Terms of Service

1. Agreement to Terms

By accessing and using the services provided by Ebenware (Pty) Ltd, a company registered in South Africa ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Ebenware (Pty) Ltd.

These Terms are governed by the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") and comply with the provisions of Section 43(1) of the ECT Act. If you disagree with any part of these terms, you may not access our services.

2. Use of Our Services

Our services, including SkillsLi and any other software platforms we provide, are intended for business and professional use. By using our services, you agree to:

• Provide accurate and complete information when creating an account
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Use our services in compliance with all applicable laws and regulations
• Not use our services for any illegal or unauthorized purpose

3. Account Terms

When you create an account with us, you must:

• Be at least 18 years of age or have legal parental or guardian consent
• Be a human - accounts registered by automated methods are not permitted
• Provide a valid email address and any other required information
• Be responsible for maintaining the confidentiality of your account
• Notify us immediately of any unauthorized use of your account

4. Payment and Billing

For paid services:

• You agree to pay all fees associated with your selected plan
• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change our pricing with 30 days notice
• You are responsible for any taxes associated with your purchase

5. Intellectual Property Rights

The services and their original content, features, and functionality are and will remain the exclusive property of Ebenware (Pty) Ltd and its licensors. Our services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6. Data and Privacy

Your use of our services is also governed by our Privacy Policy. By using our services, you acknowledge that you have read and understood our Privacy Policy, and you agree to its terms regarding the collection, use, and disclosure of your information.

7. Service Availability

We strive to provide reliable and uninterrupted service, but we do not guarantee that our services will be available at all times. We may experience hardware, software, or other problems requiring maintenance, which may result in interruptions, delays, or errors. We reserve the right to revise, suspend, or discontinue our services at any time without notice.

8. Limitation of Liability and Indemnity

To the maximum extent permitted by South African law, and subject to the Consumer Protection Act 68 of 2008, Ebenware (Pty) Ltd, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or use
• Any loss of goodwill or other intangible losses
• Any damages resulting from interruption, suspension, or termination of services
• Any damages resulting from unauthorized access to or alteration of your data
• Any damages resulting from third-party conduct or content

Our total liability shall not exceed the amount paid by you, if any, for accessing our services during the six (6) months preceding the claim.

You agree to indemnify and hold harmless Ebenware (Pty) Ltd from any claims, damages, or expenses arising from your violation of these Terms or your use of our services.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the services will cease immediately.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to:

• Electronic Communications and Transactions Act 25 of 2002
• Consumer Protection Act 68 of 2008
• Protection of Personal Information Act 4 of 2013 (POPIA)
• Copyright Act 98 of 1978

Any dispute arising from or in connection with these Terms shall first be attempted to be resolved through good faith negotiations. If such negotiations fail, disputes shall be submitted to the jurisdiction of the High Court of South Africa, Western Cape Division.

You consent to the jurisdiction of the South African courts for any proceedings arising from these Terms, and you waive any objection to proceedings in such courts on the grounds of venue or inconvenient forum.

11. Consumer Protection and Cancellation Rights

In accordance with the Consumer Protection Act 68 of 2008:

• You have the right to cancel any subscription service with 20 business days' notice
• You may request a refund for any pre-paid services not yet rendered
• You have the right to receive information in plain and understandable language
• We warrant that our services are of good quality and fit for purpose
• You have the right to fair, just, and reasonable terms and conditions

For subscription cancellations or refund requests, please contact us at info@ebenware.com.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time, in accordance with Section 49 of the Consumer Protection Act. If a revision is material, we will provide at least 20 business days notice prior to any new terms taking effect. Notice will be provided via email to registered users. Your continued use of our services after any changes constitutes acceptance of the new Terms.

13. POPIA Compliance and Data Protection

We comply with the Protection of Personal Information Act 4 of 2013 (POPIA). By using our services, you acknowledge that:

• We process personal information lawfully and in a reasonable manner
• We collect information directly from you unless impracticable
• You have the right to access and correct your personal information
• We implement appropriate security measures to protect your information
• We will notify you of any security breaches as required by law

For full details, please refer to our Privacy Policy.

14. Contact Us

If you have any questions about these Terms of Service, please contact us at: