Gwirio Terms of Service

By accessing and using any of these websites – https://www.Gwirio.com or https://ds.Gwirio.co.za or https://do.Gwirio.co.za – and all other Gwirio domains (the “Website”), using the Services, downloading or purchasing the Products, you agree to be bound by and accept these Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the Website.

1.   Description of the Services; Acceptance of these Terms of Service.

1.1     These Terms of Service (hereinafter referred to as the “Agreement” or “Terms of Service”) is a legal agreement between you, an individual (hereinafter referred to as “you”, “your”, or “user”), and Gwirio (hereinafter referred to as “Gwirio”, “we”, “our”, or “us”), as specified in the “Contracting Party” section below, regarding your access to and use of the Website, the Services, and the Products offered by Gwirio.

1.2     This service created by Gwirio (the “Services”) and that may be offered via application download or using our Website products (the “Products”) include:

1.2.1     A Data Subject portal to view your private information used by registered Responsible parties, allowing you to communicate with these Responsible Parties, and manage access to your information via our cloud-based software environment.

1.2.2     A Responsible Party portal to register and manage a Responsible Party, their compliance reviews, certificate and communication related to Data Subjects.

1.3     The Terms of Service may be amended by Gwirio at any time, and a notice of any changes shall be given by posting on the Website and by email communication or by news notification on our platforms.

1.4     If you do not agree to any changes to the Terms of Service, you must discontinue using any Gwirio Services and Products and no longer access the Website. Your continued use of the Website, the Services, and the Products indicates your agreement to the changes.

1.5     Failure to provide or maintain accurate or current contact information by you will not obviate your responsibility to comply with these Terms of Service, as amended from time to time.

1.6     Gwirio reserves the right to terminate or restrict access to the Website, the Services, and the Products at any time without notice at its sole discretion.

2.   Users’ Obligations.

2.1     You agree to use the Website, the Services, and the Products only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

2.2     Gwirio is not responsible for any violation of applicable laws, rules, or regulations committed by you or a third party at your behest. It is your responsibility to ensure that your use of the website, the services, and the products do not contravene applicable laws, rules, or regulations.

2.3     Specifically, you agree and warrant that in using the Website, the Services, and the Products, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Gwirio is located or operates. This includes complying with applicable privacy legislation as well as other restrictions.

3.   Use of the Services by you.

3.1     You agree not to access (or attempt to access) the Website, the Services, and the Products by any means other than through the means provided by Gwirio or its authorized partners.

3.2     Further, you agree:

3.2.1     not to disrupt or interfere or otherwise cause harm to the Website, the Services, and the Products, or affiliated or linked sites;

3.2.2     not to use or attempt to use another user’s User Account (as defined below), password, or system; and

3.2.3     not to access or attempt to access the User Information (as defined below), which you are not authorized to access under these Terms of Service.

3.3     If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account, and accept or revoke information certificates related to you. All such activities will be deemed to have occurred on your behalf and in your name and Gwirio will not assume responsibility for any loss.

4.   User Account.

4.1     Gwirio requires you to create your own user account (the “User Account”) in order to use the Website, the Services, and the Products. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep such information updated.

4.2     Gwirio reserves the right to suspend or terminate any User Account which is reasonably suspected to contain untrue, inaccurate, not current or incomplete information.

4.3     After you accept these Terms of Service and your User Account registration has been accepted by Gwirio, your User Account will be established.

4.4     You shall choose a personal, non-transferable password. Gwirio may, from time to time, provide you with additional codes or passwords necessary to access and use certain other features or functions of the Website, the Services, and the Products.

4.5     User Accounts may not be “shared” or used by more than one individual. You are solely responsible for any and all activities that occur under your User Account.

4.6     You agree and understand that you are responsible for maintaining the confidentiality of your User Account.

4.7     You may not use anyone else’s User Account at any time.

4.8     Gwirio is not liable for any harm caused or related to the theft or misappropriation of your User Account and your User Information. However, you could be held liable for losses incurred by Gwirio or any third party due to misappropriation and use of your User Account.

4.9     If you become aware of any unauthorized use of your User Account, please notify Gwirio immediately at the address provided in “Contracting Party” section below.

4.10   Gwirio reserves the right to suspend your user account and will communicate such suspension to you via email. Gwirio will engage with you regarding such suspension to resolve the problem as soon as possible.

5.   Customer Сare

5.1     Gwirio provides support to the users in accordance with the procedures set forth in https://www.Gwirio.com/help or through the help functions on our website portals.

6.   Fees and Payment.

6.1     All rights and privileges provided herein to you under these Terms of Service are subject to your payment of an applicable fee, if any, to Gwirio. Gwirio expressly reserves the right to provide access to the Website, the Services, and the Products free of charge, provided that Gwirio solely at its own discretion may elect to provide the same or similar access for a fee.

6.2     You agree that if you purchase any subscription or other services for your User Account, or Responsible Party account, Gwirio may enrol you in automatic renewal of your subscription by withdrawing funds from your payment method that you used to complete the purchase or enrolment order.

6.3     In case of non-payment for any reason, Gwirio will downgrade any subscription from an active service plan to a limited services plan until you pay the undisputed fees due plus any late fees.

6.4     Downgrading of your User Account due to non-payment could result in a loss of access to some functions on the platform. Your personal information will not be compromised and will still be subject to our Privacy Policy.

7.   Term and Termination.

7.1     The term of these Terms of Service shall begin when you accept the terms and conditions and shall continue in perpetuity so long as you continue to use the Website, the Services, or the Products, unless otherwise terminated by Gwirio or you by written notice or via our website cancellation service.

7.2     Gwirio reserves the right to change, suspend or discontinue the Website, the Services, or the Products, or any portion thereof, or terminate these Terms of Service with you at any time, upon notice, and without any liability to Gwirio whatsoever.

7.3     If you want to terminate these Terms of Service, you may do so by notifying Gwirio at any time in writing at the address provided in “Contracting Party” section below or via our provided platforms. You are solely responsible for terminating your User Account.

7.4     Upon termination of your User Account, Gwirio has a right, but not an obligation, to delete your User Information from the Website, the Services, and the Products. Related information certificates are the property of the Responsible Party and will not be removed until requested by the respective Responsible Party.

7.5     Without prejudice to any other rights, these Terms of Service will terminate automatically (except for those provisions that shall survive) if you fail to comply with any of the limitations or other requirements described herein.

7.6     Upon termination, you must immediately cease using the Website, the Services, and the Products of Gwirio.

8.   Links to Other Sites and Third-Party Materials.

8.1     The Website may provide links to other websites and/or third-party products and services that are not under the control of Gwirio. Gwirio is not responsible in any way for the Third-Party Materials. Gwirio provides such links only for the convenience of the users of the Website, the Services, or the Products.

8.2     Inclusion of any link to Third-Party Materials does not imply endorsement by Gwirio of the content, products and/ or services of such Third-Party.

8.3     Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third-Party Materials or to entitle you to use such Third-Party Materials.

9.   Intellectual Property.

9.1     Unless otherwise specifically provided herein or authorized by Gwirio in writing, all rights in the Website, the Services, and the Products not expressly granted herein are reserved.

9.2     You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse the Gwirio’s Intellectual Property or create derivative works based on the Gwirio’s Intellectual Property.

10.   Personal Information.

10.1     Private information includes all information pertaining to an individual and includes personal information, special personal information or any information that can be used to identify the person or entity or as defined by privacy legislation.

10.2    Gwirio collects and process minimal information to identify you as a Data Subject and as a user on the platform. All information is treated as confidential and subject to your Privacy Policy.

10.3    It must be noted that Gwirio processes information on behalf of other Responsible Parties to protect their companies and customers, which may include you. Basic identifying information is processed and encrypted into an information certificate. These certificates are utilised to manage and monitor access to personal information and protect all the parties involved.

11.   Warranties and Disclaimers.

11.1     The website, the services, and the products are provided “as is” and “as available.”

11.2    Gwirio hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of fitness for any particular purpose, and non-infringement as to the operation of the website, the services, and the products, except as agreed by Gwirio in writing.

11.3    Contractors, agents, dealers or distributors of Gwirio or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

11.4    Gwirio does not warrant or make any representations as to the security of the website, the services, and the products. You acknowledge that any information sent may be intercepted in transmission or otherwise.

11.5    The use of the website, the services, and the products is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities.

11.6    Gwirio does not warrant that the website, the services, and the products or electronic communications sent by Gwirio are free from viruses or any other harmful elements. Gwirio assumes no liability for any computer virus or other similar software code that is downloaded to your computer in connection with the website, the services, and the products.

11.7     No advice or information whether oral or written, obtained by you from Gwirio or from the website, the services, and the products shall create any warranty not expressly stated in these terms of service.

11.8    Gwirio will use all commercially reasonable efforts to restrict access to your User Information to unauthorized persons. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. You hereby acknowledge and accept that it is your responsibility to protect your password confidentiality and protect your User Information from unauthorized access, view, copy, and modification.

11.9    You understand and agree that the Website may contain references to the Services and the Products that may not be available in a particular country. Any such reference does not imply or warrant that any such Website, the Services, and the Products shall be available at any time in any particular country.

