Privacy and Non-Disclosure Policy

We take your privacy seriously





    1. In providing services to users of the 4AX DSCo website, 4AX DSCo collects, uses, processes and, in some circumstances, shares the personal information of users in and through this website.

    2. 4AX DSCo respects the rights of users of the 4AX DSCo website whose personal information is collected, and used and/or processed by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.

    3. The purpose of this Privacy Notice is to provide You with information about the information processing activities of 4AX DSCo and the manner in which Your rights are protected.

    4. This Privacy Notice shall serve as a blanket notification to You about 4AX DSCo's processing activities and will apply in relation to each interaction between You and 4AX DSCo.

    5. 4AX DSCo may amend the provisions of this Privacy Notice to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on the website and will become operable from the date of such publication.

    6. This privacy policy, and the interpretation and enforcement thereof, will be governed by the laws of the Republic of South Africa.


    1. In this Privacy Notice, the following words bear the following meanings:

      1. "consent" means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of You of the website for the processing of Your personal information;

      2. "direct marketing" means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;

      3. "information officer" means the information officer appointed by 4AX DSCo in accordance with the POPI from time to time;

      4. "juristic person" includes a body corporate, a partnership, an association,or a trust as defined in the Trust Property Control Act 57 of 1988;

      5. "operator" means an outside third party who processes personal information for or on behalf of 4AX DSCo in terms of a contract or mandate;

      6. "Person" means a natural person or a juristic person;

      7. "personal information" means any information linked to You or information that can identify You, including but not limited to:

        1. information relating to Your gender, nationality, ethnic or social origin age, language;

        2. information relating to Your education or Your financial, criminal or employment history;

        3. Your identity or registration number, e-mail address, physical address, telephone number, location information or online identifier;

        4. all financial information about You;

        5. Your personal opinions, views or preferences;

        6. correspondence sent by You which is of a private or confidential nature;

        7. the views or opinions of others about You; and

        8. Your name if it appears with other personal information relating to You, or if the disclosure of Your name on its own would reveal further personal information about You, or any other personal information as defined and contemplated in POPI;

    2. "POPI" means the Protection of Personal Information Act 4 of 2013, including any regulations or codes of conduct promulgated under it;

    3. "PAIA" means the Promotion of Access to Information Act 2 of 2000;

    4. "process" or "processing" means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:

      1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;

      2. dissemination by means of transmission, distribution or making available in any other form; or

      3. merging, linking, as well as restriction, degradation, erasure or destruction of that information;

    5. "4AX DSCo" means 4AX DSCo (Pty) Ltd, registration number 2018/195310/07;

    6. "User Agreement" means the user agreement that a person who registers with 4AX DSCo will conclude on the 4AX DSCo website;

    7. "the website" means the website or any part thereof which is accessible from;

    8. "You" means a visitor or user of this website, or any of the content or services associated with this website, and "Your" has a corresponding meaning.

    9. Any reference in this Privacy Notice to:

      1. the singular includes the plural and vice versa;

      2. any one gender includes the other genders, as the case may be;

      3. an act, regulation or other law is to the version of that law in force at the effective date of this notice and includes any amendment or re-enactment made to that law after the effective date of this notice.

    10. When calculating any number of days for the purposes of this notice, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.

    11. The word "include" means "include without limitation". Use of the word "include" or "in particular" is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.

    12. A requirement that any notice, request, demand or other communication made in terms of this Privacy Notice must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference.


    1. 4AX DSCo will be the party who will be collecting and processing Your personal information and as such is designated as the "responsible party" for the purposes of this Notice.

    2. 4AX DSCo's contact details are as follows:

    3. Physical address : Hill on Empire, 4th Floor Building A, 16 Empire Rd (cnr Hillside Rd), Parktown, 2193, South Africa

      Telephone number: (011) 10 083 52

      Email address:

      Website address:

    4. 4AX DSCo may instruct operators from time to time to undertake certain processing activities relating to Your personal information.


