PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR WEBSITE AND APPLICATION

TERMS OF WEBSITE USE

These terms of use (“Terms of Use”), together with the documents referred to herein, govern the use of our website www.responsagility.me or such website that directs you to www.responsagility.me and/ or website that redirects to it, and any platforms or social media sites we make available (collectively, “our Sites”).

Please read these Terms of Use carefully before making use of our website. By using our Sites, you agree to be bound by these Terms and our Privacy Policy, which governs the processing of Personal Information collected from or provided by you.

You warrant that all information, including Personal Information, provided by you is accurate and complete.

If you do not agree to these Terms of Use, we advise that you refrain from making use of our Sites.

Clauses displayed in bold limit our liability, impose obligations on you, or require you to indemnify us.

PLEASE NOTE: Clauses displayed in bold limit our liability, impose obligations on you, or require you to indemnify us

INFORMATION ABOUT US

CHANGES TO THESE TERMS

We may amend these Terms at any time. Amendments take effect once published on our Sites.

Your continued use of our Sites constitutes acceptance of the amended Terms.

CHANGES TO OUR SITES

We may update, modify, suspend or discontinue any part of our Sites or Content at any time without notice.

Please note: Content is provided for general information only and may be inaccurate, incomplete or out of date. We give no warranties regarding accuracy, completeness or availability.

ACCESSING OUR SITES

Access to our website and social media sites: is made available free of charge. Where you register a Service Account, the appropriate fees as presented by ResponsAgility will apply.

Access to our Services: Access to the Platform is available to organisations and individuals who have purchased a subscription or licence to use the Services ("Users"). Users may create and manage accounts, invite Players to participate in assessments and access reports and related platform functionality. Players may access and complete assessments through the Platform pursuant to an invitation issued by a User and are not required to pay any fee to participate in such assessments.

We do not guarantee that our Sites, or any Content on it, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis.

We may suspend, terminate, withdraw, discontinue or change all or any part of our Sites (including, but not limited to the services/ products/ materials available) without notice to you. We will not be liable to you if, for any reason, our Sites are unavailable at any time or for any period.

You are responsible for all arrangements and costs necessary to access our Sites. We do not warrant uninterrupted availability, performance, or compatibility with any device or system.

YOUR ACCOUNT AND PASSWORD

1. Certain Services and functionalities available through the Platform require the creation of a User account. Any Personal Information collected during the registration process will be processed in accordance with our Privacy Policy. User accounts enable Users to manage assessments, invite Players, access reports and make use of related Platform functionality.
2. Access to User functionality is restricted to authorised User account holders and may require registration, login credentials and account verification. Players are not required to create an account and may access and complete assessments through a unique invitation link issued by a User, subject to any requirements determined by ResponsAgility from time to time.

RIGHTS GRANTED TO YOU

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferrable and revocable, license to access and use our Sites and Content at any time, solely for your personal, non-commercial use, on any device of which you are the primary user.

We may terminate this licence at any time for any reason.

Any rights not expressly granted herein are reserved by us.

PROHIBITED USES

You may not use our Sites or Content:

in any way that breaches any applicable local, national or international law or regulation (including intellectual property laws);

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

in any way that encourages any illegal activity, including, but not limited to, promoting or facilitating access to, use of and/ or sale of illegal substances, services, information and/ or devices;

to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example: Spam);

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our website or the Content used by us or any other Users of our website;

to access or attempt to access, without authority, interfere with, damage, alter, corrupt or disrupt any data or part of our website or the equipment or network on which the website is stored; and/ or

in any way to facilitate or assist any third party to do any of the above.

1. You may further not:

remove any copyright, trademark or other proprietary notices from any portion of our website or from the Services available;

reproduce, copy (direct or in-direct), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website or the Services (or any part thereof);

decompile, reverse engineer or disassemble our website or the Services except as may be permitted by applicable law;

cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/ or functionality of any aspect of our website;

employ any automated processes, artificial intelligence (AI), or similar technologies that may access, interact, or disrupt the Services provided or display of the content on our website.

frame our website or any part thereof;

access or use our website or the Content through automated means, including through the use of robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of our website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);

transmit content that the user does not own or does not have the right to publish or distribute; or

attempt to gain unauthorised access to or impair any aspect of our website or its related systems or networks.

E-mail addresses, names, telephone numbers, physical addresses published on our website may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from us to utilise same.

INTELLECTUAL PROPERTY RIGHTS

We are the owner and/or lawful licensee of all intellectual property rights in the Website and its content, whether registered or unregistered, including copyrights, trademarks, designs, and the website’s look and feel.

Nothing in these Terms of Use grants you any rights in respect of our intellectual property or that of third parties, unless expressly stated.

You may view, download or print content from the Website for your personal, non‑commercial use and to consider acquiring products offered on the Website. Any other use, reproduction or distribution of our content is prohibited unless permitted by law or authorised by us.

You may not modify website materials, use content separately from accompanying text, or claim ownership thereof. Our authorship must always be acknowledged.

Third Party Content: The Website may include third‑party content, which remains the intellectual property of its respective owners and may be subject to additional terms.

Limited Site Content License: Except as provided in par 7 above, we grant you a limited, revocable, non‑transferable and non‑exclusive licence to access and use the website content for your personal, non‑commercial use, including viewing, downloading and printing content, provided that you do not modify the content, remove any copyright notices, create derivative works, or reproduce, distribute or display the content on any other platform or medium.

We reserve the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on our website.

Neither these Terms of Use nor your use of our Site(s) or Information convey or grant to you any rights:

in or related to our Sites except for the limited license granted under paragraph 7 above; or

to use or reference in any manner our business names, service names, product names, logos, trademarks, designs or services marks or those of our licensors (registered or un-registered)

Any enquiries regarding any of the above relating to intellectual property must be directed to ResponsAgility via our Contact Details.

LIMITATION OF OUR LIABILITY

THE PLATFORM, ASSESSMENTS, REPORTS, ANALYTICS, BEHAVIOURAL INSIGHTS AND ALL RELATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY OR SUITABILITY OF THE PLATFORM, ASSESSMENTS, REPORTS OR RELATED CONTENT, AND YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

WE, OUR OWNERS, SHAREHOLDERS, AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, ANY ASSESSMENT, REPORT, RECOMMENDATION, BEHAVIOURAL INSIGHT OR ANALYTICAL OUTPUT GENERATED THROUGH THE SERVICES, OR ANY DECISION MADE BY A USER OR THIRD PARTY BASED ON SUCH OUTPUTS.

YOU AGREE TO FULLY INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING FROM YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OF THE PLATFORM OR SERVICES.

FOREIGN LAW MAY BE APPLICABLE TO YOUR USE OF THE SERVICES AND/OR OUR SITES AND AS SUCH, YOU WARRANT THAT THAT YOU ARE AT ALL TIMES ACTING IN ACCORDANCE WITH THE SAME FOREIGN LAW, AND INDEMNIFY US FROM ANY LIABILITY WE MAY ACQUIRE BY VIRTUE OF OUR SUPPLY OF THE SITES AND/OR SERVICES.

WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE EVENTS.

DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO CERTAIN SUBSCRIPTIONS, ASSESSMENT SERVICES, PROFESSIONAL SERVICES OR OTHER SERVICES PROVIDED BY US, WHICH WILL BE SET OUT IN ANY APPLICABLE SERVICE-SPECIFIC TERMS AND CONDITIONS.

ASSESSMENTS, REPORTS, BEHAVIOURAL INSIGHTS, RECOMMENDATIONS, ANALYTICS AND OTHER CONTENT MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED FOR INFORMATIONAL, DEVELOPMENTAL AND DECISION-SUPPORT PURPOSES ONLY. THEY DO NOT CONSTITUTE PROFESSIONAL, LEGAL, PSYCHOLOGICAL, MEDICAL, EMPLOYMENT OR RECRUITMENT ADVICE, AND USERS REMAIN SOLELY RESPONSIBLE FOR ANY DECISIONS MADE IN RELIANCE ON SUCH CONTENT.

THIS CLAUSE WILL SURVIVE TERMINATION.

SECURITY

Although we are not obliged to provide security on our website, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. We take reasonable security measures to ensure the safety and integrity of our website and to exclude viruses, unlawful monitoring and/ or access to our website. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our website are completely secure at all times.

To provide adequate security to all our users, and to monitor activities prohibited under section 17 of the Cybercrimes Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example email, instant messaging or fax-to -email applications.

We check documents for viruses before uploading them, but we can't guarantee downloads from our site are virus-free. We're not liable for any damage caused by viruses. Please use your own virus-checking software for protection.

Further, you agree not to upload or provide, via our Site(s), any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our Site(s).

LINKING TO OUR SITES

You may link to our Sites from your website or other social media page, but only to the Homepage or page of your service provider, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or breach any provision of these Terms of Use.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice to you.

The website in which you are linking must comply in all respects with our Terms of Use.

CONTENT AND LINKS IN OUR SITES

1. Where our website contains links to third‑party websites or resources, these are provided for convenience only. We do not endorse and accept no responsibility for the content, products or services of such third parties. Your use of third‑party websites is at your own risk and subject to their applicable terms and policies.
2. We do not claim ownership of third‑party content displayed on our website. If you are the owner of such content and wish it to be removed, please contact us via our Contact Details.
3. If you access or interact with our social media pages, you agree to use them lawfully and responsibly, and not to post any content that is unlawful, offensive, infringing, defamatory, harmful or in breach of any applicable legislation or the relevant social media platform’s rules.
4. You warrant that you own, or have permission to use, any content you post on our social media pages, and you acknowledge that we may remove any content at our discretion and without notice.

