Terms of Service

Users

 

Thank you for your interest in the StartX Platform (the “Platform”) trademark licensed to StartX (Pty) Ltd (“StartX”). Accordingly, these terms and conditions are between the User and StartX here referred to as “Us” or “StartX”.

The Platform allows investors to independently review and invest in private placement opportunities. In addition, we offer a range of services through our qualified consultants to assist you to develop your business. These Terms of Service govern your access and use of the Platform and all publicly available content, services and/or products provided through the Platform (collectively, the “Services”).

Visitors to the Platform and users of the Services are referred to herein individually as “You” or “User” and collectively as “Users”.

 

Finance Ready and Marketplace Terms and Conditions

You acknowledge that StartX is not a registered broker, investment advisor or crowdfunding portal and does not engage in any conduct that would require such registration. The Services are offered to you subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, any future modifications that may be published from time to time without notice to you or liability for such change on the Platform or otherwise provided to you, and any additional terms and conditions to which you have agreed in connection with specific features, applications, products, or services provided by the Platform or the Services (collectively, the “Terms”).

In order to access certain features of the Services, you will have to create an account and become a registered user of the Services. In connection with registration for the Services, you may be asked to enter a separate agreement with StartX, the terms of which are hereby incorporated into these Terms by reference. If you are entering into these Terms on behalf of an entity or any third-party, such as your employer or a company you work for or control, you represent that you have the legal authority to bind that entity to these Terms.

BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE PLATFORM OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND ALL OTHER POLICIES AND PROCEDURES POSTED ON THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY SUCH AGREEMENTS, THEN YOU MUST IMMEDIATELY CEASE ACCESS, BROWSING OR OTHERWISE USE THE PLATFORM OR THE SERVICES.

Changes To The Terms  

 

Your use of the Platform and the Services is governed by the then-current version of the Terms in effect on the date of such use. StartX may, at its sole discretion, modify the Terms and/or other policies and procedures governing the Service at any time without notice or liability by posting the modified Terms, policies or procedures to the Platform and revising the “Updated” date. Your continued use of the Services after modified Terms have been posted or otherwise provided to you constitutes your agreement to be bound by the then-current Terms.

Authorized User  

BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED. You may access the Platform generally and/or browse generally without registering with the Platform. In order to access certain features of the Platform, including viewing offerings or posting content on the Platform, you must register to create an account and meet certain criteria. You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a user name. StartX reserves the right in its sole discretion to refuse registration of or cancel a User Name. You are solely responsible for maintaining the confidentiality of your password and account.

You agree that your Account will be self-directed and that you are solely responsible for all decisions. Although the Platform may provide data, information or content provided by third-parties or us relating to investment strategies and/or opportunities to buy and/or sell shares, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to invest in any offering posted on the Platform.

Any decision to invest shall be based solely on your own consideration and analysis of the risks involving a particular offering and is made at your own risk.

You acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions, which include the risk of losing the entire amount of your principal.

You agree and acknowledge that you are solely responsible for conducting legal, accounting and other due diligence review on the companies, projects, opportunities, offerings or/any other presentation posted on the Platform. You may use the service providers listed, and we provide no warranties with regard to their services.

You are strongly advised to consult a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice as the Platform does not provide any of the foregoing advice or recommendations or provide any due diligence.

Prohibited Conduct  

 

You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, regulations and rules and any applicable foreign laws.

Eligible Investor  

Before you can invest in any offerings on the Platform, you must register with the Platform and qualify as an Eligible Investor as per our registration process. However, it is your responsibility to satisfy yourself that an investment through StartX complies with and is permitted under the laws of your jurisdiction. This includes complying with any governmental or regulatory requirements or other applicable formalities.

Entrepreneur listing Idea

If you are an entprepreneur uploading your idea onto the StartX Platform, we will at our sole discretion approve the idea for transmission onto our Marketplace. Once uploaded on the marketplace, all ideas are visible to prospective investors. You may engage directly with the investors and any such engagement shall be solevely at your risk. We recommend that you obtain processional advise on any offers that are made for the acquisition of equity or provision of funding for your business.

StartX is merely a marketplace and does not take any accountability for investment sought.

You will be charged a listing fee for the purpose of listing your idea on the marketplace of US$50.00 for a period of 6 months. This fee shall be payable directly to StartX into its indicated bank account.

Fees

Should any transactions be concluded by way of the marketplace, you will be liable to StartX for a success fee calculated at 3% of the transaction value which shall be payable directly by the investor to StartX.

Intellectual Property and Confidentiality

The content, structure, layout, design and specifications of this Platform and any accompanying documentation relating to StartX are owned by StartX (“Proprietary Information”)and protected by copyright and other intellectual property laws.

You agree to protect the Proprietory Information by using the same standard of care used to safeguard your own information of a confidential or proprietary nature (but no less than a reasonable standard of care) and taking all reasonable steps to prevent any unauthorised disclosure of such Proprietory Information.

 

You may disclose the Proprietory Information only to those of your representatives, officers and employees who are required, in the course of their duties, to receive and acquire the Proprietory Information for the Purpose, and only where such representatives, officers and employees are bound by obligations of confidentiality to you that are no less onerous than those set out in this Agreement and such representatives, officers and employees are first made aware of the other terms of this Agreement or agree, in writing, to be bound by the terms and conditions of this Agreement prior to such disclosure.  You shall take action to enforce the obligations of confidentiality binding such representatives, officers and employees where applicable.  You shall procure that any persons who may have the opportunity of receiving or having access to any of the Proprietory Information are aware of the provisions of this Agreement and agree in writing to comply herewith as if they were a party to this Agreement.

 

 

You agree –

 

  1. not to disclose the Proprietory Information to any third party for any reason save for the purpose of using the Services on the Platform (“the Purpose”) ;

 

  1. not to utilize, employ, exploit or any other manner whatsoever use the Proprietory Information disclosed pursuant to the provisions of this Agreement for any purpose whatsoever other than strictly in relation to the Purpose;

 

  1. not, make any notes, sketches, drawings, photographs or copies of any kind of any part of the Proprietory Information;

 

  1. not authorize any third party to act on or use in any way the Proprietory Information (whether or not such third party is aware of such Proprietory Information), and shall promptly notify us if you become aware of any third party so acting, and (without prejudice to any of his/her/its other obligations) shall provide us with such assistance as we may reasonably require, at our cost and expense, to prevent such third party from so acting;

 

  1. not perform decompilation, disassembly or reverse engineering of any composition, compilation, concept, application, item, component, including software or hardware, choreography, music, sound or video recordings, literary or artistic works, disclosed hereunder or otherwise determine their composition or structure or cause or permit these tasks to be carried out;

 

  1. without limiting the foregoing, exercise no less care to safeguard the Proprietory Information acquired from us than you exercise in safeguarding its own competitive, sensitive or Proprietory Information.

