Terms and Conditions

Section A: GENERAL TERMS

1. AGREEMENT

Thank you for choosing Business Manager Online offered by Business Manager and/or its subsidiaries and affiliates (referred to as "Business Manager," "we," "our," or "us"). Please carefully review these Terms of Service ("Agreement") before using Business Manager Online. This Agreement is a legal agreement between you and Business Manager. By accessing, installing, or using Business Manager Online, you agree to abide by this Agreement. If you do not agree with the terms of this Agreement, please refrain from using Business Manager Online.

If you are using Business Manager Online on behalf of a company or client, you acknowledge and accept these terms on their behalf, and "you" will refer to your company or client as well.

This Agreement includes the following:

• Business Manager's Privacy Statement

• Additional terms and conditions that may apply from third parties.

• Any specific terms provided to you for the Services, including product or program terms, payment terms, and data processing agreements.

By using our Services, you confirm that:

• You can form a legally binding contract with Business Manager.

• You are eligible to use the Services according to the laws of your jurisdiction.

• You will comply with this Agreement and all applicable laws.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 You are granted a limited, non-exclusive, non-transferable right and license to use Business Manager Online in accordance with the terms outlined in this Agreement. All other rights are reserved by Business Manager.

2.2 You agree not to use the Services in any way that violates laws or this Agreement. Specifically, you will not:

• Provide access to the Services to third parties.

• Reproduce, modify, sell, trade, or distribute the Services.

• Attempt to reverse engineer or disassemble the Services.

• Make the Services available through file-sharing or application hosting services.

3. PAYMENT

For Services that require payment or subscription, additional terms apply. Payments will be processed in the currency specified, plus applicable taxes. You agree to provide accurate payment information and update it as needed. Business Manager may automatically renew subscriptions unless canceled.

4. USE WITH YOUR MOBILE DEVICE

If you use Business Manager Online on a mobile device, you are responsible for any necessary software, updates, and compliance with your mobile provider's terms. Business Manager is not liable for any telecommunications issues.

5. DATA PROCESSING AND PRIVACY

Business Manager processes personal information as described in our Privacy Statement. Your use of Business Manager Online implies your agreement with this data processing.

6. CONTENT AND USE OF THE SERVICES

6.1 You are responsible for all content you upload or transmit using Business Manager Online. Business Manager may use your content as described in this Agreement.

6.2 You agree not to use the Services for illegal, fraudulent, or harmful purposes, including but not limited to impersonation, data breaches, and spamming.

6.3 Community forums and social features may be available. Business Manager is not responsible for user-generated content. Use these features responsibly and do not disclose sensitive information.

7. ADDITIONAL TERMS

7.1 Business Manager does not provide professional advice. Seek professional advice when needed.

7.2 You may be offered additional Business Manager Services. You agree that Business Manager may communicate such offers to you.

7.3 Business Manager may communicate with you via email or by posting on our website.

7.4 You are responsible for password security and accepting updates to the Services.

8. DISCLAIMER OF WARRANTIES

Business Manager provides the Services "as is." Business Manager disclaims all warranties, including fitness for a particular purpose and accuracy of content. Your use of the Services is at your own risk.

9. LIMITATION OF LIABILITY AND INDEMNITY

Business Manager's liability is limited to the amount paid for the Services. Business Manager is not liable for indirect, consequential, or certain other damages. You agree to indemnify Business Manager from any claims arising from your use or breach of this Agreement.

10. CHANGES

Business Manager may modify this Agreement and the Services at any time. Continued use of the Services after modifications indicates your acceptance of the changes.

11. TERMINATION

Business Manager may terminate this Agreement or suspend Services for violation, fraud, security concerns, or other reasons. Sections 2.2, 3 through 15 will survive termination.

12. EXPORT AND TRADE RESTRICTIONS

You acknowledge that Business Manager Online may be subject to export control laws. You agree not to use the Services in violation of applicable laws.

13. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of South Africa. Any dispute will be brought before South African courts.

Section B: Additional Terms and Conditions for the Services

Your use of the Services provided by Business Manager (as defined in the Section A Terms) and described below are subject to the Section A Terms above and these Additional Terms and Conditions (“Section B Terms”). These Section B Terms will prevail over any conflict or inconsistency with the Section A Terms.

1. SERVICES

When you use a Business Manager product or service, you establish a direct relationship with the Business Manager brand, including each product and service in the Business Manager family and the entities offering those services.

The Section B Terms include provisions applicable to your use of Business Manager generally, as well as additional provisions for your use of specific products and services.

The Agreement governs your use of each of the following “Services,” as applicable:

• Business Manager Online. Business Manager Online (“BUSINESS MANAGER”) is an online solution for businesses to perform accounting and business tasks through an online account (each a “BUSINESS MANAGER Account”).

1.1. Modification to Services

We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address.

Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.

2. SUBSCRIPTIONS AND USERS

When you initially register for and create an account for a Service, you are, or a party that you authorize is, the “Administrator.” Administrators may authorize additional users to access the Services through additional accounts, subject to limitations based on the subscription you purchase (such users, “Additional Users”).