11.10    Notwithstanding anything herein to the contrary, the aggregate liability of Gwirio for damages in connection with this agreement, whether for breach of contract or in tort, and regardless of whether Gwirio has been informed of the possibility or likelihood of such damages or the type of claim, contract, or tort, will not exceed the amount paid by you to Gwirio in the two-month period preceding the date the claim arose and will be limited to a sum equal to 10 US dollars (Ten Unites States dollars)

11.11     Any action brought against Gwirio pertaining to or in connection with the Website, the Services, and the Products must be commenced and notified to Gwirio in writing within one (1) year after the date the cause for action arose.

12.   Your Warranties.

12.1     You hereby warrant that:

12.1.1     All information provided by you to Gwirio in connection with the Website, the Services, and the Products is true, accurate, correct, and up to date;

12.1.2    You have full power and authority to enter into these Terms of Service;

12.1.3    You are of legal age to form a binding contract with Gwirio;

12.1.4    You will seek all necessary governmental approvals required to effectuate these Terms of Service;

12.1.5    You shall perform all your obligations under these Terms of Service in accordance with applicable laws.

13.   Feedback.

13.1     You may from time-to-time provide suggestions, comments or other feedback to Gwirio with respect to the Website, the Products, or the Services (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Gwirio. Gwirio shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you.

13.2     The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to the Privacy Policy.

14.   Updates of the Website, the Services, and the Products.

14.1     You recognize and agree to the condition that the Website, the Services, and the Products will be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice.

14.2     If you download the Products, it may automatically download and install subsequent updates for such Products. These updates are designed to improve, enhance and further develop the Products and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Gwirio to deliver these to you) as part of your use of the Website, the Services, and the Products.

15.   Unlawful or Prohibited Use.

15.1     You may not use the Website, the Services, and the Products for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website, the Services, and the Products.

15.2    You may not use the Website, the Services, and the Products in any manner that could damage, disable, overburden, or impair the Website, the Services, and the Products, or that interferes with any third party’s use of the Website, the Services, and the Products.

15.3    You agree that you:

15.3.1     will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website, the Services, and the Products;

15.3.2     will not institute, assist, or become involved in an attack upon any Gwirio server or otherwise attempt to disrupt the Gwirio servers, which would be a violation of criminal and civil laws; and should such an attempt be made or assistance for such an attack be provided, Gwirio reserves the right to seek damages from any such user to the fullest extent permitted by law;

15.3.3     will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Gwirio Services or Gwirio’s systems or networks connected to the Gwirio Services, or otherwise interfere with or disrupt the operation of any of the Gwirio Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

15.4     If you violate any provision of these Terms of, Gwirio may take action against your User Account. Gwirio reserves the right to remove any User Information and suspend your User Account without any refund of any amounts paid for the Website, the Services, and the Products, without notice, at any time and for any reason. Gwirio reserves the right to enforce, or not enforce, these Terms of Service in its sole discretion.

16   Indemnification.

16.1     You hereby agree to indemnify and hold harmless Gwirio, its affiliates, licensors and licensees, its officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.

17.   Assignment.

17.1     Gwirio may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time subject to prior notification. You, however, may not assign or delegate any rights or obligations under these Terms of Service without Gwirio’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

18.   Agreement to Deal Electronically.

18.1     All transactions pertaining to the Website, the Services, and the Products can be conducted and executed electronically. We may keep records of any type of communication conducted via the Website.

18.2    All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control.

18.3    All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

19.   Injunctive Relief.

19.1     You acknowledge and agree that any violation or breach of these Terms of Service may cause Gwirio immediate and irreparable harm and damages. As a result, Gwirio has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Gwirio in law or in equity, Gwirio may seek specific performance of any term in these Terms of Service.

20.   Severability.

20.1     These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then:

20.1.1     such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and

20.1.2    such invalidity or unenforceability will not affect any other provision of these Terms of Service.

21.   Data Protection

21.1     Any and all Personal information that Gwirio may use will be collected, processed, and held in accordance with the provisions of the local Data Protection of the region in operation.

21.2    Please read the Gwirio Privacy Policy (the “Privacy Policy”), which describes how Gwirio collects, uses, discloses, manages and stores users’ personally identifiable information (“Personal Information”).

22.   Applicable Law.

22.1     These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to its conflict of laws and rules. You agree to the exclusive jurisdiction of the courts of the Republic of South Africa for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or the Website, the Services, and the Products.

23.   Contracting Party

23.1     Gwirio is the entity entering into this Agreement and address for user notifications depend on your country and, unless otherwise specified in the user’s invoice, should be defined in accordance with the following: