This website is operated by Usha Maharaj CA(SA) and/or Devajal Consulting (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Usha Maharaj CA(SA) and/or Devajal Consulting (Pty) Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The Website enables you to shop online for a range of personal development products and programs including digital products, courses, services, books, eBooks, Podcasts, online training, live training and more (“Goods”).
Our site is hosted on WordPress using plugins that provide us with the online e-commerce platform that allows us to sell our products and services to you.
We permit the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
SECTION 1 – ONLINE SITE/SHOP TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Usha Maharaj CA(SA) immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Devajal Consulting (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Devajal Consulting (Pty) Ltd/Usha Mahraaj CA(SA) representative.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the terms of the specific product.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) come into effect (the “Sale”). This is regardless of any communication from Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) stating that your order or payment has been confirmed. Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) will indicate the rejection of your order (by Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA), Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
SECTION 6 – EBOOKS AND DIGITAL DOWNLOADS
An “eBook” means an electronic book capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”), and on certain other mobile hardware devices (such as iphones and android). The Adobe Reader is the “Reader Applications”. Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
IMPORTANT – Limits to functionality and usage of eBooks:
You will not be able to read eBooks on devices that do not support either of the Reader Applications, therefore check your device prior to purchasing an eBook.
Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such devices that you have associated with your profile in the relevant Reader Application. If you have not registered additional devices with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
You will need to be connected to the internet when you download an eBook and open it for the first time. On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook from the relevant publisher and consequently, if Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) accepts your order, delivery will take place electronically via the internet as described below.
Delivery of eBooks: Where Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) accepts your order, upon receipt or confirmation of payment, we will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you in your email. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions.
PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
So as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
The Link will not appear if you have removed it, or Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA)’s Returns Policy pertaining to eBooks from time to time);
Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem per Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA)’s Refunds Policy, you will be entitled to a full refund of the purchase price paid therefor.
We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
Practical issues to note in utilising the Link to download the eBook: The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.
IMPORTANT: the locator file required in order to access the eBooks will only be downloaded if the device you are using to click the Link is already associated with the relevant Reader Application (i.e. if you are using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac).
If you have any problems relating to the functionality of your Link, please report same to us so that we can assist you in resolving the problem.
Returns of eBooks: Please refer to Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA)’s Refunds Policy.
Illegal use of eBooks: All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA).
SECTION 7 – ONLINE COURSE CODES
An “Online Course” is a form of distance learning which allows you to develop your skills and knowledge on a certain topic, via the internet. In order to complete an online course, you need to have your own email account and access to the internet. You do not need to attend physical classes or visit an education campus. On completion, you will typically receive a digital certificate. Some online courses may require you to complete an assessment (also done online) to complete the course. Online Courses are accessible by means of an Online Course Code.
An “Online Course Code” is a unique digital code that can be redeemed on the respective websites of certain Online Course providers. Upon redeeming the Online Course Code on the website of such Online Course providers, you will either be enrolled for the particular course automatically, or you will be given credit on the Online Course provider’s website which will enable you to enrol for the particular course you have purchased. Your access to any Online Course Code purchased by you from us will be granted via the unique digital code that will be sent to you by email, to the email address we have on file.
IMPORTANT – Limitations relating to Online Course Codes
You will not be able to use Online Course Codes and / or access Online Courses through the Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) website. You will have to utilise the Online Course Code and Online Course through the relevant Online Course provider’s website.
You will need to be connected to the internet when you use an Online Course Code and / or access the Online Course. Subsequent usage and access thereof will be subject to the specific Online Course provider’s website usage restrictions.
Ordering Online Course Codes: when ordering Online Course Codes from us, you will be ordering the right to access an Online Course from the relevant Online Course provider, on their website. Consequently, if Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) accepts your order, delivery will take place electronically via the internet as described below:
Where Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) accepts your order, upon receipt of confirmation of payment, we will obtain your Online Course Code to the relevant Online Course and deliver it to you via the email we have on file.
PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS: So as to reduce the risk of fraud, Online Course providers limit the number of times any Online Course Code can be applied to one application and you acknowledge that usage of the Online Course Code may become blocked after your first use so as to prevent fraud;
Access to the Online Course may be denied if you have completed the Online Course, or Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) has removed it pursuant to your having ‘returned’ the Online Course (if possible in accordance with Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA)’s Returns Policy pertaining to Online Course Codes from time to time);
Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) does not guarantee that Online Course providers will make their Online Courses available for download and use indefinitely and Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) accepts no responsibility or liability to you or any other person if, upon your utilising the Online Course Code, the relevant Online Course is no longer available, provided that, if you discover and report such a problem within 3 months of your receipt of the Online Course Code, you will be entitled to a full refund of the purchase price paid therefor.
We do not charge any delivery fees for electronic delivery of the relevant Online Course Code, however, you may incur costs (eg internet service provider fees) associated with accessing and using the Online Course, and we will not under any circumstances be liable for any such costs incurred by you.
Practical issues to note in utilising the Online Course Code: The Online Course Code is your unique code as allocated by the Online Course provider for a particular Online Course.
By utilising the Online Course Code on the relevant Online Service provider’s website you may be required to sign up and register on an Online Course provider website, which you acknowledge is in no way affiliated, associated with or linked to Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA).
If you have any problems relating to the usage of your Online Course Code, please report same to us so that we can assist you in resolving the problem.
Return of Online Course Codes: please refer to Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA)’s Refund Policy.
Illegal use of Online Course Codes: By purchasing any Online Course Code and/or accessing any Online Courses you acknowledge and agree that the provisions of illegal use of eBooks and Digital Products are applicable to the usage and access thereof.
You hereby acknowledge and agree to these Terms and Conditions and undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) which arise from or in relation to your having participated in any Illegal Activities in relation to any Online Course Code sold by Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA).
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA)’s Refund Policy.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – OWNERSHIP AND COPYRIGHT
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA), its advertisers and/or sponsors and/or is licensed to Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA).
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.
Where any of the Website Content has been licensed to Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA), its employees, agents or authorised representatives. Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.
In the event of any dispute arising between you and Devajal Consulting (Pty) Ltd/Usha Maharaj CA(SA), you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu Natal Division, Pietermaritzburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Postal address: Devajal Consulting (Pty) Ltd, PO Box 7, Luxmi, 3207. Email: firstname.lastname@example.org. Office bearer: Usha Maharaj.
Questions about the Terms of Service should be sent to us at email@example.com.