Terms and Conditions

Please read and accept the terms set out below


Thank you for subscribing to Ignite, a service that provides financial planners, advisers and other similar financial services professionals with access to a variety of content, events and tools to help them grow their businesses, their skills and to help them reduce advice risk. These Terms are the general terms of the relationship between You and Us. These Terms cover the use of Ignite’s content and information, including any of our other marketing material. By visiting and using, signing up on, or logging into Ignite or Circulus Online, You accept and agree to these Terms.

DEFINITIONS AND INTERPRETATION

Definitions in the Agreement:

Affiliate means any parent company, subsidiaries, joint ventures, or other companies under a common control;

Agreement means the agreement between you and us, consisting of the Terms the parties enter into;

Circulus Online means https://learn.circulus.co.za an online learning platform;

Content means any content, events and information made available to the Ignite community. Content includes photos, images, audio files, text, files, listings, postings, messages, or other materials;

Effective Date means the date you sign up with us;

Fees means the monthly subscription fee that you will pay to us in respect of Services we provide;

Services means any services we provide to you within the Ignite community;

Service Levels means the levels according to which we will provide each Service as agreed by the parties;

Sign means the electronic acceptance of the duly authorised representative of a party;

Terms means these terms, consisting of:

  1. these Terms of Use; and
  2. any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of Ignite or any specific Services such as the Infinity CPD Membership on Circulus Online)

User or You means any natural or juristic person who signs up with Ignite;

We, us and our means Juacois Consulting and Technology (Pty) Ltd trading as Francois du Toit Consulting and Technology offering and running Ignite;

Writing means the reproduction of information or data in physical form (includes handwritten documents, hard copy printouts and fax transmissions) or any mode of reproducing information or data in electronic form that the parties agree to use (like pdf), but excludes information or data in the form of email.

Ignite means a service that provides financial planners, advisers and other similar financial services professionals with access to a variety of content, events and tools to help them grow their businesses, their skills and to help them reduce advice risk and subscribers will receive full unrestricted access to quality content, information, speakers, guests, resources and events.

Interpretation

A word defined in the Agreement will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Agreement. Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Agreement will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended. A reference to a person includes a natural and juristic person and a reference to a party includes the party’s successors or permitted assigns. Unless otherwise stated in the Agreement, when any number of days is prescribed in the Agreement the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply.

Conflict

If there is a conflict of meaning between these Terms of Use and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, the specific terms will prevail in respect of your use of the relevant section or module of Ignite or our Services.

DURATION

Users have three options to choose from:

  1. A month-to-month subscription, payable by way of debit order, and which could be cancelled by giving 30 days’ written notice of cancellation at any time. This subscription will be renewed automatically every month until cancelled, or
  2. A twelve-month subscription, payable monthly by way of debit order. This subscription will be renewed automatically for a further period of twelve months on the anniversary date of the subscription. In the event that a subscriber opts not to renew the subscription, the subscriber is required to give two months’ written notice of cancellation prior to the expiration of the subscription period, or
  3. A twelve-month subscription, payable in advance by way of debit order or electronic funds transfer at the commencement of the subscription. This subscription will be renewed automatically for a further period of twelve months on the anniversary date of the subscription. In the event that a subscriber opts not to renew the subscription, the subscriber is required to give two months’ written notice of cancellation prior to the expiration of the subscription period, or

USE OF IGNITE

License to use Ignite

We grant you a limited, revocable license to use Ignite subject to the Agreement. Any person wishing to use Ignite contrary to the Agreement must obtain our prior written consent.

Policies.

We may establish general polices and limits concerning the use of Ignite. We may log off, deactivate, or delete any User account on Circulus Online.

Framing

No person, business, or website may frame Ignite or any of its pages.

Linking

A person, business, or web site may link to Ignite or Circulus Online only by linking to its home page. We prohibit anyone from deep linking to any other pages in a manner that would incorrectly suggest endorsement or support of them by us or suggests the person is the owner of any intellectual property belonging to us.

Spiders and Crawlers

No person, business, or website may use any technology (including spiders or crawlers) to search and gain any information from Ignite or Circulus Online.

MODIFY

We may modify or suspend Ignite or Circulus Online or any of its Services, and may further cancel or reschedule events (with or without notice) and will not be held liable.