    1. 4AX DSCo may collect the following personal information from You:

      1. Initials, first name, surname or registered full name;

      2. Identity or registration number and/or date of birth;

      3. Physical and postal address;

      4. Email address;

      5. Telephone and cellphone numbers;

      6. Gender, nationality, ethnic and social, origin, age, language preference;

      7. financial information about You;

      8. Your personal opinions, views or preferences;

      9. correspondence sent by You which is of a private or confidential nature;

      10. the views or opinions of others about You;

      11. Your credit information and history; and

      12. any other personal information that may be provided by You to 4AX DSCo or obtained by 4AX DSCo or required by 4AX DSCo in relation to the provision of the services of 4AX DSCo to You.

    2. The supply of personal information by You to 4AX DSCo is voluntary and not mandatory. However, if You refuse to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing 4AX DSCo from concluding or performing any contract with You, or preventing 4AX DSCo from complying with one or more of its obligations in law.


    1. 4AX DSCo shall only collect Your personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of 4AX DSCo's business.

    2. Such purposes may include the following:

      1. to make the decision whether or not to enter into a contract with You or allow You to contract with other users of the 4AX DSCo website portal;

      2. to display to other users of 4AX DSCo, to enable potential loans under the 4AX DSCo website portal to be entered into between You and other users;

      3. to perform any obligations under a contract with You;

      4. to comply with a legal obligation;

      5. to protect a legitimate interest of Your (unless You have specifically objected in writing to all or some of the processing activities on reasonable grounds);

      6. to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless You have specifically objected in writing to all or some of the processing activities on reasonable grounds);

      7. to process personal information for credit reporting purposes;

      8. to process personal information for direct marketing purposes (unless You have opted out of receiving any direct marketing material);

      9. to present content to You in the most effective way for you and your viewing device and browser;

      10. to customise and display content including, but not limited to products, articles, listings and advertisement to You in a way that 4AX DSCo feels may interest You or be most beneficial to You;

      11. to send content including, but not limited to products, articles, listings and advertisement content to You via email or other electronic media, where You have consented to be contacted by 4AX DSCo with such content;

      12. to enable You to voluntarily participate in interactive features on the website;

      13. to notify You about changes to the website; and/or

      14. to contact You regarding their contracts concluded through 4AX DSCo's website portal.

    3. 4AX DSCo will not sell Your personal information to any third party without the prior written consent of You.


    1. 4AX DSCo shall, as far as possible, always collect personal information about You directly from You, except in the following circumstances:

      1. where personal information is collected from a public record, or from another source if the information has already been made public by You;

      2. where You have given your written consent to 4AX DSCo to collect your information from another source;

      3. where the collection of Your personal information from another source will not prejudice any of Your legitimate interests;

      4. where the collection of personal information from another source is necessary to maintain 4AX DSCo's legitimate interests or those of any third party it intends sharing the information with;

      5. where the collection of personal information directly from You would prejudice the purpose for the collection;

      6. where the collection of personal information directly from You is not reasonably practicable in the circumstances.

    2. If 4AX DSCo collects personal information from a source other than You , it shall record in writing the details of that source, including the full names and contact details of that source where applicable.

    3. You hereby consent to 4AX DSCo requesting and obtaining credit information pertaining to You from any reputable credit reporting agency or institution for the purpose of concluding any transaction offered by 4AX DSCo through its website portal.

    4. Personal information may be collected from or supplied by You in any of the following ways:

      1. during the process of registering as a user on this website;

      2. provided by You as part of your profile pages on the website;

      3. when subscribing to a service, entering into a competition or promotion, or participating in a survey offered on this website;

      4. when posting a comment, review, reply or recommendation on this website;

      5. when requesting further services or information from 4AX DSCo and/or other users of 4AX DSCo;

      6. when contacting 4AX DSCo to report a problem with the website or for any other reason;

      7. when completing any forms on the 4AX DSCo website.

    5. You may visit the website without providing any personal information. However, the websites servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of Your visit, information about Your computer, including IP (Internet Protocol) address, operating system and browser type, Your location, and usage information. Individuals users like You will not be identified from or by this information and 4AX DSCo is entitled to copy, distribute or otherwise use such information without limitation.


    1. "Cookies" are small text files transferred by a webserver to Your hard drive and thereafter stored on their computer. The types of information a Cookie collects includes Your username, the date and time of your visits to the website, your browsing history and preferences.

    2. 4AX DSCo may use Cookies on this website to:

      1. distinguish one user from another on the website;

      2. remember Your last session when You return to the website;

      3. estimate the website's audience size and usage patterns;

      4. store information about Your preferences, which allows 4AX DSCo to customize the website and content according to Your individual preferences; and

      5. speed up searches on the website.

    3. The provisions of this clause are only applicable to Cookies used by 4AX DSCo. In some instances, third-party service providers may use Cookies on the website. 4AX DSCo cannot and does not control or access Cookies used by third party service providers and takes no responsibility therefor.

    4. You have the right and ability to either accept or decline the use of Cookies on your computers web browser, whether You are logged in as a user, or simply casually visiting the website. However, declining the use of Cookies may limit Your access to certain features on the website. 


    1. 4AX DSCo shall comply with all laws, contracts or regulations when it processes Your personal information.

    2. 4AX DSCo shall not act unreasonably when processing Your personal information. This means that it will collect and process Your personal information in a way that You can reasonably expect and in a way that is fair.

    3. 4AX DSCo shall respect Your right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to Your the privacy rights, then it will choose that option.

    4. Similarly, if 4AX DSCo needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.

    5. 4AX DSCo shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.

    6. If there are any alternative ways to achieve the identified purpose/s without processing personal information, 4AX DSCo shall not process that personal information.

    7. 4AX DSCo shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.

    8. 4AX DSCo shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of users such as You will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.

    9. Once 4AX DSCo has achieved the purpose for the collection of Your personal information, it will destroy or delete such information, unless You have directed otherwise in writing, or 4AX DSCo is required by law to retain the information for a longer period of time.

    10. If 4AX DSCo no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.


    1. 4AX DSCo may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any transaction with You, share certain personal information with third party operators who perform certain processing activities on behalf of 4AX DSCo.

    2. The categories of third party operators with whom it is shared is set out below:

      1. banks or other financial institutions where You maintain or have maintained bank accounts, loan accounts or other financial or portfolio accounts;

      2. credit bureau service providers;

      3. service providers who provide 4AX DSCo with legal assistance, accounting or auditing services, payroll services and/or other utilised to effectively operate the 4AX DSCo business;

      4. delivery and courier service providers;

      5. Payment Gateway Provider;

      6. Bulk email delivery providers.

    3. 4AX DSCo may also share aggregated information about You, and Your usage patterns. 4AX DSCo may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified and Your personal information will not be disclosed.

    4. Other than as stated in clause 9.1to9.3 , 4AX DSCo shall not share Your personal information with any third parties unless it has Your express consent to do so.


    1. You shall have the following rights in relation to the processing of Your personal information:

      1. to access and correct any personal information held by 4AX DSCo about them;

      2. to object to the processing of their information; and

      3. to lodge a complaint with the Information Regulator.

    2. You may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in 4AX DSCo's PAIA manual.


    1. 4AX DSCo shall not process Your personal information for any purpose not previously specified except in the following circumstances:

      1. where You have consented to such further processing;

      2. where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between 4AX DSCo and You;

      3. where the further processing activities are linked to or compatible with the original purpose;

      4. where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;

      5. where the further processing is necessary to enforce any law;

      6. where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;

      7. where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of You or another individual;

      8. where the further processing is necessary for historical, statistical or research purposes.

    2. 4AX DSCo shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify You of such further purposes and the possible consequences of the intended further processing for You.


    1. 4AX DSCo shall take reasonably practicable steps to ensure that the personal information kept by it about You is complete, accurate, not misleading and is updated when necessary.

    2. However, if You are aware of any personal information in 4AX DSCo's custody that is incorrect, inaccurate or which needs to be updated, You must make a written request to 4AX DSCo's information officer at to update or correct the relevant information.

    3. If You have contested the accuracy of any personal information being used by 4AX DSCo, it shall immediately stop using that information until its accuracy has been verified.

    4. 4AX DSCo reserves its right to only adhere to a request from You in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.

    5. Where personal information that has been shared by 4AX DSCo with a third party is subsequently updated or corrected, 4AX DSCo shall ensure that all third parties, with whom that information was shared, receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected.


    1. 4AX DSCo is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.

    2. 4AX DSCo takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.

    3. 4AX DSCo shall ensure that in any contracts entered into with third party operators who process personal information on 4AX DSCo's behalf, include the following obligations:

      1. the operator shall not process any personal information without 4AX DSCo's knowledge and authority;

      2. the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;

      3. the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by 4AX DSCo;

      4. the operator shall notify 4AX DSCo immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;

      5. if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;

      6. if an operator is legally obliged to disclose any personal information processed by them on 4AX DSCo's behalf to other parties, it must notify 4AX DSCo beforehand to enable 4AX DSCo and/or You to protect Your rights if necessary.

    4. You must maintain the secrecy of any passwords used to gain access to this website and You should change such passwords regularly.

    5. 4AX DSCo shall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.

    6. As the internet is not a secure medium of communication, 4AX DSCo cannot guarantee the security of any information You input on its website or send to 4AX DSCo via the internet. 4AX DSCo is not, and will not be, responsible for any damages You or others may suffer as a result of the loss of confidentiality of any such information.


    1. If personal information about You is inadvertently leaked or 4AX DSCo's security has been unlawfully breached by any unauthorised party, 4AX DSCo shall immediately identify the relevant users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.

    2. 4AX DSCo shall provide sufficient information to You to allow You to take the necessary protective measures against the potential consequences of the compromise, or shall advise You of the steps to be taken by You and the possible consequences that may ensue from the breach for You.


    1. If 4AX DSCo is required to make a decision about You using any personal information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give You an opportunity to request access to that record.

    2. 4AX DSCo may allow You a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect Your legal position, or will otherwise adversely affect You in some manner or form.

    3. 4AX DSCo shall always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic may be able to be communicated to You to enable You to make representations.

    4. If 4AX DSCo has made a decisions based on incorrect personal information, it shall immediately revisit that decision as soon as it receives notice or becomes aware of the error or inaccuracy of that information.


    1. This website may contain links or references to other websites, including those of advertisers ("third party websites") which are not under 4AX DSCo's control.

    2. The provisions of this Privacy Notice are not applicable to third party websites and 4AX DSCo shall not be responsible for the information processing practices and/or privacy policies of those third party websites, or the cookies that those websites may use.


    1. You hereby consent to the processing of Your personal information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS's or electronic mail.

    2. Where You are a pre-existing customer of 4AX DSCo, 4AX DSCo shall be entitled, without Your consent, to sending electronic communications to You for the purpose of marketing similar products or services offered by 4AX DSCo.

    3. You may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from You or when each subsequent electronic communication is sent to You by 4AX DSCo and/or its subsidiaries.

    4. You can opt out of receiving further marketing communications by un-checking certain boxes on the forms used on the website to collect their personal information, or by contacting 4AX DSCo at


  19. 4AX DSCo does not knowingly process any personal information relating to a person under the age of 18 years. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and personal information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to 4AX DSCo processing such information according to the further provisions of this Privacy Notice.


    1. Subject to clause 19.2 , 4AX DSCo does not intend sharing Your personal information with a third party in another country.

    2. 4AX DSCo may transfer personal information to another country in the following circumstances, to which You consent:

      1. the transfer is necessary for the performance of a contract that 4AX DSCo has with You or the performance of services offered by 4AX DSCo to You;

      2. the transfer is necessary for the implementation of pre-contractual measures taken in response to Your request;

      3. the transfer is necessary for the conclusion or performance of a contract with a third party which is for the benefit of or in the interest of You;

      4. the transfer is otherwise for the benefit of You;

      5. You have consented to the transfer of Your information; or

      6. to store Your personal information electronically in a secure database, which shall be done by electronically transmitting Your personal information via a secure connection to, and storing Your personal information electronically in, a secure database hosted in an ISO27001 certified environment. Your personal information shall be hosted with an offshore hosting partner which is a European Union member, compliant with the EU Data Directive which provides data protection which is at least as protective as POPI , as selected by 4AX DSCo from time to time.

    3. .The service providers to which 4AX DSCo discloses Your personal information in terms of clause 19.2 and/or the User Agreement have the right to electronically transmit Your personal information via a secure connection to, and store Your personal information electronically in, a secure database hosted outside South Africa, provided they have security and privacy policies and procedures providing at least the same level of protection as 4AX DSCo does.


    1. 4AX DSCo will keep a record of any personal information collected for no longer than is necessary to achieve the specific purpose for which it collected such information in the first place unless:

      1. it is required by law to keep a record of such information for a longer period of time; or

      2. it needs to keep a record of such information for another lawful purpose; or

      3. it has a contractual obligation to keep a record of such information; or

      4. You have consented to their information being kept for a longer period.

    2. 4AX DSCo may, if it has de-identified personal information, kept such information for historical, statistical or research purposes. 4AX DSCo shall ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified.


    1. Where 4AX DSCo is no longer authorised to retain a record of any personal information, it shall either:

      1. ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or

      2. return the information to You or transfer it to a third party, if requested by You in writing to do so.


  24. If You post content to or comment on another user's posts on a user forum on 4AX DSCo's website, your views will be available to all persons who can access the forum. If You publish any of Your personal information onto a forum, 4AX DSCo will not be responsible for how other people make use of or process that information. 4AX DSCo reserves the right not to publish or to remove any posts it considers inappropriate.


  26. If 4AX DSCo merges with, or is acquired by, any other business, You will be notified and any personal information that 4AX DSCo holds about You will become available to that other business, but only in terms of the detailed terms of use of this Privacy Policy.


    1. You hereby consent to the processing of Your personal information in terms of the provisions of this Privacy Notice.

    2. You acknowledge and agree that such consent has been given voluntarily after You have read and understood the provisions of this Privacy Notice, in particular, regarding the following:

      1. the types of personal information to be processed;

      2. the specific processing activities to be undertaken;

      3. the specific purpose/s for such processing; and

      4. the possible consequences for You that may arise from such processing.

    3. Should You wish to withdraw any consent previously given by You,You must notify 4AX DSCo's information officer in writing. You have the right to withdraw any consent at any time, demand that the processing of the personal data be terminated and the gathered personal data be deleted or closed and that the 4AX DSCo user account be closed, provided that You do not have any active Loan Applications, valid Loan offers, valid Loan Agreement or any open or failed Loan applications in 4AX DSCo (all such terms being as defined in the User Agreement).


    1. You may, on reasonable grounds, object to the processing of Your personal information at any time after that processing has started.

    2. If You wishes to object to the processing of Your personal information, You must send written notice of Your objection to 4AX DSCo's information officer, together with Your reasons for doing so.


  30. This Privacy Notice shall be governed and interpreted in accordance with the laws of the Republic of South Africa.


    1. 4AX DSCo reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Notice from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on this website.

    2. It is Your obligation to periodically check the provisions of this Privacy Notice for any such changes, updates, additions, removals or amendments.

    3. Your continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Notice will be considered notice of Your acceptance to abide by and be bound by this Privacy Notice, as amended.