 

You acknowledge that the unauthorised or unlawful use or disclosure of the Proprietory Information may cause irreparable loss, harm and damage to us.  Accordingly, you indemnifiy and hold us harmless against any loss, action, expense, claim, harm or damage, of whatsoever nature, suffered or sustained by us pursuant to a breach by you or any of its representatives, officers or employees to whom disclosure is made in terms of this Agreement of the provisions of this Agreement.

 

You acknowledge that monetary damages may not be a sufficient remedy for unauthorised or unlawful use or disclosure of the Proprietory Information and that you shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

 

You shall be responsible for any breach of the terms of this Agreement by any persons (including its representatives, officers and employees) to whom it discloses Proprietory Information, and shall, at your sole expense, take all reasonable measures to restrain such persons from prohibited or unauthorised use or disclosure of the Proprietory Information.

 

You undertake that neither you, nor any person associated with it, shall directly nor indirectly, whether for your own benefit, or for the benefit of anyone else, interfere with or infringe upon, circumvent or attempt to circumvent, avoid, by-pass or obviate the interests or statutory rights, or applications in respect thereof, of us; or the interest or relationship between us and clients, producers, sellers, suppliers, buyers, brokers, dealers, distributors, financial institutions, technology owners, developers or any other parties; or assist any third parties in doing so.

 

 

 

 

 

 

 

 

 

 

 

Termination  

 

StartX may terminate these Terms and your right to use the Services at any time and for any reason without notice. Upon termination or expiration of these Terms, StartX may remove and discard any StartX Materials or User Content, and such materials and content may no longer be accessible by you. StartX will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that StartX will not be liable to you or any third party for any such termination except as described in these Terms. Upon termination or expiration of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.

No Endorsement

The investments offered on the Platform are only suitable for investors who are familiar with and willing to accept the high risks associated with private investments, including the risk of complete loss of your investment. Investments sold through private placements are not publicly traded and, therefore, are illiquid. Investing in private placements requires high risk tolerance, low liquidity need, and long-term commitments. Users must be able to afford to lose their entire investment. Investment products are not insured, may lose value, and there is no bank guarantee. None of the information contained on the Platform or provided through the Services constitutes a recommendation, solicitation or offer by StartX, its affiliates or third-parties to buy or sell any shares or other assets or provide any investment advice or service. All information contained in the Services has been prepared without reference to any particular User’s investment requirements or financial situation. The Services are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory or self-regulatory organization or clearing organization, or where StartX is not authorized to provide such information or services. Some Services may not be available in all jurisdictions or to all clients. The Services and all content, services and features available through the Services are intended for informational purposes only. They are not intended to substitute for professional investment, financial or legal advice. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON STARTX OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, OR EMPLOYEES IN MAKING AN INVESTMENT DECISION. ALWAYS CONSIDER SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE MAKING DECISIONS REGARDING YOUR BUSINESS AND/OR INVESTMENTS. STARTX DOES NOT ENDORSE ANY INVESTMENTS AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT STARTX  AND ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, OR EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS. Featuring of or posting on the Platform of any OFFERING does not constitute endorsement by StartX or representation of the quality of any potential investment in such offering. StartX does not endorse any Lister or any underlying assets. No governmental agency has reviewed the offerings posted on this Platform. We strongly advise you to consult a legal, tax and financial professional before investing, and carefully review all the specific risk disclosures provided as part of any offering materials AND ASK THE LISTER or SPONSOR ANY QUESTIONS YOU MAY HAVE OR REQUEST ADDITIONAL INFORMATION. StartX takes no part in the negotiation or execution of transactions for the purchase or sale of shares, and at no time has possession of or access to funds or investments. StartX cannot guarantee that Listers posting offerings on the Platform will use the proceeds of any offering in accordance with the stated purpose.

No Warranties  

THE SERVICES, THE PLATFORM, THE STARTX MATERIALS, USER CONTENT, AND ANY OTHER INFORMATION AND MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM OR THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WHEN AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STARTX DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPLIANCE WITH LAWS, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE FOREGOING, STARTX MAKES NO REPRESENTATION OR WARRANTY (A) WITH RESPECT TO THE MERITS AND RISKS OF ANY TRANSACTIONS MADE BY OR THROUGH THE PLATFORM OR THE SERVICES, OR (B) THAT USE OF THE SERVICES AND PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. To the maximum extent permissible under law, StartX assumes no liability or responsibility for any errors or omissions in the content of the Platform. StartX does not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Platform, and has not performed any investigation into such information. StartX shall not be liable for any investment decisions made based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Platform is at your sole risk. StartX is entitled to rely upon the information provided by its Users. Each issuer, and not the Platform, is responsible for ensuring that any securities offering is done in accordance with the relevant legal jurisdiction. We make no representation or warranties regarding the legality or compliance of any offering. StartX has not reviewed all of the links provided on the Platform and is not responsible for the content of any off-platform pages. Clicking on hyperlinks and visiting any off-platform pages is solely done at your own risk. All representations and warranties made by a Portfolio Company to an issuer pursuant to the securities offering are hereby incorporated by reference.

Indemnification  

To the fullest extent permissible by law, you agree to defend, indemnify, and hold StartX  and its directors, officers, employees, and agents harmless from any claim, demand, loss, damage, liability, or expense, including attorney fees and costs, however incurred, including those incurred at trial, in any liquidation proceeding, on appeal, and on any petition for review (collective, “Damages”) to the extent that Damages result directly or indirectly from your use of the Services or the Platform.  StartX reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with StartX  in the defence of any such claim, action, settlement or compromise negotiations, as requested by StartX.

 

Limitation of Liability and Damages  

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL STARTX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR THE PLATFORM, EVEN IF STARTX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT STARTX HAS OFFERED ITS SERVICES AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND STARTX, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND STARTX. STARTX WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. StartX assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform. We do not, and cannot, guarantee that any Investor is actually an Accredited Investor (as defined above).

Choice Of Law  

The Terms and your use of the Services shall be governed by and construed and enforced in accordance with the laws of South Africa. Any dispute in respect hereof shall be heard by the Courts in South Africa.

Third-Party Sites  

This a may contain links to third party Platforms (“Third-Party Sites”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by StartX of any information, materials, products, or services contained in or accessible through any Third-Party Site. In no event shall StartX be responsible for the information contained on any.

Entire Agreement  

The Terms (including the documents and instruments referred to in the Terms) constitute the entire agreement and understanding of the parties with respect to the subject matter of the Terms, and supersede all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

 

Privacy Policy

This Personal Data Protection Policy sets out the principles and guidelines for the protection of personal data, as defined below, for visitors and users of the Platform, collected via the Platform. The concept of personal data means any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements of its own.