Social media is not a medium for conflict resolution or lodging complaints. Complaints should be sent by using our Contact Details.

ADVERTISING AND SPONSERSHIP

1. Our Services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in our website complies with all applicable laws and regulations.
2. We, our member, employees, suppliers, partners and affiliates (as the case may be) accordingly excludes, to the maximum extent permitted by law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

BREACH, SUSPENSION AND TERMINATION

Kindly take note that it is within our discretion to determine whether there has been a breach of these Terms of Use through your use of our Sites. When a breach occurs, we may take such action as we deem appropriate, provided that we give reasonable notice to you.

We specifically exclude any liability for our actions taken in response to a breach of these Terms of Use.

All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.

The obligations and liabilities of users incurred prior to the termination date of the Terms and/ or use of the Services shall survive the termination of these Terms for all purposes.

No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future.

Any provision under these Terms of Use, which contemplates performance or observance subsequent to any termination, or expiration of these Terms of Use shall survive any termination or expiration of these Terms of Use and continue in full force and effect.

APPLICABLE LAW AND JURISDICTION

Please note that these Terms of Use, its subject matter and its formation, are governed by the laws of the Republic of South Africa. The parties further agree to the exclusive jurisdiction of the Western Cape High Court of South Africa (Cape Town), which shall have exclusive jurisdiction over any dispute that may arise from these Terms and Conditions.

CHANGE OF OWNERSHIP

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights and obligations under these Terms of Use (including those as per our Privacy Policy) to a successor, purchaser, or separate entity. We will disclose the transfer on our Sites.

ELECTRONIC COMMUNICATION AND CONTACT

Any Data Messages sent by us to you shall be deemed to have been sent from the Premises (see clause 2 above).

A Data Message is deemed to be sent:

By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and

By you, at the time when we confirm receipt thereof.

A Data Message is deemed to be received:

By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and

By you, once it enters your information system.

As provided for in terms of section 11(3) of the ECT Act, all information incorporated by the use of hyperlinks and/ or other methods of reference shall form part of these Terms of Use.

Attribution of Data Messages: You agree and warrant that any Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.

Expression of Intent – use of our Sites: For purposes of electronic communications between you and us, no electronic signature is required. The mere browsing of our Sites demonstrates your intent to be a party to these Terms of Use.

CONTACT US

Website functionality or any other recommendations: Contact us by way of email via our Contact Details.

Questions or queries about Services and related services: Contact us by way of email via our Contact Details.

Complaints: We kindly request that you contact us first should you have any complaints or any other issues. It is important to us that you are satisfied with your enquiry. You may use the contact information as per our Contact Details. Please ask for a reference number if you speak to any of our representatives/ consultants. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such complaint.

Legal Documentation or Notices (hopefully this will never be required):

Physical address: Clause 2 above.

Legal enquiry: please use our Contact Details. If you have a legal enquiry, we will use the email address supplied by you on our communication facility to respond to your legal question (subject: “LEGAL”).

If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the Internet.

Any notice to you, or us, which is:

sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause 2 above shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was posted;

delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or

sent by a Data Message to the addressee shall be deemed to be received as per clause 18 above.

Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.

DEFINITIONS

Affiliate(s) means an entity that controls, is controlled by or is under common control with a party, where “control” means 50% or more of shares, equity interest or other securities entitled to vote for election of directors or other managing authority;

Artificial Intelligence (AI) System or AI Systems means a computer-based technology which is designed to perform tasks that typically require human intelligence. It encompasses a variety of techniques, such as machine learning and natural language processing, enabling the system to learn, adapt and make decisions autonomously.

Content means any information, content, images, video, audio, data, works of authorship, materials, software or technology which may be displayed on, incorporated into, underlying, or used to operate our Site(s);

Cybercrimes Act means the Cybercrimes Act 19 of 2020;

Data Message shall have the same meaning attributed to it in terms of the ECT Act;

ECT Act means the Electronic Communications and Transactions Act 25 of 2002;

Platform means the ResponsAgility website, website application, software platform, assessment tools, workplace simulations, reports, dashboards, databases, content, features, technologies and related services made available by ResponsAgility from time to time, through which Users may administer assessments, invite Players, access reports and make use of related functionality;

Personal Information shall have the same meaning attributed to it in terms of the POPI Act;

Player means an individual who is invited by a User to participate in an assessment, workplace simulation or other activity made available through the Platform, and who accesses the Platform through a unique invitation issued by a User

POPI Act means the Protection of Personal Information Act of 2013;

Service Account means the unique account created and maintained by a User to access and use certain features, functionalities or Services available through the Platform;

Services refers to our website and website application and the services as reflected on our website and promoted via other sites of ours;

Sites refers to our website, website application, platforms or other social network sites we make available to you; and

• Users mean users of our website (including you!) and the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.