That arbitration shall be held:
    1. with only the parties and their representatives present;
    2. at Cape Town.
  3. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
  4. The provisions of this clause are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.

 

25. LEGAL DISCLOSURE

  1. Legal status: This Website is run by EquityMaven Proprietary Limited, a private company, duly incorporated in terms of the applicable laws of South Africa
  2. Directors: S Rule; C Stone and G Mountain.
  3. Description of main business of EquityMaven: EquityMaven provides a platform that enables subscribers to have their business valued using the platform's algorithm and creating a valuation presentation on the business.
  4. Email address: info@equitymaven.com.
  5. Physical address: 104b Waterfall Avenue, Craighall, Johannesburg, South Africa, 2196.

 

26. GENERAL

  1. Entire agreement: these Terms constitute the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this agreement.
  2. Confidentiality: neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.
  3. Law and jurisdiction: these Terms and all obligations connected to it or arising from it shall be governed and interpreted in terms of the laws of South Africa. Each party submits to the jurisdiction of the South African courts.
  4. Good faith: the parties shall in their dealings with each other display good faith.
  5. Breach: if any party to this agreement breaches any material provision or term of these Terms and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms (including obtaining an interdict), to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
  6. No waiver: the failure of EquityMaven to insist upon or enforce strict performance by the Subscriber or Visitor of any provision of these Terms, or to exercise any right under these Terms, shall not be construed as a waiver or relinquishment of EquityMaven's right to enforce any such provision or right in any other instance.
  7. No assignment: the Subscriber or Visitor will not be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of EquityMaven.
  8. Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
  9. No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
  10. Severability: any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
  11. No stipulation: no part of these Terms shall constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.
  12. Notices:
    1. EquityMaven selects 104b Waterfall Avenue, Craighall, Johannesburg, South Africa, 2196 as its physical address and info@equitymaven.com as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms.
    2. You hereby select the email address provided in your Account as your email address for service of all formal notices and legal processes in connection with these Terms, which may be changed by providing EquityMaven with 7 (seven) days' notice in writing and updating your Account.
    3. Service via email shall be accepted in all cases where notice is required. Service via email is deemed to be received at the time and day of sending.

 

COPYRIGHT NOTICE

 

All information, services and software or other content included on this website (https://www.equitymaven.com/) and all sub-domains of this website are the exclusive property of EquityMaven Proprietary Limited, unless otherwise stated, and is protected by local and international copyright laws.

Without detracting from the above, by making our website available, we authorise you to use the content of our website for your own personal information and non-commercial purposes only. You are prohibited from incorporating any of the content from our website into any other work, regardless of the form of the work and the owner thereof, without the written consent of EquityMaven Proprietary Limited.

© 2020 EquityMaven Limited

 

BROWSING TERMS

 

1. INTRODUCTION

These are the "Terms" that regulate your general use of https://www.equitymaven.com/ (the "Website"), and our relationship with you. These Terms create a legally binding contract between us, EquityMaven Proprietary Limited ("EquityMaven"), and you, as soon as they apply. These Terms will apply if you access or use our Website as a browser of the Website. If you become a customer of EquityMaven, our relationship with you as a customer will be governed by the "Commercial Terms" on our website.
Don't use our Website if you don't absolutely agree to these Terms, as you can only use our Website on these Terms.

 

2. THE ESSENTIAL POINT OF THESE TERMS

Your use of the Website is at your sole discretion and we have no obligations arising from your general use of the Website and we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our Website. You should not act in a way that relies on any information found on our Website as all information is provided for general information purposes only and does not amount to legal or other professional advice.

 

3. OTHER APPLICABLE TERMS

Your general use of the Website is also subject to our "Privacy Policy". Additional terms may also apply for specific products or services available through our Website ("the Additional Terms"), including the Commercial Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply in so far as the Additional Terms are applicable to you.

 

4. CHANGES TO OUR WEBSITE AND/OR THESE TERMS

We have the unfettered right (as far as the law allows) to suspend, change or add to our Website, and to change or add to these Terms, at our discretion, and such changes will apply as soon as they are made. We may notify you about any changes to these Terms, but it is your responsibility to review these Terms each time you use the Website to ensure that you are aware of any changes.

 

5. USE OF OUR WEBSITE

You may not:

  • distribute any content from our Website without our prior consent;
  • use any technology, including but not limited to crawlers and spiders, to search our Website or obtain information from our Website;
  • frame our Website or any pages of our Website;
  • link to our Website in a manner other than through the homepage; or
  • deep-link to any other pages on our Website in a way that would suggest that you own the intellectual property that belongs to us.

 

6. INTELLECTUAL PROPERTY

All content and material on the Website is owned by EquityMaven ("Intellectual Property"), and all right, title and interest to and in any such Intellectual Property is proprietary to EquityMaven, unless otherwise noted. You are not authorised to copy, reproduce, or use any content without our prior written consent.
You will not acquire any rights of any nature in respect of that Intellectual Property by using our Website or services.

 

7. COOKIES

When you use our Website, we may collect and process cookies. EquityMaven will only collect and process cookies in terms of the Privacy Policy.

 

8. LIMITED LIABILITY

EquityMaven is not responsible or liable for any harm, loss or damage suffered as a result of or relating to the Website, any personal information of any browser, or any information that is transmitted through the Website. EquityMaven accepts no responsibility or liability for any harm, loss or damage that you may suffer due to any reliance on the content of the Website. We have taken reasonable measures to ensure the integrity of the Website and its contents. However, we do not warrant that any files, software, downloads or other material available from the Website are free of viruses or other similar software.

 

9. LAW AND DISPUTES

These Terms will be governed by and interpreted in terms of South African laws. You consent that the Magistrates' Court will have jurisdiction even if the proceedings are otherwise beyond its jurisdiction.

 

10. WAIVER

Any failure by EquityMaven to enforce or require strict performance of these Terms does not amount to a waiver of or affect the validity of these Terms.

 

11. GETTING IN TOUCH

Please email us at info@equitymaven.com for any enquiries about our Website.

 

12. LEGAL DISCLOSURE

  1. Legal status: This Website is run by EquityMaven Proprietary Limited, a private company, duly incorporated in terms of the applicable laws of South Africa
  2. Directors: S Rule; C Stone and G Mountain.
  3. Description of main business of EquityMaven: EquityMaven provides a platform that enables subscribers to have their business valued using the platform's algorithm and creating a valuation presentation on the business.
  4. Email address: info@equitymaven.com.
  5. Website address: https://www.equitymaven.com/.
  6. Physical address: 104b Waterfall Avenue, Craighall, Johannesburg, South Africa, 2196.