What Personal Information Do We Collect And Use?

The type of Personal Information we collect and process depends on our relationship with you and the context in which we obtain and use it. The list below sets out the Personal Information we will or may collect depending on the circumstances.

Personal Information We May Collect:

  1. Your full name, title, address and contact details;
  2. Information to enable us to check and verify your identity, e.g. your date of birth, Identity number, personal tax, number residential address;
  3. Electronic contact details, e.g. your email address, mobile phone number;
  4. Information necessary in relation to the provision of our  services;
  5. Information about your use of our IT, communication and other systems, and other monitoring information, e.g. if you use our secure online client portals or leave a voicemail message.

How Personal Information Is Collected And Your Responsibilities

We may collect Personal Information from you in person, via telephone or email communication from your initial inquiry about our Services and ongoing throughout the provision of our Services. This may also include via our Platform and secure portal.

Third parties may pass Personal Information to us to use in the course of providing our Services in which case they will have your consent to do so

 

Visitors To Our Platform

We use Google Analytics to collect statistical information about the number of visitors to our Platform. This information includes pages visited and content searched. Further information can be obtained from the Google Privacy Policy. We use this information to maintain and improve our Platform and the services we provide and to analyse and understand what is of interest to our Platform visitors, so we can improve and tailor the content and this data will not directly or indirectly reveal your identity. We use technology to track the patterns of behaviour of visitors to our Platform. This can include using a ‘cookie’ which would be stored on your browser or the hard drive of your computing device.

How We Use Personal Information

In general terms we will collect Personal Information to provide you with our services, manage our relationship with you and to comply with our legal or regulatory obligations.

Who We  Share Your Personal Information With

We will only share your information with external service suppliers, representatives and agents that we use to make our business more efficient.

We only allow our service providers to handle your Personal Information if we are satisfied they take appropriate measures to protect your Personal Information. We also impose contractual obligations on service providers to ensure they can only use your Personal Information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

Where Your Personal Information Is  Held

We store your Personal Information in secure data centres provided by external service providers. These service providers may have data centres in different parts of the world. Keeping information secure is a key part of data protection compliance. We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know and they are subject to a duty of confidentiality.

Your Rights With Respect To Your Personal Information

You are entitled at any time to ask us for a copy of Personal Information we hold about you, known as a data subject access request. You are also entitled to ask that any information we hold about you is supplemented, updated or rectified. You can exercise this right by contacting us at the following address: support@thestartx.com

Cookies And Tracking Technologies

Technologies such as cookies, beacons, tags and scripts are used by StartX and our partners, including marketing partners’ affiliates, or analytics service providers and business process service providers. These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to store information about your preferences and allow us to customize our site according to your individual interests; to speed up your searches; and to recognize you when you return to our site.

Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

You accept this Privacy Policy, including verification of your identity with third parties, when you sign up for access or use our products, services, content, features, technologies or functions offered on our Platform and all related sites, applications, and services.

 

 

Detailed Description Of Services  

StartX is a international marketplace for investments into companies and assets.

We provide a digital platform on which investment companies can list and promote their deals, and through which international investors can find out information on these deals and invest if they so choose.

StartX itself does not list or offer any investment deals, rather we provide a digital platform for others to list their offerings.

StartX does not offer financial, tax or investment advice.

 

 

Fees  

Fees may be charged to either or  both of the Investors or Lister’s based on the particular circumstances of each deal. All fees charged to Investors will be clearly displayed on each deal’s information page.

Fees may vary based on the nature of the deal.

Additional fees are charged in respect of the consultants providing their services by means of the site. All fees are payable upfront by way of using the payment gateway on the portal. Stricly no refunds are payable in respect of any fees paid.

By signing up to be a member on the StartX platform, and accepting these terms and conditions, investors and Listers are authorising StartX to deduct the Fees as they are displayed to the investor at the start of any investment.

 

Non-Circumvention

 

By signing up to be a member of the StartX Platform you undertake not to approach any of the companies listed herein directly other than by way of the Platform. If you do make direct contact and StartX is informed thereof, you will still be responsible for the fees herein and may be held liable for damages based on your circumvention.

 

Exclusivity

 

If you have registered on the StartX platform to seek investment, you hereby irrevocably undertake and warrant to StartX that whilst you are registered on the platform you shall not directly or indirectly enter into negotiations or conclude any agreement with any third party (whether in your own name or for and on behalf of a third party) for the purpose of raising funding in respect of the transaction uploaded on the StartX platform other than by way of the StartX platform.

 

Confidentiality

 

This Confidentiality Agreement (the “Agreement“), effective as of the date of your acceptance by clicking the appropriate button below (the “Effective Date“), is by and between you (the “Recipient“) and StartX (Pty) Ltd.

WHEREAS, in connection with Recipient’s consideration of a possible transaction (the “Transaction“) relating to certain investment opportunities presented by StartX or its affiliates (the “Disclosing Party” and such investment opportunities, the “Investment Opportunities“), the Disclosing Party has provided certain information which is non-public, confidential, or proprietary in nature; and

WHEREAS, the Disclosing Party wishes to protect and preserve the confidentiality of such information.

NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. For purposes of this Agreement, the following terms have the following meanings:
    1. Evaluation Material” means all information, data, documents, agreements, files and other materials, whether disclosed orally or disclosed or stored in written, electronic or other form or media, which is obtained from or disclosed by the Disclosing Party or its Representatives before or after the date hereof regarding the Investment Opportunities and the Transaction, including, without limitation, proprietary analysis regarding the Investment Opportunities, and information and documentation relating to the Transaction and the operation of the Disclosing Party’s business platform. The term “Evaluation Material” as used herein does not include information that: (i) at the time of disclosure or thereafter is generally available to and known by the public (other than as a result of its disclosure directly or indirectly by the Recipient or its Representatives in violation of this Agreement); (ii) was available to the Recipient from a source other than the Disclosing Party or its Representatives; or (iii) has been independently acquired or developed by the Recipient without violating any of its obligations under this Agreement.
    2. Person” means any individual, partnership (whether general or limited), limited liability company, corporation, association, trust, members of joint venture entities or other entity.
    3. Representatives” means, as to any Person, such Person’s affiliates, and its and their respective directors, officers, employees, managing members, general partners, agents and consultants (including attorneys, financial advisors and accountants).

Other terms not specifically defined in this Section 1 shall have the meanings given them elsewhere in this Agreement.