  1. All Parties using this service, the 4AX DSCo platform ("the Platform"), accept that all information submitted and displayed on the Platform, whether on the Platform, orally or in writing or other tangible form, in any way relating or pertaining to the business of the Disclosing Party, to the extent the same is reasonably construed or generally accepted as containing a trade secret, proprietary or confidential information, including, without limitation: (a) information related to the Disclosing Party's operations, procedures, strategies, finances, policies, techniques, agreements, technology, software, clients, and personnel; (b) information that is confidential or proprietary to a third party and is in the possession of the Disclosing Party; and (c) the existence and terms of this Agreement; shall be deemed to be trade secret and confidential information (collectively, "Confidential Information").
  2. The Receiving Party shall retain all Confidential Information received from the other party in strict confidence exercising the same standard of care used by the Receiving Party to protect its own confidential and proprietary information, but in any event not less than reasonable care to prevent the disclosure of Confidential Information to any unauthorized third party. The Receiving Party shall not use Confidential Information received from the Disclosing Party for any purpose other than in furtherance of the Business Purpose. The Receiving Party shall not disclose Confidential Information received from the Disclosing Party to any third party, except to the Receiving Party's and its affiliates' employees, directors, officers, consultants, attorneys or other agents (collectively, "Representatives") who require access to the Confidential Information in connection with the Business Purpose and except as provided in Section 5. The Receiving Party shall direct its Representatives to comply with this Agreement and shall be responsible for their compliance with this Agreement.
  3. The Receiving Party acknowledges that nothing contained in this Agreement is intended or shall be construed to convey to the Receiving Party any rights or license under any patents, patent applications, inventions, copyrights, trade secrets, trademarks or other intellectual property rights heretofore or hereafter possessed by the Disclosing Party, and that nothing contained in this Agreement shall constitute a commitment by the Disclosing Party to the development or release of any future information or the procurement or recommendation of any product or service of the Receiving Party. Unless and until a definitive agreement with respect to the Business Purpose has been executed and delivered, neither party hereto will be under any legal obligation of any kind whatsoever with respect to the Business Purpose, except for the matters specifically agreed to herein and except as otherwise expressly agreed in writing.
  4. As used in this Agreement, Confidential Information shall not include:
    1. Information which is at the time of disclosure or thereafter becomes publicly available without violation of this Agreement;
    2. Information which was known to the Receiving Party prior to the time of disclosure by the Disclosing Party;
    3. Information received in good faith by the Receiving Party from a third party that the Receiving Party believed was legally entitled to disclose the same; and
    4. Information which is independently developed without reference to the Disclosing Party's information.
  5. In the event the Receiving Party is required to disclose Confidential Information received from the Disclosing Party by law or legal process, including a subpoena, court order or similar document, the Receiving Party will use all reasonable efforts to notify the Disclosing Party of the obligation to make such disclosure sufficiently in advance of the disclosure so that the Disclosing Party will have a reasonable opportunity to object. In the event of required disclosure, the Receiving Party shall and may disclose only the particular Confidential Information required to be disclosed.
  6. The Disclosing Party does not make any warranty, express or implied, hereunder with respect to its Confidential Information. Estimates or forecasts provided by the Disclosing Party to the Receiving Party shall not constitute commitments. Notwithstanding the aforementioned in this paragraph 6 and to the extent that the Disclosing Party becomes aware of any misrepresentation or incorrectness relating to the Confidential Information subsequent to it having been disclosed to the receiving party, the Disclosing Party undertakes to duly inform the Receiving Party of such misrepresentation or incorrectness without delay and as soon as is reasonably possible to do so.
  7. Upon request from the Disclosing Party, the Receiving Party shall return to the Disclosing Party all written Confidential Information received from the Disclosing Party and shall either destroy all written evaluation reports and calculation results prepared by the receiving party to the extent based upon or incorporating Confidential Information, and all copies thereof, in whatever medium embodied, or redact therefrom any Confidential Information incorporated therein.
  8. Parties to this agreement are prohibited from circumventing one another by approaching the party(ies) and or associated and or related companies and or natural person(s) in any manner whatsoever, to discuss and or engage in a business related to the business that is the basis of this NDA.
  9. Each party's obligations under this Agreement shall survive the termination of the discussions between them with respect to the Business Purpose for a period of two years, unless earlier terminated by mutual agreement in writing by both parties in accordance with clause 11 hereunder, regardless of the manner of such termination, and shall be binding upon their respective successors and assigns.
  10. Each party hereto acknowledges that, in the event of a breach by it of any of the terms contained in this Agreement, the other party may suffer irreparable harm for which remedies at law would be inadequate, and that the other party shall be entitled to seek equitable relief therefor by injunction, in addition to any and all rights and remedies available to it at law and in equity. Each party agrees to waive any requirements for securing or posting any bond in connection with the exercise of any equitable remedy.
  11. The applicable law in this agreement is the law of South Africa.
  12. Any dispute which may arise from this agreement, shall be referred to the Regional Court with the appropriate jurisdiction.
  13. The validity and interpretation of this Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the internal, substantive laws of the Republic of South Africa, without regard to principles of conflict of laws, and any disputes as to its terms shall be submitted to the non-exclusive jurisdiction of the High Court of South Africa (South Gauteng Division, Johannesburg).
  14. This Agreement constitutes the entire agreement and understanding between the parties hereto relating to the subject matter hereof and supersedes all prior discussions and agreements, either oral or written, expressed or implied, relating to the subject matter hereof. Any amendments to or waivers of the terms of this Agreement must be in writing and executed by authorized officers of the parties hereto.


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Date of last update: 1 June 2020