Terms & Conditions

ART OF SCALE

MASTER TERMS AND CONDITIONS OF USE

ART OF SCALE is a powerful platform with reputable partners, providing cloud-based business and entrepreneurial mentoring, strategising and risk management programs and systems to businesses in various sectors, with the purpose of accelerating business growth and increasing the financial health and performance of those businesses.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY

Introduction

In conjunction with the Additional Agreements, these Master Terms of Use authorise you to make use of the ART OF SCALE Platform. Read these Terms of Use and the Additional Agreements carefully before accessing, subscribing, installing, downloading, or using the ART OF SCALE Platform. By clicking on the confirm button Platform you agree to all the terms and conditions of these Master Terms of Use and applicable Additional Agreement. If you do not agree to all the terms and conditions of these Master Terms of Use, promptly click the “Do Not accept” button. You agree that your use of the ART OF SCALE Platform acknowledges that you have read these Master Terms of Use and Additional Agreement, understand it and agree to be bound by the aforementioned. If you do not agree to all of these terms, do not use the ART OF SCALE Platform.

Important Notice

These Master Terms of Use contain provisions which: may limit the risk or liability of ART OF SCALE or a third party; and/or may create risk or liability for the User; and/or may compel the User to indemnify ART OF SCALE or a third party; and/or serves as an acknowledgement, by the User, of a fact.
Your attention is drawn to these Master Terms of Use because they are important and should be carefully noted.
If there is any provision in these Terms that you do not understand, it is your responsibility to ask ART OF SCALE to explain it to you before you accept the Master Terms of Use or continue using the ART OF SCALE Platform.
ART OF SCALE permits the use of this ART OF SCALE Platform subject to the Master Terms of Use and Additional Agreement. By using this ART OF SCALE Platform in any way, you shall be deemed to have accepted all the Master Terms of Use and Additional Agreement, unconditionally.

Definitions

The words and/or phrases used in these Terms of Use and Additional Agreements will have the following definitions:

“Additional Agreement” means the Services offered by ART OF SCALE which contain further terms and conditions before the provision of these services can be requested from ART OF SCALE and includes the Channel Partner Terms and Conditions and the Advertiser Terms and Conditions;
“Additional Services” mean the additional pay-as-you-go services available on the ART OF SCALE Platform from time to time and paid by the User at the fixed prevailing pricing schedule of ART OF SCALE at the time, before the User can access the additional services;
“Advertiser Terms and Conditions” means the completed and accepted contract between the Advertiser and ART OF SCALE, together with its standard terms and conditions, for the specified advertising;
“Advertisers” means a person or company that advertises a product, or service on the ART OF SCALE Platform or other ART OF SCALE Platform, ART OF SCALE Website or other media;
“Channel Partner Terms and Conditions” means the accepted contract between ART OF SCALE and the Channel Partner;
“Channel Partner” means the User who delivers professional business and executive coaching and/or professional business advice, consultancy and support to businesses, who met the minimum qualifying criteria of ART OF SCALE and were approved as a Chanel Partner of the ART OF SCALE Platform;
“Confidential Information” means any non-public information, technical data, or know-how, including, without limitation, that which relates to (i) data, research, business and product plans, products, pricing, services, customers, personnel, markets, software, software code, software documentation, developments, inventions, lists, trade secrets, data compilations, processes, designs, drawings, engineering, hardware configuration information, marketing or finances, which is designated in writing to be confidential or proprietary at the time of disclosure if provided in tangible form, or if provided in non-tangible form, shall be identified by the disclosing party at the time of disclosure as confidential or proprietary, (ii) with respect to ART OF SCALE, information concerning any products and services provided hereunder and/or materials resulting from services, and any derivatives thereto.
“Databases” means ART OF SCALE’s directory comprising of User’s Confidential Information and Personal Data as provided by User which is automatically collected by the ART OF SCALE Platform and social media Platform for purposes of delivering the Service, marketing and statistical purposes;
“End User” means the client sourced by the Channel Partner and who subscribes to the Services on the ART OF SCALE Platform via the Channel Partner Portal or link and who is bound by these Master Terms of Use;
“Intellectual Property” will mean all rights pertaining to the ART OF SCALE Platform, websites or Services, including any patent, design, copyright, trademarks, trade names, domain names, related Confidential Information and trade secrets, subject to the applicable legislation or common law governing each of the aforesaid;
“ART OF SCALE” or “we” means Edge Growth Technology Services Proprietary Limited t/a ART OF SCALE, a private company registered as such under the laws of the Republic of South Africa, with company registration number 2018/315303/07 and having its principal place of business at 10th Road, Investment Place Office Park, 2196, South Africa;
“ART OF SCALE Agreements” collectively refer to these Master Terms of Use, Additional Agreements and such other rules and policies of the ART OF SCALE Platform and social media pages or groups;
“ART OF SCALE Platform” means the automated, online, software application or Platform developed by ART OF SCALE to which Users subscribe and allow Users to access the ART OF SCALE Platform and use the Services. The ART OF SCALE Platform includes Services, all content of the ART OF SCALE Platform, the source code of the ART OF SCALE Platform, upgrades, modified versions, updates, additions, and copies of the ART OF SCALE Platform in respect to which the rights are granted to you under these Master Terms of Use;
“Payment Date” refers to the date the Subscription Fee, or the Additional Services fee payment reflects in the designated bank account of ART OF SCALE as paid by the User;
“Personal Data” any information that relates to an identified or identifiable living individual or a company;
“Services” means accessing and using the ART OF SCALE Platform, questionnaires, evaluations, assessments, training, mentoring, coaching, Additional Services, reporting pages or group services and the services agreed between the User and ART OF SCALE from time to time;
“Subscriber” means businesses sourced directly by ART OF SCALE, approved by ART OF SCALE and obtain access to the ART OF SCALE Platform to receive the Services;
“Subscription Fee” shall mean any amount charged by ART OF SCALE at the prevailing pricing schedule of ART OF SCALE at the time and paid by a User;
“Subscription Term” means the term which the Services is available for a User on the ART OF SCALE Platform and being from the Payment Date for a period of 1 (one) month;
“Terms of Use” or “Terms” mean this Master Terms of Use for the use of the ART OF SCALE Website and ART OF SCALE Platform which govern your access to and use of the ART OF SCALE Platform and Services;
“User” or “you” means, respectively, the Subscriber, Channel Partner or End-User and its duly authorised representatives and employees who use the ART OF SCALE Platform and Services.

Interpretations

2.1 Any reference to a South African statutory provision or enactment shall include references to any amendment, modification or re-enactment of a such statutory provision or such enactment and any regulation or order made under such statutory provision or enactment.

2.2 Words imparting a gender shall be treated as importing any gender.

2.3 Words importing the singular shall be treated as importing the plural and vice versa.

2.4 Expressions denoting a natural person shall be treated as including a juristic person and vice versa.

2.5 Clause headings and numbering are inserted for ease of reference only and shall not affect the construction of these Master Terms of Use.

2.6 Where any term is defined within the context of any particular clause in these Master Terms of Use, the term so defined shall, unless it appears clearly from the clause in question that such term has limited to the relevant clause, bear the meaning ascribed for all purposes in terms of these Master Terms of Use, notwithstanding that such term has not been defined in clause 1.

2.7 The rule of construction that provisions are to be construed against the party responsible for drafting an agreement or part of an agreement or on whose behalf an agreement or part of an agreement was drafted shall not apply to these Master Terms of use and Additional Agreements.

ART OF SCALE Platform and Changes of the Terms
- The contract between the parties in these Master Terms of Use will commence on the date the User accepts these Master Terms of Use, Payment Date and, subject to the terms of this contract and the Additional Agreement that may be applicable, will continue for an indefinite period unless otherwise stated, or until terminated by either party in which event the Subscriber’s access to the Platform will continue until the end of the fully paid subscription period.
- Documentation, data, information, ideas, and opinions expressed on the ART OF SCALE Platform should not be regarded as business or professional advice or the official opinion of ART OF SCALE and you are encouraged to consult professional advice before taking any course of action.
- You may not use the Services and may not accept these Master Terms of Use if (a) you are not of legal age to form a binding contract with ART OF SCALE, or (b) you are not permitted to receive any Services under the laws of South Africa or other countries/regions including the country/region in which you are resident or from which you use the Services.
- The User represents, warrants, and agrees that:
  - you will conduct your business transactions with ART OF SCALE in good faith;
  - you are solely responsible for complying with applicable laws and regulations in your respective jurisdictions;
  - you agree to adhere to professional standards and professional conduct. The User will conduct him or herself professionally and with the highest standard at all times;
  - you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder;
  - you use the ART OF SCALE Platform and Services for business purposes only; and
  - the address you provide when registering is the principal place of business of your business entity.
- You acknowledge and agree that ART OF SCALE may amend any terms at any time by posting the relevant amended and restated Master Terms of Use on the ART OF SCALE Platform. By continuing to use the Services or the ART OF SCALE Platform, you agree that the amended Master Terms of Use of the ART OF SCALE Platform will apply to you.
- You will be required to enter into an Additional Agreement, whether online or offline, with ART OF SCALE. If there is any conflict or inconsistency between these Master Terms of Use and any online or offline Additional Agreement concluded, the Additional Agreement will take precedence over these Master Terms of Use only concerning that Service or clause concerned.
- The Terms may not otherwise be modified except in writing by an authorised director of ART OF SCALE.
- Upon registering an account, the User will be requested to accept these Master Terms of Use and Additional Agreement to access and use the Services. Further, without prior notice, ART OF SCALE reserves the right to restrict access to or use and enjoy the benefits of certain Services (or any features within the Services).
- ART OF SCALE gives the Users a non-exclusive, non-transferable right to use the ART OF SCALE Platform. You accept the right given to you in terms of this clause and you are only authorised to use the ART OF SCALE Platform for the purpose it was developed and shall not abuse it in any circumstances whatsoever.
- ART OF SCALE may in its sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) concerning different User levels.
- ART OF SCALE may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) with written notice for a paid Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
- Users must keep details on their business profiles up to date.

Terms and Conditions of Payment
- All Services and combinations thereof are subject to increases from time to time.
- In consideration of the Services obtained through the ART OF SCALE Platform, the User shall pay the agreed Subscription Fee.
- If ART OF SCALE agrees to provide the User with agreed Additional Services, the User shall be liable for the fees stipulated in respect of such Additional Services.
- All fees payable by the User under these Master Terms of Use shall be paid by the payment method prescribed by ART OF SCALE which could include debit order, electronic funds transfer, debit card payment or credit card payment (payment methods).
- The User understands that ART OF SCALE will collect all amounts due and payable by the User in terms of these Master Terms of Use. If the debit order option method of payment is used, the User hereby authorises ART OF SCALE to automatically draw against their nominated bank account. The withdrawals will be processed through a computerised system provided by the South African banks and the details of each withdrawal will be printed on your bank statement.
- You are responsible for ensuring that there are sufficient funds in your nominated credit or debit card account for processing payments as set out in these Terms. Should the payment portal not be able to debit your nominated credit card account, whether due to insufficient funds or otherwise, the payment portal will be entitled to charge an additional administration fee and to recover such fee by debiting your nominated credit card account with an equal amount.
- You warrant that all information furnished by you is complete, reliable, true and correct/accurate in every respect and not misleading in any way. You furthermore acknowledge that this information will be relied upon by us and undertake to notify us in writing, within seven (7) days of any material changes to any information which you furnished to us.
- If a debit order, debit card payment or credit card is suspended by the User, and any fees owed by the User to ART OF SCALE are outstanding, ART OF SCALE shall be entitled to levy interest on the outstanding amounts at the prime rate of interest quoted by one of the reputable banks in South Africa from time to time, in respect of unsecured lending to a client in good standing.
- If payment is not received and the account is overdue or unpaid, ART OF SCALE will attempt to collect the outstanding amounts on the 5th day following the unsuccessful payment.
- If payment is not received in any other form and the account is overdue for 10 (ten) days, the Subscription and Services will be cancelled with immediate effect.
- ART OF SCALE disclaims that payment methods are outsourced by a third party and are not under the control of ART OF SCALE, ART OF SCALE will therefore not be told liable for any actions of any third parties.

Registering a User account with ART OF SCALE
- ART OF SCALE may reject subscribing Users, for not meeting the requirements or passing the necessary checks.
- Upon subscribing and creating a profile on the ART OF SCALE Platform, ART OF SCALE will assign an account and issue a member ID (username) and password (the latter will be chosen by a registered User during subscription) to each profile so approved.
- A set of User IDs and passwords are unique to a single account. Each User will be solely responsible for maintaining the confidentiality and security of your User and password and for all activities that occur under the account. No User may share, assign, or permit the use of your User account, ID, or password by another person outside of the User or the User’s business. The User agrees to notify ART OF SCALE immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.
- The User agrees that all activities that occur under your account (including without limitation, posting any company information, clicking to accept any Additional Agreements or rules, subscribing to, or making any payment for any services, or sending emails using the email associated with the account) will be deemed to have been authorised by the User.

Prohibitions
- You agree that without written consent from ART OF SCALE (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell the exact combination of services offered by ART OF SCALE or the ART OF SCALE Platform (the “ART OF SCALE Intellectual Property”), and (b) you will not copy, reproduce, download, compile or otherwise use any concept of ART OF SCALE to operate a business that competes with ART OF SCALE, or otherwise commercially exploit the content, Confidential Information, proprietary information of ART OF SCALE or Personal Data.
- Systematic retrieval of content from the ART OF SCALE Platform to create or compile, directly or indirectly, a collection, compilation, Database, or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from ART OF SCALE, is prohibited.
- Use of any content or materials on the ART OF SCALE Platform for any purpose not expressly permitted in these Master Terms of Use is prohibited.
- Any comments made on the ART OF SCALE Platform, group discussions or social media pages that may be racist or hate speech on the ART OF SCALE pages or posts will not be construed as being those of ART OF SCALE. ART OF SCALE cannot be held liable for any harm, damages and legal actions based on such comments or posts not made by ART OF SCALE itself. ART OF SCALE has the right to monitor, censor and/or delete any comments or posts by Uses of which it may become aware.
- Each User further represents, warrants and agrees that the User content that you submit, post or display will:
  - not be false, misleading or deceptive;
  - does not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  - does not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  - does not violate the Terms or any ART OF SCALE Platform or Additional Agreements;
  - does not violate any applicable laws and regulations (including without limitation those governing labour laws, privacy laws, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any ART OF SCALE Platform applicable laws and regulations;
  - not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
  - not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
  - does not involve attempts to copy, reproduce, exploit or expropriate ART OF SCALE’s various proprietary directories, Databases and listings;
  - does not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any ART OF SCALE Platform or hardware system, data or personal information;
  - does not engage in any activities that would otherwise create any liability for ART OF SCALE.
- ART OF SCALE reserves the right, but is not obliged, in our sole discretion to remove, modify or reject any content provided to the ART OF SCALE Platform which ART OF SCALE reasonably believe is unlawful, violates the Terms, could subject ART OF SCALE to liability or is otherwise found inappropriate in ART OF SCALE’s opinion.
- You agree not to undertake any action to undermine the integrity of the computer systems, hosting or networks of ART OF SCALE and/or any other User nor to gain unauthorised access to such ART OF SCALE Platform, computer systems, hosting or networks.
- Without prior and express written approval, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our websites.
- You may not make copies of the documentation or other materials available on the ART OF SCALE Platform or websites except as may be necessary for backup and archival purposes and you will destroy all documentation or other materials available on the ART OF SCALE Platform or websites when requested by ART OF SCALE.

User Information
- Upon becoming a User or being a User, you consent to the inclusion of the contact information about you in our Database and authorise ART OF SCALE to share the contact information to deliver the Service.
- User will be required to provide information or material about your entity, business, operations, financials, or products/services. Each User represents, warrants, and agrees that (a) such information and material whether submitted is true, accurate, current, and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current, and complete.
- The User agrees to provide all necessary information, materials and ART OF SCALE Platform approval and render all reasonable assistance and cooperation necessary for ART OF SCALE’s provision of the Services, evaluating whether User has breached the Terms and/or handling any complaint against the User. If User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, ART OF SCALE will not be obliged to extend the relevant service period nor will be liable for any loss or damages arising from such delay, suspension, or termination.
- The User provides consent to ART OF SCALE to confirm, enquire and lodge its information with any third party, credit authority or bureau for authentication, credit checking, credit listings and credit scoring worldwide.

Privacy Notice and Consent in terms of Data Protection Laws
- For purposes of this clause “Data Protection Laws” means the Protection of Personal Information Act, 4 of 2013, Electronic Communication and Transaction Act, 25 of 2002 and Promotion of Access to Information Act, 2 of 2000, including any related regulations, guidance and codes of practice issued by the Information Regulator or relevant supervisory authority from time to time (and all terms used have the meaning given to them in these laws).
- By accessing, and/or uploading and submitting personal information to any one or more of our Platforms you:
  - acknowledge that you have read, fully understood and accept ART OF SCALE’s Privacy Notice which you can access here [insert hyperlink – RSA], [insert hyperlink – EU] or [insert hyperlink – UK];
  - acknowledge that any access to a Platform other than to your own personal profile requires separate, prior and written agreement between yourself and the relevant ART OF SCALE entity/ies. Without any such agreement, you commit not to attempt to access or download or further process any personal information beyond that accessed within your personal profile;
  - voluntarily, specifically and unconditionally consent to the processing of each and every item of Personal data and personal information uploaded by you to a Platform for any and all purposes related to the reason for the submission of your personal information to a Platform which may include, but is not limited to –
    - enabling ART OF SCALE to provide you with the services offered by it;
    - enabling ART OF SCALE to assess the information submitted by you for purposes of determining your eligibility for one of the programmes offered by ART OF SCALE;
    - evaluating, developing or improving ART OF SCALE’s Platform and services;
    - as far as is legally permissible, keeping you informed about services offered by ART OF SCALE; and/or
    - providing you with an efficient and smooth customer experience.
  - agree, in the absence of any written objection received from you, that this processing consent shall be indefinite and/or for the period otherwise required in terms of any applicable law;
  - confirm that the information submitted is accurate and complete and you commit to maintain and updating such information when necessary. Should this not be done, ART OF SCALE shall not be liable for any loss, damage or injury suffered by you or any third party as a result of any inaccuracies or lack of completeness and you indemnify ART OF SCALE against any such loss, damage or injury;
  - authorise the ART OF SCALE entity to which your information is initially and mainly submitted to share your personal information with any third party where it is in the legitimate interest of that ART OF SCALE entity to do so and agree that such third parties may process your personal information for reasons related to the ART OF SCALE entity’s or the third party’s legitimate interests;
  - agree that ART OF SCALE may transfer your personal information cross-border subject to any/all applicable data protection legislation or requirements;
  - consent to ART OF SCALE contacting and requesting information from any third party, credit bureau or business, to obtain any information relevant to your submission of personal information;
  - agree that the personal information submitted by you to any one or more of our Platform shall be retained by ART OF SCALE for the period necessary to achieve the purpose for which it was submitted or subsequently processed, which period is stipulated within ART OF SCALE’s data retention policies and procedures. You are welcome to enquire about the retention period that will apply to your personal information by contacting ART OF SCALE using the contact details below or those contained in the ART OF SCALE Privacy Notice;
  - commit to contacting ART OF SCALE directly regarding any concern you may have with the processing of your personal information in terms hereof so that ART OF SCALE group can assist with addressing your concern, to the extent possible.
- ART OF SCALE undertakes that any personal information provided by any User, will be protected to comply with the requirements of the Protection of Personal Information Act, 4 of 2013 (“POPI”) and with any other laws in force in the Republic of South Africa from time to time, which has as its object, the protection of the User’s business Confidential Information, or an individual’s privacy.
- Personal data is provided to ART OF SCALE voluntarily to receive the Services. For this clause, the words, “personal information”, “process” and “responsible party” have the meanings given to them in the Protection of Personal Information Act, 2013 (POPI), and:
  - Each party must comply with their obligations under POPI to personal information in respect of which they are the responsible party.
  - Each party must secure the integrity and confidentiality of any personal information of each other or third parties which they process by taking appropriate, reasonable technical and organisational measures to prevent its loss, damage, unauthorised destruction and unlawful access or processing.
  - To do so, the parties must take reasonable measures to; identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control; establish and maintain appropriate safeguards against the risks identified; regularly verify that the safeguards are effectively implemented, and ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

Updates to the ART OF SCALE Platform
- ART OF SCALE may from time to time provide enhancements or improvements to the features/functionality of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates“).
- Such Updates may occur automatically or manually. ART OF SCALE does not guarantee that it will make any Updates available for any of the Platforms, or that such Updates will continue to support your device or system.
- Updates may modify or delete certain features and/or functionalities of the Platform. Users agree that ART OF SCALE has no obligation to:
  - provide any Updates, or
  - continue to provide or enable any particular features and/or functionalities of the Platform to the User.
- Users further agree that all Updates will be:
  - deemed to constitute an integral part of the Platform, and
  - subject to the Agreement and conditions of this Agreement.
- No service maintenance is provided under this Agreement, except for Updates.

Breaches by Users
- If any User breaches any Terms, or if ART OF SCALE has reasonable grounds to believe that a is in breach of any Terms, ART OF SCALE will have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User’s account and any accounts determined to be related to such account by ART OF SCALE in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) imposing other restrictions on the User of any features or functions of any Service as ART OF SCALE may consider ART OF SCALE appropriate in its sole discretion; and (iv) any other corrective actions, discipline or penalties as ART OF SCALE may deem necessary or ART OF SCALE appropriate in its sole discretion.
- ART OF SCALE reserves the right to cooperate fully with governmental authorities, financial institutions, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, ART OF SCALE may disclose the User or User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. ART OF SCALE will not be liable for damages or results arising from such disclosure, and User or User agrees not to bring any action or claim against ART OF SCALE for such disclosure and these Terms provided.
- ART OF SCALE may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s use of any Service or the ART OF SCALE Platform without being liable to the User if ART OF SCALE has received notice that the User is in breach of any Terms or Additional Agreement or undertaking and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.
- If a User shows continuous misbehaviours or unprofessional conduct, ART OF SCALE reserves the right to remove or block the User from the ART OF SCALE Website, Services and Platform without being liable to the User.
- Each User or User agrees to indemnify ART OF SCALE, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any Content, from your use of the ART OF SCALE Platform or Services, or your breach of the Terms.

Limitation of Liability
- Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) the Services provided by ART OF SCALE on or through the ART OF SCALE Platform are provided “as is”, “as available” and “with all faults”, and ART OF SCALE hereby expressly disclaims any and all warranties, express or implied, including but not limited to:
  - ART OF SCALE does not guarantee the suitability of any User being a sound and sustainable business, and it shall be the responsibility of the User to ensure that its business implements and achieves its desired outcomes. Further, save for identity verification and the provision of the agreed additional services, if any, neither ART OF SCALE nor the ART OF SCALE Platform can independently verify any information provided by the User.
  - ART OF SCALE will not bear any liability for loss or damage suffered by the User, of any nature whatsoever, if a User uses the Services and subsequently fails its duty, for any reason whatsoever.
- Any material uploaded and/or downloaded or otherwise obtained through the ART OF SCALE Platform is done at each User’s sole discretion and risk and each User is solely responsible for any damage to ART OF SCALE’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from ART OF SCALE or through or from the ART OF SCALE Platform will create any warranty not expressly stated herein.
- To the fullest extent permitted by law, each User hereby agrees to indemnify and save ART OF SCALE, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the ART OF SCALE Platform or Services or your breach of any of the terms and conditions of the Terms.
- Each User hereby further agrees to indemnify and save ART OF SCALE, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from the User’s breach of any representations and warranties made by User to ART OF SCALE, including but not limited to those set forth hereunder.
- ART OF SCALE will not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following; the use or the inability to use the ART OF SCALE Platform or Services or the User’s service delivery; unauthorised access by third parties to data or private information of any User; statements or conduct of any User of the; or any matters relating to Services, however, arising, including negligence.
- Each User acknowledges that it is fully assuming the risks of using any Services on the ART OF SCALE Platform and each User is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the Services and its outcome “Transaction Risks”. Each User agrees that ART OF SCALE will not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

Third-Party services
- The Platform may display, include, or make available third-party content (including data, information, software and other products or services) or provide links to third-party websites or services (“Third-Party Services“).
- You acknowledge and agree that we do not control or verify Third-Party Services and we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
- Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- When you acquire services or products from a third party through any of our Platform, you understand and agree that:
  - we are not a party to the contract between you and the third-party;
  - we are under no obligation to monitor the third-party service used by you;
  - the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. We will not be liable to you for any reason under the contract with the third party;
  - you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.
- If those third parties change, suspend, or stop providing such services or products, we may similarly change, suspend, or stop providing it to you. We may nevertheless endeavor to provide such a service in another way or by using another supplier or service provider.
- We do not provide any technical support for any Third-Party Services.
- We may use software that is subject to “open source” licenses (the “Open-Source Software”). Where we use such Open-Source Software there may be provisions in the Open Source Software’s license that expressly override this Agreement, in which case such provisions shall prevail to the extent of any conflict with this Agreement.
- Any link you make to or from a third party platform, including the payment portal, will be at your own risk. Any use of the third party platform or payment portal will be subject to and any information you provide will be governed by the terms of the third party platform, including those relating to confidentiality, payment, data privacy and security.

Hyperlinking to our Content
- The following organisations may link to ART OF SCALE’s Platform without prior written approval:
  - Government agencies;
  - search engines;
  - news organisations;
  - online directory distributors when they list us in the directory may link to our websites in the same manner as they hyperlink to the websites of other listed businesses.
- These organisations may link to our home page, to publications or to other website information so long as the link:
  - is not in any way misleading;
  - does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
  - fits within the context of the linking party’s site.
- ART OF SCALE may consider and approve in writing, in our sole discretion, other link requests from the following types of organisations:
  - commonly known consumer and/or business information sources;
  - internet portals;
  - accounting, law and consulting firms whose primary clients are corporates; and
  - educational institutions and trade associations.
- ART OF SCALE will approve link requests from these organizations if we determine that:
  - the link would not reflect unfavourably on ART OF SCALE and our accredited businesses;
  - the organization does not have an unsatisfactory record with ART OF SCALE;
  - the benefit to ART OF SCALE from the visibility associated with the hyperlink outweighs the absence of the link and is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
- Approved organizations may hyperlink to our websites as follows:
  - by use of our corporate name; or
  - by use of the uniform resource locator (Web address) being linked to; or
  - by use of any other description of our websites or material being linked to that makes sense within the context and format of content on the linking party’s site.

Force Majeure

Under no circumstances will ART OF SCALE be held liable for any delay or failure or disruption of the content or Services delivered through the ART OF SCALE Platform or by the User to any User, resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, loadshedding imposed by Eskom, and unavailability of electricity or Internet access by any use them, regulations regarding COVID-19 or any other possible epidemic, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Intellectual Property
- ART OF SCALE is the sole owner or lawful licensee of all the rights and interests in the ART OF SCALE Intellectual Property. The ART OF SCALE Platform and content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the ART OF SCALE Platform and content will remain with ART OF SCALE. All rights not otherwise claimed under the Terms or by ART OF SCALE are hereby reserved.
- “ART OF SCALEl” trading style and related icons and logos are trade marks, registered or unregistered of ART OF SCALE, in various jurisdictions and are protected under copyright, trade mark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
- Feedback from Users is welcome to help ART OF SCALE improve the Services and Platform. For all communication you share with ART OF SCALE, including but not limited to, responses, submissions, feedback, questions, comments, suggestions, and the like ART OF SCALE will be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
- Users will volunteer content which will include Personal Data, Confidential Information, articles, advertisements and images which may comprise intellectual property rights that vest in the person who publishes or volunteers content.
- By posting or displaying any information, including Confidential and Personal Information, Content, trade marks or material on the ART OF SCALE Platform or providing any Content to ART OF SCALE or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to ART OF SCALE to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the ART OF SCALE Platform, the provision of any Services and/or the business of the User. You confirm and warrant to ART OF SCALE that you have all the rights, power and authority necessary to grant the above license.
- By and through the use of the ART OF SCALE Platform and Services, you hereby permit ART OF SCALE to publish and/or use your copyright, logo or trade mark for purposes of delivering the Service. You understand that ART OF SCALE may use said copyright, logo or mark for advertising and/or marketing relating to ART OF SCALE, the ART OF SCALE Platform, partner Platform, and all other purposes related to ART OF SCALE. ART OF SCALE may use your copyright, logo or mark for these purposes without further permission or acquiescence. You hereby release ART OF SCALE from all liability relating to the publication or use of copyright, logo or trade mark.
- The User hereby consents to the use of its photographs and visual representations by ART OF SCALE.