  1. The Recipient shall keep the Evaluation Material strictly confidential and shall not use the Evaluation Material for any purpose other than to evaluate, negotiate and consummate the Transaction. The Recipient shall not disclose or permit its Representatives to disclose any Evaluation Material except: (a) if required by law, regulation or legal or regulatory process, but only in accordance with Section 5, or (b) to its Representatives, to the extent necessary to permit such Representatives to assist the Recipient in evaluating, negotiating and consummating the Transaction; provided, that the Recipient shall require each such Representative to be bound by the terms of this Agreement to the same extent as if they were parties hereto and the Recipient shall be responsible for any breach of this Agreement by any of its Representatives.
  2. Except for such disclosure as is necessary not to be in violation of any applicable law, regulation, order or other similar requirement of any governmental, regulatory or supervisory authority, the Recipient shall not, and shall not permit any of its Representatives to, without the prior written consent of the Disclosing Party, disclose to any person the existence or contents of this Agreement.
  3. The Recipient understands and agrees that none of the Disclosing Party, the Company or any of their respective Representatives: (a) have made or make any representation or warranty hereunder, expressed or implied, as to the accuracy or completeness of the Evaluation Material or (b) shall have any liability hereunder to the Recipient or its Representatives relating to or resulting from the use of the Evaluation Material or any errors therein or omissions therefrom. The parties agree that unless and until a definitive agreement between the Disclosing Party and Recipient has been executed and delivered with respect to the Transaction, the Disclosing Party will not be under any legal obligation of any kind whatsoever with respect to the Transaction, including any obligation to (i) consummate a Transaction, (ii) conduct or continue discussions or negotiations or (iii) enter into or negotiate a definitive agreement. The Disclosing Party reserves the right, in its sole discretion, to reject any and all proposals made by the Recipient or on its behalf with regard to the Transaction, to terminate discussions and negotiations with the Recipient at any time and to enter into any agreement with any other Person without notice to the Recipient or any of its Representatives, at any time and for any reason or no reason.
  4. If the Recipient or any of its Representatives is required to disclose any Evaluation Material, by law, regulation or legal or regulatory process, the Recipient shall take all reasonable steps to preserve the privileged nature and confidentiality of the Evaluation Material, including requesting that the Evaluation Material not be disclosed to non-parties or the public.
  5. At any time upon the Disclosing Party’s written request, the Recipient shall promptly, and in any event no later than ten days after the request, return all Evaluation Material (including all copies, extracts or other reproductions) to the Disclosing Party or certify in writing to the Disclosing Party that such Evaluation Material (including any Evaluation Material held electronically) has been destroyed. Notwithstanding the return or destruction of Evaluation Material, the Recipient and its Representatives shall continue to be bound by their obligations of confidentiality and other obligations hereunder.
  6. To the extent that any Evaluation Material includes materials subject to the attorney-client privilege, the Disclosing Party is not waiving, and shall not be deemed to have waived or diminished, its attorney work-product protections, attorney-client privileges or similar protections and privileges as a result of disclosing any Evaluation Material (including Evaluation Material related to pending or threatened litigation) to the Recipient or any of its Representatives.
  7. This Agreement shall continue for a period of five years after the Effective Date.
  8. This Agreement shall be governed by the laws of South Africa.
  9. This Agreement sets forth the entire agreement regarding the Evaluation Material, and supersedes all prior negotiations, understandings and agreements. No provision of this Agreement may be modified, waived or changed except by a writing signed by the parties hereto.
  10. If any provision of this Agreement, or the application thereof to any Person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provision as applied to other Persons, places or circumstances shall remain in full force and effect.
  11. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by any party without the prior written consent of the non-assigning party. Any purported assignment without such consent shall be void and unenforceable.

 

 

 

 

Terms Of Services for Advisors

 

Thank you for your interest in the StartX Platform (the “Platform”) and trademark licensed to StartX (Pty) Ltd (“StartX”), registered in South Africa in accordance with the company laws of South Africa. Accordingly, the terms and services are concluded between you and StartX. Herein, StartX shall be referred to as “us” or “StartX”.

The Platform is an application that facilitates the registration of business consultants for the purpose of providing services directly to clients via booking through the Platform (collectively, the “Services”).

Visitors to the Platform and users of the Services are referred to herein individually as “You”, the “User” and collectively as “Users”.

You acknowledge that StartX is not a labour broker, nor your employer and does not engage in any conduct that would require such registration. The Services are offered to you subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, any future modifications that may be published from time to time without notice to you or liability for such change on the Platform or otherwise provided to you, and any additional terms and conditions to which you have agreed in connection with specific features, applications, products, or services provided by the Platform or the Services (collectively, the “Terms”).

In order to access certain features of the Services, you will have to create an account and become a registered Advisor.

BY REGISTERING AS AN ADVISOR ON THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND ALL OTHER POLICIES AND PROCEDURES POSTED ON THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY SUCH AGREEMENTS, THEN YOU MUST IMMEDIATELY CEASE ACCESS, BROWSING OR OTHERWISE USE THE PLATFORM OR THE SERVICES.

Changes To The Terms  

 

Your use of the Platform and the Services is governed by the then-current version of the Terms in effect on the date of such use. We may, at out sole discretion, modify the Terms and/or other policies and procedures governing the Service at any time without notice or liability by posting the modified Terms, policies or procedures to the Platform and revising the “Updated” date. Your continued use of the Services after modified Terms have been posted or otherwise provided to you constitutes your agreement to be bound by the then-current Terms.

Authorized User  

BY REGISTERING AS AN ADVISOR, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED and are authorized to act in the capacity that you are registering as an advisor. You warrant that you hold the necessary qualifications and membership to provide the services that you are offering. You may access the Platform generally and/or browse generally without registering with the Platform. In order to access certain features of the Platform, including viewing securities offerings or posting content on the Platform, you must register to create an account and meet certain criteria. You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a user name. StartX reserves the right in its sole discretion to refuse registration of or cancel a User Name. You are solely responsible for maintaining the confidentiality of your password and account.

You agree that your Account will be self-directed and that you are solely responsible for managing your client sessions.

Any advice that you provide shall be based solely on your own consideration and analysis of the risks involving a particular service offering and is made at your own risk.  You are solely responsible for the advice that you give a client.

You acknowledge and agree that you are solely responsible for determining the suitability of any such option to provide your services and accept the risks associated with such decision.

Process

 

You shall act in the best interests of StartX and shall at all times act in good faith towards StartX. In this regard, you agree to abide by the code of conduct of StartX as published on its website and updated from time to time.

 

You undertake that you have submitted the compliance documentation via the platform and warrant the authenticity thereof.

 

You give StartX permission to confirm with any body or board, the veracity of the information submitted by you including the right to perform a credit check.

 

You shall provide the Services in accordance with industry best practices and shall at all times act professionally and lawfully. You shall ensure that you abide by all laws and regulations and do not provide advice which you may not be authorised to provide.

 

You are solely responsible for determining the methods, details and means of the provision of the Services, provided that StartX may from time issue templates and guidelines according to which the Services shall be provided.

 

 

 

 

You shall not be entitled to bind StartX in respect of any Agreement or payment obligation. Accordingly, you are responsible for all expenses incurred during the performance of your Services, unless StartX has provided its prior written authorisation in respect of such expense/s.

 

Fees

 

You shall bill clients on the platform at the rates set out on the platform.

 

StartX shall pay you the fees that it has billed via the platform, less 25% (twenty five percent) commission plus bank charges which shall accrue to StartX.

 

StartX shall only make payment in respect of fees actually collected via the platform in respect of the Services rendered by you and provided that no charge backs are claimed by you.

 

All amounts shall be paid on the 7 (seventh) day of the month immediately succeeding the month in which the services were rendered against receipt of an invoice generated by you. The invoice shall be in accordance with the billing information submitted by StartX to you evidencing the fees generated.

 

You are appointed as an independent contractor and shall not act as an employee of StartX. Accordingly, you shall be responsible for your own taxation of all amounts received in terms hereof.

 

Prohibited Conduct  

 

You agree that you are responsible for your own conduct while providing the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, regulations and rules and any applicable foreign laws.

In no event shall StartX be liable to you or any other party for any direct, indirect, incidental, special or consequential damages, or damages for lost of profit or business however caused or under any theory of liability, whether based in contract or delict (including negligence) or any other theory of liability, regardless of whether StartX was advised of the possibility and notwithstanding the failure of essential purpose of any limited remedy.

 

Intellectual Property and Copyright Notice  

The user acknowledges that all intellectual property rights in and to the content, structure, layout, design and specifications of this Platform and any accompanying documentation relating to StartX constitute Proprietary Information (“the Proprietary Information”) are owned by us and protected by copyright and other intellectual property laws.

You agree to protect the Proprietory Information by using the same standard of care used to safeguard your own information of a confidential or proprietary nature (but no less than a reasonable standard of care) and taking all reasonable steps to prevent any unauthorised disclosure of such Proprietory Information.

 

You may disclose the Proprietory Information only to those of your representatives, officers and employees who are required, in the course of their duties, to receive and acquire the Proprietory Information for the Purpose, and only where such representatives, officers and employees are bound by obligations of confidentiality to you that are no less onerous than those set out in this Agreement and such representatives, officers and employees are first made aware of the other terms of this Agreement or agree, in writing, to be bound by the terms and conditions of this Agreement prior to such disclosure.  You shall take action to enforce the obligations of confidentiality binding such representatives, officers and employees where applicable.  You shall procure that any persons who may have the opportunity of receiving or having access to any of the Proprietory Information are aware of the provisions of this Agreement and agree in writing to comply herewith as if they were a party to this Agreement.

 

You agree –

 

not to disclose the Proprietory Information to any third party for any reason save for the purpose of using the Services on the Platform (“the Purpose”);

 

not to utilize, employ, exploit or any other manner whatsoever use the Proprietory Information disclosed pursuant to the provisions of this Agreement for any purpose whatsoever other than strictly in relation to the Purpose;

 

not, make any notes, sketches, drawings, photographs or copies of any kind of any part of the Proprietory Information;

 

not authorize any third party to act on or use in any way the Proprietory Information (whether or not such third party is aware of such Proprietory Information), and shall promptly notify us if you become aware of any third party so acting, and (without prejudice to any of his/her/its other obligations) shall provide us with such assistance as we may reasonably require, at our cost and expense, to prevent such third party from so acting;

 

not perform decompile, disassemble or reverse engineer of any composition, compilation, concept, application, item, component, including software or hardware, choreography, music, sound or video recordings, literary or artistic works, disclosed hereunder or otherwise determine their composition or structure or cause or permit these tasks to be carried out;

 

without limiting the foregoing, exercise no less care to safeguard the Proprietory Information acquired from us than you exercise in safeguarding its own competitive, sensitive or Proprietory Information.

 

You undertake not to circumvent the platform and in this regard agree that you shall not-

 

solicit or influence any of StartX’s consultants, clients, licensors, licensees or customers or discourage them from acquiring StartX’s services or solicit, influence or attempt to influence any consultant, client, licensor, licensee, customer or other person either directly or indirectly, to acquire services from any person, firm, corporation, institution or other entity in competition with StartX’s business;

 

engage in business that directly competes with the activities of StartX, other than conducting their personal consulting activities; and

 

provide services to any StartX client other than by way of the platform. Should the Consultant derive any fees from any StartX client for any reason whatsoever, then StartX shall be entitled to receive payment of an amount of 25% (twenty five) percent of all fees earned by the Consultant from the client of StartX.

 

You acknowledge that the unauthorised or unlawful use or disclosure of the Proprietory Information may cause irreparable loss, harm and damage to us.  Accordingly, you indemnifiy and hold us harmless against any loss, action, expense, claim, harm or damage, of whatsoever nature, suffered or sustained by us pursuant to a breach by you or any of its representatives, officers or employees to whom disclosure is made in terms of this Agreement of the provisions of this Agreement.

 

You acknowledge that monetary damages may not be a sufficient remedy for unauthorised or unlawful use or disclosure of the Proprietory Information and that we shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

 

You shall be responsible for any breach of the terms of this Agreement by any persons (including its representatives, officers and employees) to whom it discloses Proprietory Information, and shall, at your sole expense, take all reasonable measures to restrain such persons from prohibited or unauthorised use or disclosure of the Proprietory Information.

 

You undertake that neither you, nor any person associated with you, shall directly nor indirectly, whether for your own benefit, or for the benefit of anyone else, interfere with or infringe upon, circumvent or attempt to circumvent, avoid, by-pass or obviate the interests or statutory rights, or applications in respect thereof, of us; or the interest or relationship between us and clients, producers, sellers, suppliers, buyers, brokers, dealers, distributors, financial institutions, technology owners, developers or any other parties; or assist any third parties in doing so.

 

User Content  

You and other users may submit, post, transmit and share comments or materials on or through the Platform (“User Content“). You are solely responsible for User Content that you post, transmit, or share on or through the Platform, as well as for any actions taken by StartX or other Users as a result of your User Content. You agree and understand that you may be exposed to User Content posted by others that is inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that we make no representations or warranties regarding User Content and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to User Content. You hereby waive any legal rights or remedies you have or may have against StartX with respect to User Content posted by you or others. StartX has no obligation to monitor, review, control, or guarantee the accuracy or confidentiality of User Content. However, we  reserves the right at all times (but will not have an obligation) to remove or edit any User Content in its sole discretion, with or without notice.

