Terms & Conditions

This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information.

In This User Agreement:

"Account" means the account you open when you register on the Website or mobile application.

"Customer" means a Customer or User that investigates and purchases Services from potential Substitutes or identifies Substitute Teacher(s) through our Website.

"Dispute Resolution Process" means the process to be followed by Customers and Substitute Teachers in accordance with the Dispute Resolution Services.

"Entrant" means an eligible Substitute Teacher who has entered into a potential shortlist in order to compete with other Entrants to get the work of the Customer’s posted job.

"The Company", "Find My Sub",  “Find My Substitute”, "we", "our", or "us" means “Find My Holdings (Pty) Limited (South Africa)”, a registered South African Company.

"Inactive Account" means a User Account that has not been logged into for a continuous 6-month period.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Jobs" means a service we provide to match a School that has jobs that need doing - with a Substitute Teacher who will provide the service on a temporary basis.

"Teacher" or “Substitute” means a User that offers and provides services or identifies to a School or Educational Institution through our Website.

“School” or “Education Institute” is a registered place of learning where educational services are offered.

"Teacher Services" or “Services” means all services provided by Teachers.

“Fees” means all monies owed by Schools acquiring Substitute Teachers to those teachers.

"User", "you" or "your" means an individual who visits or uses the website or gains access to it.

"User Contract" means : (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the School and Teacher uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct.

"Website" means the sites operated by Find My Holdings (Pty) Limited and available at: findmysub.co.za and any related Find My Substitute service, tool or mobile application.

1. Overview

The Website and associated mobile application is an online venue where Teachers register their details, so that Schools can hire them on a temporary basis at their own discretion. Schools and Teachers must register for an Account in order to connect with each other. Registered school or educational accounts are paid for on a recurring basis.

Find My Holdings (Pty) Ltd merely provides a software platform to connect school or educational institution with substitute teacher(s) in order to obtain services or get specific temporary assignments or tasks done. Find My Holdings (Pty) Ltd is not responsible or liable for any of the services or assignments rendered by teachers or third parties to schools. All fees and accounts due to the substitute teachers or parties for services rendered to the school or educational institution are strictly between the same parties and are in no way associated with Find My Holdings (Pty) Ltd. The Substitute Teachers do not hold Find My Sub (Pty) Ltd liable in any way for fees owed to them.

No credential checks are carried out by Find My Holdings. It remains the responsibility of the school to check and confirm teaching credentials before making use of their services. Find My Holdings (Pty) Ltd does not accept responsibility for any damages related to the use of this service – this service is provided without liability and used at your own risk.

The terms and conditions stated herein constitute a legal agreement between you and Find My Holdings (Pty) Ltd. By using and/or receiving any services supplied to you by Find My Holdings, and downloading, installing or using any associated software supplied by Find My Holdings which is to enable you to use the Service (collectively, the "Software"), you hereby acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at findmysub.co.za or through the Service.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at support@findmysub.co.za

2. Scope

Before using the Find My Holdings (Pty) Limited Website or mobile applications, we recommend that you read the whole User Agreement, the Website policies and all linked information.

You must read and accept all the terms in, and linked to, this User Agreement, the Code of Conduct, the Find My Holdings (Pty) Limited Privacy Policy and all Website policies. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the Find My Holdings (Pty) Limited Website, or when you use the tools we make available to interact with the Find My Holdings (Pty) Limited Website. Some Find My Holdings (Pty) Limited Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the findmysub.co.za Website or mobile applications if you:

• Are not able to form legally binding contracts; or
• are under the age of 18; or
• a person barred from receiving and rendering services under the laws of South Africa, or another applicable jurisdiction; or
• are suspended from using the findmysub.co.za Website;

Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

We may, at our absolute discretion, refuse to register a person or corporate entity as a User.