USER ACCOUNTS

Passwords and Security

Only a registered User can use Ignite and Circulus Online. Each User is responsible for keeping their password secure. Each User is solely responsible and liable for activities that occur under their account. You authorise us to act on any instruction given under your account, even if it transpires that someone else has defrauded both you and us, unless you have notified us prior to us acting on a fraudulent instruction.

Users

User accounts registered by bots or other automated methods are not permitted. Each User must provide their full legal name, a valid email address, and any other information requested in order to complete the registration process. Only one person is assigned to a User’s login – We do not permit multiple people to share a login.

CAPACITY OF USER

You represent and warrant that you:

  1. are old enough under applicable law to enter into the Agreement;
  2. are legally capable of concluding any transaction;
  3. possess the legal right, full power, and authority to enter into the Agreement;
  4. are authorised to use the password required for any account; and
  5. will submit true, accurate and correct information to us and this web site.

If you are younger than 18 years of age, you warrant that you have the consent of your legal guardian to enter into the Agreement or that you have obtained legal status in another manner.

SERVICES

  • Monthly Live Online Webinars covering a wide variety of relevant topics (earn CPD)
  • Monthly Live Online Q&A
  • Full Infinity CPD Membership on Circulus Online (earn CPD)
  • Practice-in-a-box*
  • Attend Monthly Session Priveé (earn CPD) (Limited to 10 seats per session)
  • Attend Bi-Annual Event (earn CPD)
  • Complimentary Competency Register (Excel-based)
  • Quarterly reporting on your CPD progress through Circulus Online
  • End of year summary of CPD through Circulus Online
  • Complimentary Clifton's Strength's Assessment to determine your top 5 talents
  • Commspace new users receive a 10% reduction on their license fee for the first 12 months
  • PROpulsion Podcast CPD coming soon
  • Preferential rates:
    • 60% off the Tax Tool if you sign up before 30 November 2019, thereafter 30% discount
    • 25% off Face-to-face Courses, Workshops and Masterclasses (earn CPD)
    • 33.3% off Hello Advisor retainer fees and 10% off Pay-per-Use fees

Cancel

We may cancel any Service at any time in our absolute discretion. We will refund any monies already paid by you.

Fees

Despite our best efforts, the stated Fees may be incorrect. We will confirm the Fees for any Services when we accept your offer.

Time and place

The parties conclude this agreement between them at the time when our duly authorised representative receives the online subscription form and at the place where we have our head office. The submission of the online subscription form serves as an acceptance of the terms and conditions set out in this agreement as well as in the Debit Order Authorisation/Mandate form. We do not need to communicate the acceptance of the offer to you.

Service Levels

We will provide the Services to you at the Service Levels.

Support

We will provide support in accordance with our practices, procedures and policies.

FEES AND PAYMENT

Fees

You will pay us the Fees. We will invoice the applicable Fees in advance, starting from the Effective Date. We may change the Fees and payment terms upon 30 calendar days prior written notice to you.

Due dates

You will be liable for and pay the Fees promptly on the first day of every month, without any deduction, set off or demand and free of exchange in the currency specified.

Manner of payment

You must make payment via debit order. If elect to pay annually in advance, you may also pay via EFT.

Returned debit orders

An additional surcharge of R 50,00 (fifty Rand) will apply to any returned debit orders to cover additional administration costs. Such surcharge will be added onto the amount to be debited from you in the following month. We may halt the provision of any Services until you have paid all amounts that are due.

Appropriation

We may appropriate any payment received from you towards the satisfaction of any your indebtedness to us under the Agreement.

Withhold payment

You may not withhold payment of any amount due to us for any reason.

Tax

All fees are exclusive of VAT.

Costs to implement

Unless otherwise stated, the parties will bear their own costs to implement (or perform their obligations under) the Agreement.

Payment profile

You and any signatory consent and agree that we may provide any registered credit bureau with information about the payment of amounts.

BANK DEBIT ORDER INSTRUCTION

Authority

When any form of “debit order” has been selected as payment method, you authorise us to issue and deliver payment instructions to the bank details specified for collection against your bank account at your bank (or any other bank or branch to which you may transfer) as per the banking details provided for by yourself on condition that the sum of such payment instructions will never exceed your obligations as agreed to in our agreement, and commencing on the effective date and continuing until the Service is cancelled.

The individual payment instructions so authorised to be issued must be issued and delivered as follows:

On the effective date and thereafter on the debit order date (“payment day”) being the first day of each and every month commencing on the commencement month. Further, if there are insufficient funds in the nominated account to meet the obligation, we are entitled to track your account and re-present the instruction for payment as soon as sufficient funds are available in your account.

You understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and also understand that details of each withdrawal will be printed on your bank statement. Each transaction will contain a reference, which must be included in the said payment instruction which will enable you to identify the Agreement. You shall not be entitled to any refund of amounts which we had withdrawn while this authority was in force, if such amounts were legally owing to us.

Mandate

You acknowledge that all payment instructions issued by us shall be treated by your bank as if the instructions had been issued by yourself personally.

Cancellation

You agree that although this Authority and Mandate may be cancelled by yourself, such cancellation will not cancel the Agreement. You shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to us.

Assignment

You acknowledge that this Authority and Mandate will be ceded to a third party who will manage the debit order on behalf of us as per our agreement with the third party.

WARRANTY

Sales representatives. No sales representatives of ours has the authority to bind us and no representation, warranty or any other statements made or given by any of our sales representatives will be binding on us, unless given in Writing and Signed by a duly authorised representative of ours.

ACCEPTABLE USE AND CONDUCT

Responsibility

Each User is responsible for its conduct on Ignite and Circulus Online. Each User must ensure that its users have the correct permissions to act on Ignite.

Prohibited conduct

Nothing may be unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or harm minors in any way. Do not harass, stalk, degrade, intimidate, or be hateful toward an individual or group of individuals. No User may impersonate any person, falsely state, or otherwise misrepresent its affiliation with any person. Nothing may be false, deceptive, misleading, deceitful, or constitute bait and switch. Do not infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party. Any chain letter, pyramid scheme, or advertisement that is prohibited by law, is prohibited on Ignite and Circulus Online. The advertising and provision of any illegal service or the sale of any goods that are prohibited or restricted by applicable law are prohibited. Malware or badware is prohibited. Do not negatively affect the ability of any other User to use Ignite or Circulus Online. Do not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Ignite. No User may impose an unreasonable or disproportionately large load on our infrastructure. Do not attempt to gain unauthorised access to Ignite or Circulus Online or engage in any activity that disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of Ignite.

INTELLECTUAL PROPERTY

Ownership

Except as provided to the contrary in the Agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of Ignite are our sole property or will vest in us or a third party licensor. All moral rights are reserved.

Trademarks

Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on Ignite or other marketing material of ours is the property of its respective owner.

Restrictions. Except as expressly permitted under the Agreement, Ignite may not be:

  1. modified, distributed, or used to make derivative works;
  2. rented, leased, loaned, sold or assigned;
  3. decompiled, reverse engineered, embedded or copied; or
  4. reproduced, transferred, or distributed.

Sufficient rights

You may not provide Content for which you do not have sufficient rights.

Copyright infringement by You

You must promptly address any written notice to you that your Content infringes the copyrights or other rights of another person. If you do not promptly remove or change the infringing element of the Content specified in the notice, we may remove the Content without any liability to any User.

Prosecution

All violations of proprietary rights or the Agreement will be prosecuted to the fullest extent permissible under applicable law.

DISCLAIMER OF WARRANTIES

Disclaimer

Use of Ignite is at the sole responsibility and risk of each User. Ignite is provided on an “as is” and “as available” basis. Except for the warranties given in the Agreement, and to the extent allowed by law, we expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including:

  1. any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, fitness for a particular purpose, accuracy, system integration, quiet enjoyment, title, and non-infringement; or
  2. any warranties regarding third party software.

We do not warrant that Ignite will meet the requirements of any User or be uninterrupted, be legally effective or complete, timely, secure, error-free or free from infection by malicious software. Each User should keep up-to-date security software on the systems used to access Ignite.

INDEMNITY

Each User agrees to indemnify, defend, and hold us harmless (and our subsidiaries, Affiliates, officers, agents, co-branders or other partners, and employees) from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to its use of Ignite.

LIMITATION OF LIABILITY

Correct faults

We will correct any fault in Ignite or Circulus Online where possible and as soon as reasonably practical and this is its entire liability regarding any fault in Ignite or Circulus Online. If this clause is held inapplicable or unenforceable, then the following clause will apply.