All Additional Users will be required to accept the Agreement before accessing the Services. Only Administrators may designate another individual as a replacement administrator, and you are responsible for your Additional Users' access to the Services. Once an Administrator closes or terminates access to a Service, Additional Users will no longer be able to access such Services or any Content (defined in the Section A Terms) within the Service.

If you are an Administrator, you agree to provide sufficient prior notice to your Additional Users of your desire to terminate access to the Services. Any violation of the Agreement by any Additional User may result in the termination of an Administrator’s or other Additional User’s access to the Services. Additional Users may be granted the same level of access or rights as an Administrator.

You warrant that you have obtained all necessary authorizations from each Additional User to: (i) act as their agent in using the Services on their behalf, and you accept all liability arising from their use of the Services; and (ii) allow Business Manager to provide the Services.

2.1 Additional Payment Terms

Users outside of South Africa: Under this Agreement, the payment processing services for goods and/or services purchased on this website are provided by Business Manager on behalf of Appture Pty (Ltd). In the event you choose to pay with a credit card and the payment will be processed via a South African Acquirer, these terms are an agreement between you and Business Manager.

3. TRIAL VERSION AND BETA FEATURES

If you registered for a trial use of the Service ("Trial Period"), you must decide to purchase a license to the Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Services, created within the data file, posted, or uploaded during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the trial period, if you decide not to purchase the license to the full version of the Services, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.

From time to time, Business Manager may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Business Manager is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

4. PERMITTED DISCLOSURES AND USE OF DATA

You acknowledge and agree that in order to provide you with access to and use of the Services, Business Manager may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for your account by following the procedures required by Business Manager to effectuate such replacement.

Any other person You identified as an authorized user of the Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

5. PERSONAL INFORMATION

5.1 When a User uses this Website, and/or completes its information and/or registers as a Registered User of Business Manager, such person irrevocably consents to:

5.1.1 Business Manager using and processing all such information, including but not limited to Personal Information and Special Personal Information (as defined in The Protection of Personal Information Act 4 of 2013 “POPIA”) in order to give effect to these Terms and Conditions

5.1.2 Business Manager sending the User’s information to a third party as may be necessary in order to provide the Services to the User.

5.1.3 Business Manager’s Privacy Policy, as well as any other Appture Pay policy that may be implemented at the sole election of Business Manager, which are to be read as if specifically incorporated into the Terms and Conditions, and which is available on the Website.

6. CANCELLATION AND TERMINATION

6.1 Termination for Convenience

You are solely responsible for properly cancelling your account. You can cancel your account at any time by logging into your BUSINESS MANAGER Account and choosing “Cancel Subscription.” Your cancellation will take effect at the end of the then-current billing period. If you cancel your account and are actively subscribed to any premium services, your account will be downgraded to the free service levels at the end of your current billing period. No refunds will be provided for fees paid for the Services. There will be no proration of any fees paid for a subscription and you must provide thirty (30) days’ notice of cancellation, or such other notice as required by applicable law.

6.2 Termination for Cause

Business Manager may suspend or terminate your BUSINESS MANAGER Account or your use of any Services if it determines, in its sole and absolute discretion, that you are either:

(a) in breach of these Section B Terms, Section A Terms, or any other policies or guidelines incorporated by reference herein, including without limitation the Business Manager Business Manager User Agreement;

(b) using the Services in a manner that would cause a real risk of harm or loss to Business Manager, other users, or the public;

(c) subject to any pending legal proceeding regarding the use of the Services;

(d) engaging in fraudulent or illegal activities; or

(e) violating applicable export control, laws, or regulations.

6.3 Effects of Termination

If your account or access to the Services is terminated for any reason:

(a) you must immediately cease using the Services;

(b) you will continue to be billed for any active Services through the end of the then-current billing period;

(c) all of your Content may be permanently deleted from our systems, unless you request its retrieval within 30 days from the date of termination, in which case we will make the Content available to you for download or transfer for a fee, as set forth in our then-current schedule of fees; and

(d) Business Manager may delete any other content or materials provided by you to Business Manager, including any contact, data, or business information related to your BUSINESS MANAGER Account, as well as any information provided to third parties in connection with or as part of your use of the Services.

7. LIMITATIONS ON LIABILITY

Your use of Business Manager and the Services provided under the Agreement are entirely at your own risk. Except as otherwise provided in the Agreement, the Services are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for a particular purpose. Business Manager’s total liability under the Agreement is limited to the total amount you paid for the Services. Business Manager will not be responsible for any indirect, consequential, special, incidental, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (v) any errors or omissions in any content or information provided by you in connection with the Services; or (vi) your use of the Services or products outside of their intended or stated use.

8. Governing Law

8.1 Business Manager falls under the jurisdiction of South African Law and these Terms and Conditions shall be interpreted and applied in accordance therewith.

8.2 In the event that any provision of these Terms and Conditions is found by any competent court to be defective or unenforceable, the remain clauses of these Terms and Conditions shall continue to be of full force and effect.

8.3 Any dispute in respect of the Terms and Conditions, and/or Privacy Policy, shall be dealt with by arbitration, in Gauteng South Africa, using an arbitrator appointed by the Association of Arbitrators Southern Africa, and their Rules as in place at the time of referral to arbitration.