4. Using FindmySub.co.za

While using the Find My Holdings (Pty) Limited Website, you will not:

• Post inappropriate content, or items in inappropriate jobs or areas on our websites and services;
• Infringe any laws, third party rights or our policies, such as the Code of Conduct;
• Fail to deliver payment for services delivered to you, unless the Customer has materially changed the substitute teaching offer or a clear typographical error is made;
• Fail to deliver Teaching Services purchased from you, unless the School or Educational Institute fails to meet the terms, materially alters the terms of the Teaching Services from the listing;
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Find My Holdings (Pty) Limited;
• Post false, inaccurate, misleading, defamatory or offensive content (including personal information);
• Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the findmysub.co.za Website or mobile application);
• Transfer your findmysub.co.za account (including feedback) and Username to another party without our consent;
• Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm Find My Holdings (Pty) Limited, the Website, or the interests or property of Find My Holdings (Pty) Limited users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• Download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the findmysub.co.za Website;
• Copy, modify or distribute rights or content from the findmysub.co.za Website or Find My Holdings (Pty) Limited’s copyrights and trademarks; or
• Harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Intellectual Property Rights infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via support@findmysub.co.za and we will investigate.

6. Fees And Services

We charge fees for certain services, listings and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.

Unless otherwise stated, all fees are quoted in South African Rands.

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

You must also comply with your obligations under income tax provisions in your jurisdiction.

8. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Find My Holdings (Pty) Limited.

9. Promotion

We may display your Name, or business name, contact details, logo, images or other media, and description of your profile as part of the Find My Holdings (Pty) Limited Services and/or other marketing materials relating to the findmysub.co.za Website or mobile application or services, except where you have explicitly requested that we do not do this, and we have agreed to such request.

10. Content

Royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

• Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
• Will not violate any law or regulation;
• Will not be defamatory or trade libelous;
• Will not be obscene or contain child pornography;
• Will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
• Will not contain material linked to terrorist activities;
• Will not include incomplete, false or inaccurate information about User or any other individual; and
• Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body or member as part of this service offering. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Find My Holdings (Pty) Limited and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third-party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party content, links to third party content and/or websites is at your risk.

11. Feedback, Reputation And Reviews

You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Find My Holdings (Pty) Limited feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Services via the Website. You may not use your feedback (including, but not limited to, marketing or exporting your any or all your composite rating or feedback comments) in any real or virtual venue other than a website operated by Find My Holdings (Pty) Limited or its related entities without our written permission.

12. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on our Website. Any website address posted on our Website, including in a listing, bid, listing description, clarification board or the message board, must relate to your services being performed on the Website. An example of a permissible website address would be a portfolio of work.

We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Find My Holdings (Pty) Limited or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

13. Communication with Other Users

You must not post your contact information on the Website, except in the relevant contact fields of the signup form, at our request or as otherwise permitted by us on the Website.

14. Right To Review

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.

15. Identity / Know Your Customer

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your drivers' license). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Find My Holdings (Pty) Limited Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

16. User Services

Upon the School or Teaching Institution awarding a project or contest to the Substitute Teacher, and the Teacher’s acceptance on the Website, or the use of a service by a School from the Teacher, the Customer and Substitute Teacher will be deemed to have entered into a User Contract under which the School or Teaching Institution agrees to purchase, and the Teacher agrees to deliver the required Services of a temporary nature. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a School or Teacher, or in any other uses you make of the Website or mobile application.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Teachers and Schools may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.

Each User acknowledges and agrees that the relationship between Schools and Teachers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Find My Holdings (Pty) Limited and the User.

17. Special provisions for Local Jobs

Each User acknowledges:

Find My Holdings (Pty) Limited may from time to time include a map feature and findmysub.co.za may display the location of Users to persons browsing the Website on that map. Every School seeking services for Local jobs will be asked to provide the location where the Local job is to be performed or the goods are to be delivered. A User must never disclose, in any Job posted, personal details such as the User's name, street number, phone number or the email address in any Job description for a Local job or in any other public communication on the findmysub.co.za Website or mobile application.

Once a Teachers services has been accepted by a School or Teaching Institution seeking their services or jobs then the Teacher providing the service or job is obliged to complete the transaction, unless the service or job, goods or transaction is prohibited by law, by this Agreement or by any of our Policies. Should an accepted Teacher not show up to provide the service or job, or not complete the service or job after being accepted, then Find My Holdings (Pty) Limited may take further steps against that Teacher, including but not limited to blocking that Teacher from using the findmysub.co.za platform in future, and charging an admin fee to that Teacher to cover the refund charges for the School if required - plus administrative overheads associated to remediate the issue as necessary.

When a Teacher has provided the goods or services and completed the service or job to the satisfaction of the School, the School are encouraged to log on to the Website or use the mobile application to rate the completed service or job. Should there be an issue with a completed service or job, then the teacher must inform Find My Holdings (Pty) Limited by emailing them at support@findmysub.co.za

Our fees are only charged as a subscription service to utilised our platform. Any items purchased by the School or Teacher as part of performing their services are between the School and Teacher.

18. Payment of subscription Fees

18.1 Find My Holdings (Pty) Limited uses the services of a credit card payment provider, PayFast, to process your credit or debit card transactions. These payment services are not provided by Find My Holdings (Pty) Limited. Your credit card details are not stored on our site at any time and are passed in encrypted format directly to our payment provider for processing.

18.2 Subscription fees are charged in advance via an external credit card payment platform. Should fees be refunded to the User by the credit card company after services have been provided to the user by Find My Holdings (Pty) Limited, then Find My Holdings (Pty) Limited reserve the right to collect any funds owed to us by any legal means.

19. Disputes & Poor Service Prevention

19.1 If you either party are involved in a dispute, we may (in certain circumstances) place a temporary hold on the users account on our platform. If the dispute is not resolved, we may close or terminate the user account at our own discretion should the circumstances warrant such closure.

20. Refunds

20.1 Any request for a refund should be emailed to support@findmysub.co.za with specific reasons why such a refund is requested. Should a refund request be granted, service and admin charges incurred for bank processing fees may be deducted from the amount being refunded.

21. Inactive Accounts

21.1 We reserve the right to close an Inactive Account.

21.2 We reserve the right to close an account with nil or negative funds.

22. Right To Refuse Service and Breach

22.1 We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

• If we determine that you have breached, or are acting in breach of, this User Agreement;
• if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
• if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
• you do not respond to account verification requests;
• you are the subject of a sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
• to manage any risk of loss to us, a User, or any other person; or
• for other similar reasons.

22.2 Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

23. Other Disputes with Users

23.1 You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any services, that you will first attempt to resolve any differences that you have in relation to such services, including in relation to the quality of the services provided.

23.2 If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project we encourage you to contact us.

23.3 You agree that Find My Holdings (Pty) Limited will have full rights and powers to make a determination for all disputes. Upon receipt of a dispute, Find My Holdings (Pty) Limited shall have the right to request the School and the Teacher to provide documentation in support of their claim or position in relation to the dispute. You agree that Find My Holdings (Pty) Limited has absolute discretion to accept or reject any document provided. You also acknowledge that Find My Holdings (Pty) Limited is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Find My Holdings (Pty) Limited and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

23.4 In relation to disputes with any other users of the Website, you hereby agree to indemnify Find My Holdings (Pty) Limited from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.

24. Dispute Resolution Services Code of Conduct

The Find My Holdings (Pty) Limited Code of Conduct applies to all the services offered by Find My Holdings (Pty) Limited. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute.

A User found to be in breach of the Code of Conduct during the Dispute Resolution process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute.

25. Disputes With Us

If a dispute arises between you and Find My Holdings (Pty) Limited, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support@findmysub.co.za.

For any claim, Find My Holdings (Pty) Limited may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If Find My Holdings (Pty) Limited elects’ arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Find My Holdings (Pty) Limited will provide to you.  The ADR provider and the parties must comply with the following findmysub-community-rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Find My Holdings (Pty) Limited must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Find My Holdings (Pty) Limited may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Find My Holdings (Pty) Limited has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Find My Holdings (Pty) Limited will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Find My Holdings (Pty) Limited’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

26. Release

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

27. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Find My Holdings (Pty) Limited Website for any purpose without our express written permission.

Additionally, you agree that you will not:

• Take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
• Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Find My Holdings (Pty) Limited Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Find My Holdings (Pty) Limited and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of the website's, services or tools, or any activities conducted on or with the website's, services or tools; or
• Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

28. Closing Your Account

You may close your Account at any time. Account closure requests may be directed in writing to support@findmysub.co.za.

Account closure is subject to:

• not having any outstanding listings on the Website; and
• resolving any outstanding matters (such as a suspension or restriction on your Account); and
• paying any outstanding fees owing, if applicable.

29. Privacy

We use your information as described in the Find My Holdings (Pty) Limited Privacy Policy. If you object to your information being transferred or used in this way, then you may not use our services.

30. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the findmysub.co.za Website and Find My Holdings (Pty) Limited Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

31. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Find My Holdings (Pty) Limited Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

32. No Insurance or Warranty

We do not offer any form of insurance, or other service protection.

33. No Warranty as To Each User's Purported Identity

Because User identification on the internet is difficult, we cannot and do not confirm each User's purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement, or recommendation by us.

34. No Warranty as To Content on The Website

The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate, or misleading or mislabelled or deceptively labeled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website, and all content on it are provided on an 'as is, 'with all faults' and 'as available basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

• The Website or any Services or Find My Holdings (Pty) Limited Services;
• The accuracy, reliability, availability, veracity, timeliness, or content of the Website or any Teachers or Schools or Services or Find My Holdings (Pty) Limited Services;
• Whether the Website or Teacher or School Services or Find My Holdings (Pty) Limited Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
• Whether defects in the Website will be corrected;
• Whether the Website, the Teacher Services or the Find My Holdings (Pty) Limited or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Teacher or School Services or Find My Holdings (Pty) Limited Services;
• Any third party agreements or any guarantee of business gained by you through the Website, Teacher or School Services or Find My Holdings (Pty) Limited Services or us; or
• The Website, Seller Services or Find My Holdings (Pty) Limited Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

35. Limitation Of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Find My Holdings (Pty) Limited services again or the payment of the cost of having the Find My Holdings (Pty) Limited services supplied again.

36. Jurisdiction Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

37. Bar to Action

We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

38. No Class Actions

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

39. Notices

Legal notices must be served on Find My Holdings (Pty) Limited by email to support@findmysub.co.za (in the case of Find My Holdings (Pty) Limited) or to your email address that you provided to Find My Holdings (Pty) Limited during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given five days after the date of mailing.

Any notices to Find My Holdings (Pty) Limited must be given by registered ordinary post.

40. Law and Forum for Legal Disputes

This Agreement will be governed in all respects by the laws of South Africa . We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Find My Holdings (Pty) Limited irrevocably submit to the non-exclusive jurisdiction of the courts of South Africa.

41. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

42. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

43. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

44. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

45. Additional Terms

It is important to read and understand all our policies as they provide the findmysub-community-rules for trading on the findmysub.co.za website. In addition, there may be specific policies or findmysub-community-rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:

• Privacy Policy
• Code of Conduct
• Dispute Resolution Policy
• ID Verification Policy
• Copyright Infringement Policy
• Fees and Charges

Each of these policies may be changed from time to time. Changes take effect when we post them on the findmysub.co.za website. When using particular services on our website, you are subject to any posted policies or findmysub-community-rules applicable to services you use through the website, which may be posted from time to time. All such policies or findmysub-community-rules are incorporated into this User Agreement.

46. General

Find My Holdings (Pty) Limited may be contacted at P.O. Box 16228, Vlaeberg 8018, South Africa.

This Agreement contains the entire understanding and agreement between you and Find My Holdings (Pty) Limited. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, and Disputes With Us.

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at support@findmysub.co.za.

47. Copyrights & Trademarks (All Regions)

All content and functionality on the site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Find My Holdings (Pty) Limited (South Africa) and is protected by South Africa and international copyright laws. All rights not expressly granted are reserved.

The trademarks, service marks, designs, and logos (collectively, the 'Trademarks') displayed on the site are the registered and unregistered Trademarks of Find My Holdings (Pty) Limited (South Africa) and its licensors. You agree that you will not refer to or attribute any information to Find My Holdings (Pty) Limited (South Africa) or its licensors in any public medium (e.g., press release, web sites) for advertising or promotion purposes, or for informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, or Find My Holdings (Pty) Limited (South Africa) licensors.