 

Termination  

StartX may terminate these Terms and your right to use the Services at any time and for any reason without notice. Upon termination or expiration of these Terms, we may remove and discard any StartX Materials or User Content, and such materials and content may no longer be accessible by you. We will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that StartX will not be liable to you or any third party for any such termination except as described in these Terms. Upon termination or expiration of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.

No Warranties  

THE SERVICES, THE PLATFORM, THE STARTX MATERIALS, USER CONTENT, AND ANY OTHER INFORMATION AND MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM OR THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WHEN AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STARTX DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPLIANCE WITH LAWS, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE FOREGOING, STARTX MAKES NO REPRESENTATION OR WARRANTY (A) WITH RESPECT TO THE MERITS AND RISKS OF ANY TRANSACTIONS MADE BY OR THROUGH THE PLATFORM OR THE SERVICES, OR (B) THAT USE OF THE SERVICES AND PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. To the maximum extent permissible under law, StartX assumes no liability or responsibility for any errors or omissions in the content of the Platform. StartX does not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Platform, and has not performed any investigation into such information. StartX shall not be liable for any decisions made based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Platform is at your sole risk. StartX is entitled to rely upon the information provided by its Users. Each User, and not the Platform, is responsible for ensuring that any offering is done in accordance with the relevant legal jurisdiction. We make no representation or warranties regarding the legality or compliance of any offering.

Indemnification  

To the fullest extent permissible by law, you agree to defend, indemnify, and hold StartX  and its directors, officers, employees, and agents harmless from any claim, demand, loss, damage, liability, or expense, including attorney fees and costs, however incurred, including those incurred at trial, in any liquidation proceeding, on appeal, and on any petition for review (collective, “Damages”) to the extent that Damages result directly or indirectly from your use of the Services, provision of advisory services or the use of the Platform.  StartX reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with StartX  in the defence of any such claim, action, settlement or compromise negotiations, as requested by StartX.

Limitation of Liability and Damages  

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL STARTX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR THE PLATFORM, EVEN IF STARTX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT STARTX HAS OFFERED ITS SERVICES AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND STARTX, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND STARTX. STARTX WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. StartX assumes no responsibility for, and shall not be liable for, any damages to your property or any resources as a result of making same available to Users on the Platform.

Choice Of Law  

The Terms and your use of the Services shall be governed by and construed and enforced in accordance with the laws of South Africa. Any dispute in respect hereof shall be heard by the Courts in South Africa.

 

Third-Party Sites  

This a may contain links to third party Platforms (“Third-Party Sites”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by StartX of any information, materials, products, or services contained in or accessible through any Third-Party Site. In no event shall StartX be responsible for the information contained on any.

Entire Agreement  

The Terms (including the documents and instruments referred to in the Terms) constitute the entire agreement and understanding of the parties with respect to the subject matter of the Terms, and supersede all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

Privacy Policy

This Personal Data Protection Policy sets out the principles and guidelines for the protection of personal data, as defined below, for visitors and users of the Platform, collected via the Platform. The concept of personal data means any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements of its own.

What Personal Information Do We Collect And Use?

The type of Personal Information we collect and process depends on our relationship with you and the context in which we obtain and use it. The list below sets out the Personal Information we will or may collect depending on the circumstances.

Personal Information We May Collect:

  1. Your full name, title, address and contact details;
  2. Information to enable us to check and verify your identity, e.g. your date of birth, Identity number, personal tax, number residential address;
  3. Electronic contact details, e.g. your email address, mobile phone number;
  4. Information necessary in relation to the provision of our  services;
  5. Information about your use of our IT, communication and other systems, and other monitoring information, e.g. if you use our secure online client portals or leave a voicemail message.

How Personal Information Is Collected And Your Responsibilities

We may collect Personal Information from you in person, via telephone or email communication from your initial inquiry about our Services and ongoing throughout the provision of our Services. This may also include via our Platform and secure portal.

Third parties may pass Personal Information to us to use in the course of providing our Services in which case they will have your consent to do so

Visitors To Our Platform  

We use Google Analytics to collect statistical information about the number of visitors to our Platform. This information includes pages visited and content searched. Further information can be obtained from the Google Privacy Policy. We use this information to maintain and improve our Platform and the services we provide and to analyse and understand what is of interest to our Platform visitors, so we can improve and tailor the content and this data will not directly or indirectly reveal your identity. We use technology to track the patterns of behaviour of visitors to our Platform. This can include using a ‘cookie’ which would be stored on your browser or the hard drive of your computing device.

How We Use Personal Information

In general terms we will collect Personal Information to provide you with our services, manage our relationship with you and to comply with our legal or regulatory obligations.

Who We  Share Your Personal Information With

We will only share your information with external service suppliers, representatives and agents that we use to make our business more efficient.

We only allow our service providers to handle your Personal Information if we are satisfied they take appropriate measures to protect your Personal Information. We also impose contractual obligations on service providers to ensure they can only use your Personal Information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

Where Your Personal Information Is  Held

We store your Personal Information in secure data centres provided by external service providers. These service providers may have data centres in different parts of the world. Keeping information secure is a key part of data protection compliance. We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know and they are subject to a duty of confidentiality.

Your Rights With Respect To Your Personal Information

You are entitled at any time to ask us for a copy of Personal Information we hold about you, known as a data subject access request. You are also entitled to ask that any information we hold about you is supplemented, updated or rectified. You can exercise this right by contacting us at the following address: support@thestartx.com

Cookies And Tracking Technologies

Technologies such as cookies, beacons, tags and scripts are used by StartX and our partners, including marketing partners’ affiliates, or analytics service providers and business process service providers. These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to store information about your preferences and allow us to customize our site according to your individual interests; to speed up your searches; and to recognize you when you return to our site.

Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

You accept this Privacy Policy, including verification of your identity with third parties, when you sign up for access or use our products, services, content, features, technologies or functions offered on our Platform and all related sites, applications, and services.

 

Fees & Payments

 

All fees shall be payable via the payment gateway on the portal in respect of the Services. Please note that once the services have been booked and payment has been made, no refunds are permitted on the basis that this constitutes the reasonable damages suffered by StartX and the party listing the space.

Detailed Description Of Services  

StartX is a international marketplace for service providers seeking access to space and resources to perform their services. In turn, it provides business owners with an opportunity to generate additional revenue by making such space and resources available to Users on the Platform.

We provide a digital platform on which businsess owners can list and promote space available, and through which international service providers can find out information on these.

StartX itself does not list or offer any resources or space, rather we provide a digital platform for others to list their offerings.

StartX does not offer financial, tax or investment advice.