Notices
- All legal notices or demands to or upon ART OF SCALE will be made in writing and sent to ART OF SCALE personally, by courier, registered mail or dedicated email address to the contact details below.
- Any notice is given by a ART OF SCALE or a User (“the addressee“) which:

16.2.1 is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being, will be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;

16.2.2 is transmitted during normal business hours by electronic mail to the addressee’s email address, will, unless the contrary is proved by the addressee, be deemed to have been received by the addressee within twenty-four hours of the date of transmission, and if transmitted after normal business hours will be deemed to have been received by the addressee within twenty-four hours from the first business day succeeding the date of transmission.

You agree that all Terms, agreements, notices, demands, disclosures and other communications that ART OF SCALE sends to you electronically satisfy the legal requirement that such communication should be in writing.

General Provisions
- The Terms and Additional Agreement constitute the entire agreement between you and ART OF SCALE with respect to and govern your use of the ART OF SCALE Platform and Services, superseding any prior written or oral agreements to the same subject matter herein.
- ART OF SCALE and User or Users or Advertisers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or unenforceable, such provision will be deleted and the remaining provisions will remain valid and be enforced.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- ART OF SCALE’s failure to enforce any right or failure to act to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of ART OF SCALE’s right to act concerning subsequent or similar breaches.
- ART OF SCALE will have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of ART OF SCALE). You may not assign, in whole or part, the Terms to any person or entity.
- The Terms and ART OF SCALE Agreements will be governed by the laws of South Africa without regard to its conflict of law provisions and the parties to the Terms agree to submit to the non-exclusive jurisdiction of the courts of South Africa and specifically the High Court of South Africa, Gauteng Local Division, Pretoria.

Disputes with ART OF SCALE

18.1 You agree that any dispute between us shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). Such arbitration will be held either in Johannesburg and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal.

18.2 This agreement to arbitrate shall be enforceable in and judgement upon any award may be entered in any court of any country having appropriate jurisdiction.

18.3 A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

18.4 The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

18.5 The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

18.6 You must send any notice or legal process relating to the Agreement, to the following address: Investment Place Office park, 10th Road, 2nd Avenue, First Floor, Block B, Hyde Park 2196.

ECTA and PAIA
- These terms are subject to the provisions of ECTA and any of the terms that conflict with any of the compulsory provisions of the ECTA will be deemed to have been modified to comply with the ECTA.
- For the purposes of the ECTA, ART OF SCALE’s information is as follows, which should be read in conjunction with its Service descriptions, Additional Agreements and other terms and conditions contained on the ART OF SCALE Platform:
  - Details Edge Growth Technology Services Proprietary Limited t/a ART OF SCALE, or ‘ART OF SCALE for short, a private company registered as such under the laws of the Republic of South Africa, with company registration number 2018/315303/07 and having its principal place of business at 10th Road, Investment Place Office Park, 2196;
  - Main business: providing cloud-based business and entrepreneurial mentoring, strategising and risk management programs and systems;
  - Office bearer: Jason Goldberg;
  - Official email address: jgoldberg@edgegrowth.com.

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