Direct damages limited

To the extent permitted by applicable law, regardless of the form (whether in contract, delict or any other legal theory) in which any legal action may be brought, Our maximum liability to you for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid by you to us for the Services related to the claim. The aggregate amounts for all claims will not be greater than the maximum amount.

Indirect damages excluded

To the extent permitted by applicable law, in no event will we (or our personnel) be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from the Agreement.

Other goods or services

We are not liable for any other deliverable, including website, goods, or service provided by any third party.

TERMINATION

Breach

If the User:

  1. commits a breach of the Agreement;
  2. repeatedly infringes the copyrights or other rights of others;
  3. fails to pay any amount due and fails to remedy the breach within 2 calendar days of having been called on in writing to do so;
  4. effects or attempts to effect a compromise or composition with its creditors; or
  5. is provisionally or finally liquidated or placed under judicial management;

You agree that we may, to the extent permitted by applicable law and without prejudice to our rights in the Agreement or in law, deactivate or delete your account, terminate access to or use of Ignite or Circulus Online, claim specific performance of the Agreement, or cancel the Agreement immediately on written notice and claim damages from you (including, any claim for any Fees already due).

Effects of termination

On the deactivation or deletion of your account, the Agreement will terminate and access rights will immediately cease to exist. On termination, cancellation or expiry, all amounts due to us for Services rendered prior to termination will become due and payable even if we have not invoiced them. You may not withhold the amounts for any reason, unless the arbitrator directs otherwise. The termination, cancellation, or expiry, will not affect the enforceability of the terms that are intended to operate after expiry or termination.

DISPUTES

Forum

Any claims by us against you for injunctive or equitable relief or regarding intellectual property rights may be brought in any competent court without the posting of a bond. The parties will, in the first instance, refer any other dispute arising between you and us to our Community Relationship Manager, who will use his or her best endeavours to resolve the dispute. If the parties are unable to resolve a dispute, the dispute will be finally resolved by expedited arbitration in accordance with the dispute resolution procedures and rules of the Arbitration Foundation of Southern Africa in the city where we have our head office in English.

Collection proceedings

We retain the right to institute collection proceedings in a court of law of competent jurisdiction for matters involving outstanding payment.

NOTICES AND DOMICILE

Notices

The parties will send all notices, authorisations, disclosures, acknowledgements, and requests by hand, prepaid registered post, courier, fax, or email to the addresses and numbers provided on Ignite. By providing contact information, each party consents to its use for administering the relationship by the other party and other third parties that help a party administer the relationship.

Service (delivery) address for legal documents

Each party chooses its addresses and numbers provided on Ignite and Circulus Online as its domicilium citandi et executandi (its address for the service of any document used in legal action) for this Agreement.

Change of addresses or numbers

Each party may change the addresses and numbers provided on Ignite.

Deemed delivery

Notice will be considered to be delivered on the date shown on any hand-delivered, prepaid registered post, courier, fax or email confirmation of delivery.

Notice actually received

If a party actually receives any notice or other communication, this will be good enough.

CIRCUMSTANCES BEYOND CONTROL

No party will be responsible for any breach of this Agreement caused by circumstances beyond its control, including any breakdown or failure of power supply, the Internet, any telecommunications systems, or any computer hardware or software.

CESSION AND ASSIGNMENT

You may not delegate your duties under the Agreement or assign your rights under the Agreement, in whole or in part. We may assign the Agreement to any successor or purchaser of our business or some of our assets.

GENERAL

Entire Agreement

The Agreement is the entire agreement between the parties on the subject.

Changes

The Agreement may be changed at any time by us and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on Ignite (or by email). If you do not agree with the change, you should stop using Ignite. If you continue to use Ignite following notification of a change to the Agreement, the changed terms will apply to you.

Fact related to website

A certificate, signed by an administrator of Ignite, of any fact related to Ignite (including the version of the Terms that governs our Services or dispute and what content was published or functionality was available on Ignite at a specific point in time) will be proof of the correctness of the certificate’s contents.

Waiver

Any favour we may allow you will not affect or substitute any of our rights against you.

Severability

If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this Agreement if it does not change its purpose.

Governing Law

South African law governs this Agreement.

Right to reference

You consent to us using your name in any marketing or sales material.

Updates: SA CORONA VIRUS CENTRE