 

 

 

Non-Circumvention

 

By signing up to be a member of the StartX Platform you undertake not to approach any of the companies listed herein directly other than by way of the Platform. If you do make direct contact and StartX is informed thereof, you will still be responsible for the fees herein and may be held liable for damages based on your circumvention.

 

Exclusivity

 

If you have registered on the StartX platform to seek investment, you hereby irrevocably undertake and warrant to StartX that whilst you are registered on the platform you shall not directly or indirectly enter into negotiations or conclude any agreement with any third party (whether in your own name or for and on behalf of a third party) for the purpose of Listing your resource uploaded on the StartX platform other than by way of the StartX platform.

 

 

Networking Terms

You and other users may submit, post, transmit and share comments or materials on or through the Platform (“User Content“). You are solely responsible for User Content that you post, transmit, or share on or through the Platform, as well as for any actions taken by StartX or other Users as a result of your User Content. You agree and understand that you may be exposed to User Content posted by others that is inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that StartX makes no representations or warranties regarding User Content and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to User Content. You hereby waive any legal rights or remedies you have or may have against StartX with respect to User Content posted by you or others. StartX has no obligation to monitor, review, control, or guarantee the accuracy or confidentiality of User Content. However, StartX reserves the right at all times (but will not have an obligation) to remove or edit any User Content in its sole discretion, with or without notice.

 

 

 

Terms Of Services Of Option to Consult Page

 

Thank you for your interest in the StartX Platform (the “Platform”) and trademark licensed to StartX (Pty) Ltd accordingly, these terms and conditions are between the User and StartX referred to as “Us” or “StartX”.

The Platform is an application that facilitates the provision of advice by professionals to those who wish to engage by means hereof. These Terms of Service govern your access and use of the Platform and all publicly available content, services and/or products provided through the Platform (collectively, the “Services”).

Visitors to the Platform and users of the Services are referred to herein individually as “You” or “User” and collectively as “Users”.

The Services are offered to you subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, any future modifications that may be published from time to time without notice to you or liability for such change on the Platform or otherwise provided to you, and any additional terms and conditions to which you have agreed in connection with specific features, applications, products, or services provided by the Platform or the Services (collectively, the “Terms”).

In order to access certain features of the Services, you will have to create an account and become a registered user of the Services. In connection with registration for the Services, you may be asked to enter a separate agreement with StartX, the terms of which are hereby incorporated into these Terms by reference. If you are entering into these Terms on behalf of an entity or any third-party, such as your employer or a company you work for or control, you represent that you have the legal authority to bind that entity to these Terms.

BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE PLATFORM OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND ALL OTHER POLICIES AND PROCEDURES POSTED ON THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY SUCH AGREEMENTS, THEN YOU MUST IMMEDIATELY CEASE ACCESS, BROWSING OR OTHERWISE USE THE PLATFORM OR THE SERVICES.

Changes To The Terms  

Your use of the Platform and the Services is governed by the then-current version of the Terms in effect on the date of such use. StartX may, at its sole discretion, modify the Terms and/or other policies and procedures governing the Service at any time without notice or liability by posting the modified Terms, policies or procedures to the Platform and revising the “Updated” date. Your continued use of the Services after modified Terms have been posted or otherwise provided to you constitutes your agreement to be bound by the then-current Terms.

Authorized User  

BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED. You may access the Platform generally and/or browse generally without registering with the Platform.

Prohibited Conduct  

You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, regulations and rules and any applicable foreign laws.

Intellectual Property Notice  

The user acknowledges that all intellectual property rights in and to the content, structure, layout, design and specifications of this Platform and any accompanying documentation relating to StartX constitute Proprietary Information (“the Proprietary Information”) are owned by StartX and protected by copyright and other intellectual property laws.

You agree to protect the Proprietory Information by using the same standard of care used to safeguard your own information of a confidential or proprietary nature (but no less than a reasonable standard of care) and taking all reasonable steps to prevent any unauthorised disclosure of such Proprietory Information.

 

You may disclose the Proprietory Information only to those of your representatives, officers and employees who are required, in the course of their duties, to receive and acquire the Proprietory Information for the Purpose, and only where such representatives, officers and employees are bound by obligations of confidentiality to you that are no less onerous than those set out in this Agreement and such representatives, officers and employees are first made aware of the other terms of this Agreement or agree, in writing, to be bound by the terms and conditions of this Agreement prior to such disclosure.  You shall take action to enforce the obligations of confidentiality binding such representatives, officers and employees where applicable.  You shall procure that any persons who may have the opportunity of receiving or having access to any of the Proprietory Information are aware of the provisions of this Agreement and agree in writing to comply herewith as if they were a party to this Agreement.

 

You agree –

 

  1. not to disclose the Proprietory Information to any third party for any reason save for the purpose of using the Services on the Platform (“the Purpose”) ;

 

  1. not to utilize, employ, exploit or any other manner whatsoever use the Proprietory Information disclosed pursuant to the provisions of this Agreement for any purpose whatsoever other than strictly in relation to the Purpose;

 

  1. not, make any notes, sketches, drawings, photographs or copies of any kind of any part of the Proprietory Information;

 

  1. not authorize any third party to act on or use in any way the Proprietory Information (whether or not such third party is aware of such Proprietory Information), and shall promptly notify us if you become aware of any third party so acting, and (without prejudice to any of his/her/its other obligations) shall provide us with such assistance as we may reasonably require, at our cost and expense, to prevent such third party from so acting;

 

  1. not perform decompilation, disassembly or reverse engineering of any composition, compilation, concept, application, item, component, including software or hardware, choreography, music, sound or video recordings, literary or artistic works, disclosed hereunder or otherwise determine their composition or structure or cause or permit these tasks to be carried out;

 

  1. without limiting the foregoing, exercise no less care to safeguard the Proprietory Information acquired from us than you exercise in safeguarding its own competitive, sensitive or Proprietory Information.

 

You acknowledge that the unauthorised or unlawful use or disclosure of the Proprietory Information may cause irreparable loss, harm and damage to us.  Accordingly, you indemnifiy and hold us harmless against any loss, action, expense, claim, harm or damage, of whatsoever nature, suffered or sustained by us pursuant to a breach by you or any of its representatives, officers or employees to whom disclosure is made in terms of this Agreement of the provisions of this Agreement.

 

You acknowledge that monetary damages may not be a sufficient remedy for unauthorised or unlawful use or disclosure of the Proprietory Information and that you shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

 

You shall be responsible for any breach of the terms of this Agreement by any persons (including its representatives, officers and employees) to whom it discloses Proprietory Information, and shall, at your sole expense, take all reasonable measures to restrain such persons from prohibited or unauthorised use or disclosure of the Proprietory Information.

