1. Introduction
IQAS (Pty) Ltd (Registration Number 2010/005933/07) (“IQAS”, “us”, “we”, “our”), is a private company registered in the Republic of South Africa, which owns and/or operates various electronic and non-electronic communication platforms for purposes of lead generation and direct marketing.
The electronic communication platforms used by us, include, electronic mail, SMS, and automated voice messages (“AVM”). We also use non electronic methods of marketing communication which include telephone communication and face-to-face communications (together we refer to these as “Communication Platforms”)
Each of the Communication Platforms will refer the recipient thereof to applicable “terms and conditions” and provide a link to these Terms contained on the relevant website (https://www.IQAS.co.za), which is owned and operated by IQAS (“Website”).
You may also be visiting and/or browsing the Website of your own accord without having received prior marketing messages via a Communication Platform.
These Terms apply to you regardless of the Communication Platform through which you accepted them.
2. Application of the Terms
IQAS offers opportunities via the Website and Communication Platforms (together referred to as the “Sites”) to users (“you”) to contract with service providers in various industries and includes marketing and advertising the latest deals, specials and promotions offered by these service providers (“Services”). The Terms contained herein apply to the Sites.
These Terms are applicable:
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where you have elected to visit and/ or use the Site on your own accord and not in response to a prior marketing message received via a Communication Platform; and
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where you are directed to this Site in response to a prior marketing message received via an alternative Communication Platform.
To the extent that the Terms may differ on the basis of whether you accessed the Site directly or as a link from an alternative Communication Platform this will be specifically stated herein. To the extent that no such statement is made, these Terms will be binding on you in the same manner regardless of the method of access to the Site.
3. The Website
This Website is a direct marketing campaign, conducted by IQAS on behalf of IQAS
The Website is an online lead generation website, which enables you to enter your contact information then receive carefully selected promotions and offers.
You have accessed the Website to visit and browse or use the Website of your own accord.
4. Terms
Please read these Terms, together with our Privacy Policy located at https://www.IQAS.co.za/privacy-policy.html carefully, they will govern our relationship with you in relation to your use of the Sites and will constitute an ongoing binding agreement between IQAS and yourself.
NOTE: Please read these Terms carefully. Certain of them (indicated in bold) limit our liability or place liability on you or require you to acknowledge a fact. If you have any queries, please contact us at support@IQAS.co.za.
5. Acceptance of Terms
By accessing the Website or clicking “I Confirm” or “I Accept” on the Website or in any other Communication Platform, you are deemed to have read, understood, and agreed to the Terms.
These Terms apply when you visit the Sites for the first time and throughout your use of the Sites. The latest version of these Terms applies each time you visit a Site.
We may at any time change any of the Terms and such changes will supersede and replace any previous Terms. The amended Terms will be made available on the Site. Each time you access the Site, you agree to be bound by the Terms, as they have changed.
If you do not accept these Terms, please do not continue to use the Sites. Please note that the Terms stated in this document refer to the use by you of the Sites and are not related to any commercial agreement concluded between you and any third party pursuant to the use of the Sites.
6. Use of Services
Before you can use the Services advertised on the Sites, you must register as a user by completing the questionnaire provided on the Website or reply as directed if via an alternative Communication Platform. The Site prompts will guide you through the process
When you elect to use the Services, by responding with a clear instruction to be contacted, clicking links to our Website in any marketing communications, by dialling USSD codes contained in marketing communications and advertisements and by replying to short codes and/ or, clicking the “I Accept” box attached to these Terms you understand and agree that you have been given an opportunity to read and understand these Terms which apply to your use of the Services which will then be binding on you.
You further acknowledge and understand that the conclusion of any required documentation for use of the Services takes place in an electronic format via the Sites and that tick boxes or questions, which are ticked / answered by you, constitute agreement to the document and/or provisions to which such tick boxes or questions relate. No further physical signature or documentation will be required in order for agreement to be reached.
7. Opt-In and Consent
When you register on the Website and submit your request to be contacted for the advertised offer and click on the agreement to the Terms and Privacy Policy, or you click on the box “Call Me Back” / “Submit” / “Get Quote” / reply YES to an SMS / Dial a USSD code / click on a link to these Terms in any Communication Platform received and or provide any response to communication other than a clear instruction to opt out or provide us with your personal information, you are opting into and providing your consent to receiving marketing communications via SMS, e-mail, automated voice messages (“AVM”) and telephone calls from service providers for the Services offered on the Sites and any other promotions that may be of interest to you.
Offers of Service Providers may include, insurance products, licenced betting products, credit products, cell phone products, retail products and rental products. Each category of products and/ or services in respect of Offers made may be subject to specific requirements which can be found in the relevant links.
When you receive marketing communications, you will always be given the option to opt out.
Should you decide to opt out of all, or any direct marketing received from us, you can either click on the following link or register on the national “Do Not Contact” list which can be found on www.nationaloptout.org
Depending on the Services being offered on the Site, the service provider may require consent to a credit check. If you have ticked the box agreeing to a credit check being conducted, you are consenting to have your personal information sent to a credit provider and/or credit bureau for purposes of checking your credit profile.
8. Personal Information
When you submit your personal information on the Sites to qualify for the Services, you understand and agree that we will use your personal information as you have given it to us, including your South Africa Identity Number in order for our sales partners to determine if you are a suitable candidate for their Services.
We respect and understand the importance of your personal information and will ensure that it is stored securely and is only used as described in these Terms and our Privacy Policy.
