INTRODUCTION

These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full, so please read the following carefully.

Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you should not view this website.

If you submit any information or material through our website (through our website contact forms) or use any of our website services, we will ask you to expressly agree to these Terms and Conditions.

Our website uses cookies. By using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Cookie Policy.

Our website collects personal data and non-personal information. By using our website or agreeing to these terms and conditions, you consent to our collection, storage and use of your personal data and non-personal information in accordance with the terms of our Privacy Policy. 

WEBSITE INFORMATION PURPOSE

The purpose and content of this website is intended for general information purposes and finding out about our services only.

Nothing contained in this website shall constitute as an offer for our services. All contracts for our services should be agreed to in writing.

Nothing contained in this website shall constitute an investment advertisement or an offer of or an invitation to make an offer for shares or other securities in The Qual Agency.

USE OF OUR WEBSITE

> You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

> Unless you own or control the relevant rights in the material, you must not: edit or otherwise modify any material; sell, rent or sub-license material from our website; exploit material from our website for a commercial purpose; or redistribute material from our website.

> You may not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.

> You may not use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

> You may not incorporate any content from this website in any commercial document or website, or in any material sold or otherwise made available for profit without our prior written consent.

> You may not frame or deep link this website without our written consent.

> You may not reproduce or store any part of this website on any other website without our prior written consent.

> You agree not to use any information or data collected (directly or indirectly) from our website to contact individuals, companies or other persons or entities.

> You agree not to use any information or data collected (directly or indirectly) from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing]; nor send any unsolicited communication of a research, commercial, sales, promotional or advertising nature, spam or similar materials or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by visitors.

> You may not use our website for illegal purposes and in particular agree that you shall not send, use, copy, paste or allow any posting which is defamatory or obscene or which is abusive, indecent, or in breach of the privacy of any person.

> You may not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

> You may not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent.

> You may not access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.

> You may not violate the directives set out in the robots.text file for our website.

> We reserve the right to restrict access to areas of our website, or indeed our whole website at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

USE OF ANY THIRD-PARTY LINKS + WIDGETS

Our website also supports third-party links or widgets such as Facebook and Instagram buttons on the website which allow users to share articles and other information on different platforms. These widgets may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the widgets to function properly. These widgets do not collect or store any personal information from users on the website and simply act as a bridge for your convenience in sharing information. Your interactions with these widgets are at your discretion, and are governed by the privacy policy of the company providing it.

We do not endorse or approve the content of any third-party websites (e.g. social media platforms) referred to or accessed by hypertext link through our website nor will we have any liability in connection with any of them.

USE OF OUR PROPERTY

The names, logos, icons and graphics used on this website in connection with or identifying our products and/or services are proprietary marks of The Qual Agency unless otherwise indicated.

Your access to our website does not imply a licence to reproduce, transmit and/or distribute this information or these names, logos, icons and graphics in any form or by any means.

If you wish to use our property as stipulated above, you must first obtain prior written consent from us.

YOUR CONTENT

In these terms and conditions, “your content” means all information, personal data, works and materials (including without limitation personal information, text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage, publication, processing or transmission via or on our website. For example, including without limitation, your content submitted through any of our website contact forms; consumer panel applications or surveys (The Thrive Crew, see The Thrive Crew Terms & Conditions)); or your content that you create through commenting on our blog posts/content or sharing our post/ content via or on social media platforms. [For more information about the privacy of your personal information (i.e. ‘personal data’) submitted via our website contact forms, please refer to our Privacy Policy above.]

You warrant and represent that your content will comply with these terms and conditions, and agree that The Qual Agency is not held responsible in any manner for your content:

> Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

> Your content, and the use of your content by us in accordance with these terms and conditions must not:

>> Be libellous or maliciously false; obscene or indecent; blasphemous; depict violence in any explicit, graphic or gratuitous manner; be pornographic, led, suggestive or sexually explicit; be untrue, false, inaccurate or misleading; be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; cause annoyance, inconvenience or needless anxiety to any person.

>> Infringe any copyright, moral right, database right, trade mark right, design right, right of passing off, or other intellectual property right.

>> Infringe any right of confidence, right of privacy or right under data protection legislation.

>> Constitute negligent advice or contain any negligent statement.

>> Constitute an incitement to commit a crime or the promotion of criminal activity.

>> Constitute as spam.

>> Be in contempt of any court, or in breach of any court order.

>> Be in breach of racial or religious hatred or discrimination legislation.

>> Be in breach of any contractual obligation owed to any person.

>> Consist of or contain any instructions, advice or other information which may be acted upon or could, if acted upon, cause illness, injury or death, or any other loss or damage.

Our website may allow you to comment on content in a public space on the website. Comments are not anonymous, and may be viewed by other users. We do not monitor or control what others do with your content, thus you are responsible for your content and comments shared that is publicly available to all users and visitors of this website. We encourage users to be cautious in the disclosure of personal information in online public spaces as The Qual Agency is not responsible for the personal information users elect to disclose.

Without prejudice to our other rights under these terms and conditions, if you breach any provisions of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

INFORMATION ACCURACY + WARRANTIES + LIABILITY

The Qual Agency has made all reasonable efforts to ensure that information is accurate at time of inclusion on this website.

We make no representations nor give any warranties (expressed or implied): 1) that the completeness, accuracy or fitness of the information published on our website; 2) that the website or any service on the website will remain available; or 3) that the material on the website is up to date; for any particular purpose used directly/ indirectly from this website.

We reserve the right to enhance, modify, alter, suspend or permanently discontinue; and to restrict, block, suspend or prohibit access to, all or any part of this website at any time in our sole discretion without notice or explanation. Furthermore, you will not be entitled to any compensation or other payment upon the discontinuance, alteration of, or restriction to of any website services or if we stop publishing the whole website.

Nothing in these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liability in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.

Accordingly, this website is provided to you free of charge, and neither The Qual Agency nor any of its subsidiary or affiliated companies [including contributors] accept any liability for any direct, special, indirect or consequential loss and/or damage whatsoever you may suffer arising in contract, tort or otherwise from the use of, or inability to use this website or any information or data contained in it, or accessed through this website, or from any action or decision taken as a result of using this website or the information or data contained in it. Any decisions based on information contained in our website are the sole responsibility of the visitor. Your sole remedy is to discontinue using this website.

We will not be liable in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, reputation, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill; and/or consequential loss arising out of or in connection with this website or the information or data contained in it

We will not be liable in respect of any damage, loss or corruption of any data, databases, hardware or software.

You hereby agree to indemnify The Qual Agency against any cost, claims, losses or damages (including legal fees) incurred by or awarded against The Qual Agency as a result of your misuse of this website or your breach of these terms.

You accept that we have an interest in limiting the personal liability of our service providers, contractors, consultants and employees and, having regard to the interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our service providers, contractors, consultants and employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not limit or exclude the liability of the limited liability entity itself of the acts and omissions of our officers and employees).

COPYRIGHT NOTICE

Copyright © 2023, The Qual Agency (Pty) Ltd. All Rights Reserved.

We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website.

All the copyright and other intellectual property rights in our website and the material on our website are reserved.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: send you one or more formal warnings, or temporarily suspend your access to our website, or permanently prohibit you from accessing our website, or block computers using your IP address from accessing our website, contact any or all of your ISPs and request that they block your access to our website, or commence legal action against you.

If we suspend or block your access to our website or part of our website, you must not take any action to circumvent such suspensions or prohibition or blocking.

AMENDMENTS + VARIATIONS

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website and anywhere else you provide express agreement to additional terms and conditions (e.g. our website contact forms); and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

If you do not agree to our revised terms and conditions, you must stop using our website.

NON-ASSIGNMENT

You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void.

We may transfer our rights under these terms to a third-party.

LEGAL EFFECT + SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be invalid, unlawful or unenforceable for any reason, such terms shall be deemed severable to the extent that it is deemed unlawful and/or unenforceable, but the other provisions will continue in effect.

Our failure to enforce or exercise any of these terms and conditions is not a waiver of that section.

THIRD-PARTY RIGHTS

These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by or subject to the consent of any third-party