 

You undertake that neither you, nor any person associated with it, shall directly nor indirectly, whether for your own benefit, or for the benefit of anyone else, interfere with or infringe upon, circumvent or attempt to circumvent, avoid, by-pass or obviate the interests or statutory rights, or applications in respect thereof, of us; or the interest or relationship between us and clients, producers, sellers, suppliers, buyers, brokers, dealers, distributors, financial institutions, technology owners, developers or any other parties; or assist any third parties in doing so.

 

Trademarks

The User agrees not to infringe any trade marks which may be registered in respect of the name and the logo of the platform from time to time in any jurisdiction.

 

 

User Content  

We have a professional obligation to preserve the confidentiality of all information that you provide to us.

We have the same obligation of confidentiality to all of our clients. As a result, we cannot share with you any confidential information we have concerning other clients (even if that information is relevant to the services we provide to you).

We may share your confidential information within our Firm and with third parties on a need-to-know basis to allow us to provide services in an efficient and cost-effective manner, subject to professional conduct rules applicable in each jurisdiction.

Professional conduct rules and applicable laws require us to obtain certain information about each of our clients.

 

Fees  

Consultations will be booked online. No cancellations are permitted however consultations may be postponed, provided that they shall not be postponed more than once.

Fees will be charged on a per consultation basis and all payments shall be made via the payment gateway on the portal. Once the consultation has been booked, no refunds are permitted.

Retainer packages are also available at the indicated fixed fee for our services. The details of the package are as per the platform and will be charged via the platform and/or paid directly by way of EFT. You will be entitled to use the hours over a maximum period of 6 months, whereafter the hours will automatically lapse. Please ensure that all hours are utilized within the stated period. Once retainers are booked and paid for, no refunds are permitted given that background services are conducted in preparation of the retainer services. Accordingly, once the retainer services commence the fees have already been incurred by way of background preparation.

 

 

 

 

Termination  

StartX may terminate these Terms and your right to use the Services at any time and for any reason without notice. Upon termination or expiration of these Terms, StartX may remove and discard any StartX Materials or User Content, and such materials and content may no longer be accessible by you. StartX will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that StartX will not be liable to you or any third party for any such termination except as described in these Terms. Upon termination or expiration of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.

Indemnification  

To the fullest extent permissible by law, you agree to defend, indemnify, and hold StartX and its directors, officers, employees, and agents harmless from any claim, demand, loss, damage, liability, or expense, including attorney fees and costs, however incurred, including those incurred at trial, in any liquidation proceeding, on appeal, and on any petition for review (collective, “Damages”) to the extent that Damages result directly or indirectly from your use of the Services or the Platform.  StartX reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with StartX  in the defence of any such claim, action, settlement or compromise negotiations, as requested by StartX.

Limitation of Liability and Damages  

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL STARTX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR THE PLATFORM, EVEN IF STARTX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT STARTX HAS OFFERED ITS SERVICES AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND STARTX, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND STARTX. STARTX WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. StartX assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform. We do not, and cannot, guarantee that any Investor is actually an Accredited Investor (as defined above).

Choice of Law  

The Terms and your use of the Services shall be governed by and construed and enforced in accordance with the laws of South Africa. The parties agree that the courts of South Africa shall have exclusive jurisdiction in respect of any matter arising in terms of the use of the Platform.

Third-Party Sites  

This a may contain links to third party Platforms (“Third-Party Sites”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by StartX of any information, materials, products, or services contained in or accessible through any Third-Party Site. In no event shall StartX be responsible for the information contained on any.

Entire Agreement  

The Terms (including the documents and instruments referred to in the Terms) constitute the entire agreement and understanding of the parties with respect to the subject matter of the Terms, and supersede all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

Privacy Policy

 

This Personal Data Protection Policy sets out the principles and guidelines for the protection of personal data, as defined below, for visitors and users of the Platform, collected via the Platform. The concept of personal data means any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements of its own.

What Personal Information Do We Collect And Use?

The type of Personal Information we collect and process depends on our relationship with you and the context in which we obtain and use it. The list below sets out the Personal Information we will or may collect depending on the circumstances.

Personal Information We May  Collect:

  1. Your full name, title, address and contact details;
  2. Information to enable us to check and verify your identity, e.g. your date of birth, Identity number, personal tax, number residential address;
  3. Electronic contact details, e.g. your email address, mobile phone number;
  4. Information necessary in relation to the provision of our  services;
  5. Information about your use of our IT, communication and other systems, and other monitoring information, e.g. if you use our secure online client portals or leave a voicemail message.

How Personal Information Is Collected And Your Responsibilities

We may collect Personal Information from you in person, via telephone or email communication from your initial inquiry about our Services and ongoing throughout the provision of our Services. This may also include via our Platform and secure portal.

Third parties may pass Personal Information to us to use in the course of providing our Services in which case they will have your consent to do so

 

Visitors To Our Platform

We use Google Analytics to collect statistical information about the number of visitors to our Platform. This information includes pages visited and content searched. Further information can be obtained from the Google Privacy Policy. We use this information to maintain and improve our Platform and the services we provide and to analyse and understand what is of interest to our Platform visitors, so we can improve and tailor the content and this data will not directly or indirectly reveal your identity. We use technology to track the patterns of behaviour of visitors to our Platform. This can include using a ‘cookie’ which would be stored on your browser or the hard drive of your computing device.

How We Use Personal Information

In general terms we will collect Personal Information to provide you with our services, manage our relationship with you and to comply with our legal or regulatory obligations.

Who We Share Your Personal Information With

We will only share your information with external service suppliers, representatives and agents that we use to make our business more efficient, particularly the hosting of our Platform.

We only allow our service providers to handle your Personal Information if we are satisfied they take appropriate measures to protect your Personal Information. We also impose contractual obligations on service providers to ensure they can only use your Personal Information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

Where Your Personal Information Is Held

We store your Personal Information in secure data centres provided by external service providers. These service providers may have data centres in different parts of the world. Keeping information secure is a key part of data protection compliance. We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know and they are subject to a duty of confidentiality.

Your  Rights With Respect To Your Personal Information

You are entitled at any time to ask us for a copy of Personal Information we hold about you, known as a data subject access request. You are also entitled to ask that any information we hold about you is supplemented, updated or rectified. You can exercise this right by contacting us at the following address: support@thestartx.com

Cookies And Tracking Technologies

Technologies such as cookies, beacons, tags and scripts are used by StartX and our partners, including marketing partners’ affiliates, or analytics service providers and business process service providers. These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to store information about your preferences and allow us to customize our site according to your individual interests; to speed up your searches; and to recognize you when you return to our site.

Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

You accept this Privacy Policy, including verification of your identity with third parties, when you sign up for access or use our products, services, content, features, technologies or functions offered on our Platform and all related sites, applications, and services.

 

 

 

 

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