Where you have agreed to our Privacy Policy by ticking the relevant box when visiting or being linked to the Site, you understand and agree that we will use your personal information to send you marketing communications through various channels, including SMS, e-mails, AVM, and telephone calls.
9. Use of this Website and Services
By accessing the Site and using the Services, you warrant and represent to us that you are over 18 (eighteen) years of age and legally entitled to do so and have the required legal capacity to conclude legally binding transactions.
When you give us your personal information, you hereby warrant, undertake, and represent that you will enter only true and correct personal information and that we shall be entitled to rely on the correctness thereof. You understand and agree that we do not review or purport to review any submitted information and we reserve the right to suspend or terminate your access to the Site and Services without further notice to you.
You may only use the Site to browse the content and enter legitimate information for your personal use. The Site and any content provided on it may not be copied or distributed, reproduced, republished, uploaded, posted, transmitted in any way whatsoever for commercial purposes.
You warrant that you will not use the Site, the Services and/or the content or any information made available or sent to you by us pursuant to your use of the Site for any purpose that is unlawful or prohibited under South African or international law or is in contravention of these Terms and you hereby indemnify us accordingly.
When you visit the Site, we may make use of “Cookies” to automatically collect information and data about users. If you do not want information collected by means of Cookies, please disable the use of Cookies in your web browser.
Cookies may, however, be necessary to provide you with certain features available on the Site. If you disable Cookies, you may not be able to use these features and your access to the Site will be limited.
10. Security
We will take all reasonable technical and organisational measures to protect any information transmitted over the Sites. We do not, however, guarantee the security of any information transmitted online to us and you accept the risk of providing information on the Site.
11. Third Party Content and External Links
The Site may include products or content, advertisements from third parties or external links to other websites having their own content, or any other third-party content (“Third Party Content”).
You acknowledge that the Third-Party Content:
- is beyond our control and that any reliance on any representation, statement or information contained in the Third-Party Content is at your own risk.
- is not verified by us and we do not determine or guarantee its lawfulness, accuracy, or reasonableness; and
- may contain representations, statements or information which does not represent the views, opinions, or beliefs of IQAS, its associates, directors, employees, or affiliates.
We are not responsible for, and we do not endorse, support, or guarantee the quality, reliability or suitability of any such Third-Party Content. Any reliance or use of such Third-Party Content is at your own risk.
Third Party Content may be subject to additional terms and conditions. It is your responsibility to read and adhere to such additional terms and conditions, including the terms and conditions of that third-party website.
12. Content
While we make every effort to update the information provided on the Site on a regular basis, we make no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness, or reliability of any content on the Site.
We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site and any Service and/or content offered on the Site
13. Maintenance
We will use our reasonable efforts to maintain the Site. The Site is subject to change from time to time. You will not be eligible for any compensation should your use of any part of the Site be affected in anyway and or because of a failure, suspension or withdrawal of all or part of the Site due to circumstances beyond our control.
We may:
- modify or withdraw, temporarily or permanently, the Site (or any part of it) with or without notice to you and you agree that we will not be liable to you or any third party for any modification to or withdrawal of the Site; and
- change these Terms from time to time with or without notice to you, and your continued use of the Site (or any part of it) following such change will be deemed to be your acceptance of the change.
Changes to the Terms and the latest version thereof in force at the time you use of the Site will be the version applicable to you.
14. Monitoring
We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the Site. We may investigate any reported violation of these Terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating, or attaching conditions to your access, or the removal of any materials from the Site.
15. Law
The Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute.
16. Electronic Communications
When you visit the Site or send responses to us via other Communication Platforms or e-mail us, you are communicating with us electronically. Your communication via and/ or use of the Site will be deemed your consent to receive communications from us electronically which will allow us to communicate with you via e-mail, SMS, or any other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
17. Intellectual Property
All content included on the Site, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by international intellectual property laws.
All software used on the Site is our property or that of our software suppliers and is protected by international intellectual property laws.
The registered and unregistered trademarks, names, logos, and service marks displayed on the Site belong to us. Nothing contained on the Site, except as expressly stated in these Terms, will be construed by you as the granting of any license or right to use any trademark without our prior written permission. All rights in and to the content and trademarks are reserved and retained by us or our content suppliers. You further acknowledge that we, or our content suppliers are the proprietors of all the content and trademarks on the Site, whether it constitutes confidential information or not, and that you hold no right, title, or interest in any such material.
18. Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/ OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NEITHER US NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, OR OUR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
19. ECT Act Disclosures
Access to the content on or through the Site and any other Communication Platform used are classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act (No. 25 of 2002), as amended from time to time (“ECT Act”), and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:
Our full name and legal status: IQAS (Pty) Limited (www.IQAS.co.za)
Street address: 17th Floor Embassy Building, 199 Anton Lembede Street, Durban Central, 4001
Postal address: PO Box 20371, Durban North, 4016
Physical address for receipt of legal service: 17th Floor Embassy Building, 199 Anton Lembede Street, Durban Central, 4001
Main business: Quality Assurance Business Process Outsourcing, Software Development, Software Rental
Website address: https://www.IQAS.co.za/
Governing terms of use: These Terms and our Privacy Policy
Manual in terms of the Promotion of Access to Information Act 2 of 2000: Please contact support@IQAS.co.za.
Costs associated with the access to and use of the Service: There are no costs associated with accessing the Service
Dispute resolution and complaints: Please contact support@IQAS.co.za in the event of a complaint or dispute.
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