CoffeeChat Terms & Conditions of Use & Service
By accessing or using www.coffeechat.co or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Coffee Chat Africa (reg: 162002 C1/GBL) (“CoffeeChat”), a private limited liability company registered and operating in accordance with the laws of Mauritius, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by CoffeeChat.
Please see CoffeeChat’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please pay specific attention to the BOLD paragraphs of the CoffeeChat Terms. These paragraphs limit the risk or liability of CoffeeChat, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify CoffeeChat or is an acknowledgement of any fact by you.
Please read these terms carefully before accessing or using the Website and/or Services. CoffeeChat will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
It is important to note the following:
The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to CoffeeChat or its possession.Not all terms are necessarily defined in order.These terms were last updated on 21 February 2019.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. CoffeeChat provides an online platform providing a range of service providers- and networking-assistance tools, which, amongst other features, allows users to: meet other users, engage other users on professional matters, register as a potential freelancer (“Freelancer”) or potential Freelance user (“Freelance User”), offer services amongst each other (“User Services”) build their unique Website profiles exhibiting their traits using a range of tools made available via the Website (“Profile”), and then use the Website to facilitate an employment or professional relationship between the parties (collectively, the CoffeeChat “Services”).
1.2. Users of the Services can either be natural persons or corporate entities.
1.3. Depending on the exact Services used on the Website, users may need to pay a fee to CoffeeChat, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.
1.4. These Terms explain the conditions applicable to all users, Freelancers, Freelance Users and User Service providers using the Website and/or the Services.
1.5. In order to use many of the Services and/or become a Freelancer, Freelance User or User Service provider, users, whether a natural person or a corporate entity, must register on the Website using the prompted methods, and submit any required information to create a Profile.
1.6. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon CoffeeChat uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.7. Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in aliition to, and shall be deemed incorporated into the Terms for the purpose of the Services.
1.8. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES
2.1. COFFEECHAT PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER NOR EMPLOYMENT OR OTHER ADVISER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH COFFEECHAT HOLDS NO RESPONSIBILITY.
2.2. The Website acts solely as an online directory, online tool provider and information service intended to facilitate the matching of users in order for them to privately form a professional, service or employment relationship. As such, CoffeeChat does not have an employment, agent or broker relationship with any Freelance User, Freelancer, User Service provider or user. Your use of the Website or the Services, as well of any User Services, is entirely at your own risk.
2.3. If a Freelancer is engaged by a Freelance User in a formal service relationship subsequent to their use of the Website, these parties do so entirely at their own risk and via private arrangement, where CoffeeChat is in no way connected at all. The same applies for any User Services provided between users, where same private users using such User Services must conclude a services level agreement (“SLA”) between them, with the SLA either provided by the users themselves or as provided by CoffeeChat, as applicable and available.
2.3.1. Should you require an SLA from CoffeeChat to conclude between users for User Services, please contact email@example.com. Should you make use of the sample SLA provided by CoffeeChat, users understand and agree that the parties do so entirely at their own risk and using their own expertise and volition when doing so, where CoffeeChat will in no way be liable for any obligations or consequences attracted by the parties by using same sample SLA.
2.4. Although Coffeechat carefully curates profiles prior to being placed on the Website and/or on related social media or other internet-based platforms, Coffeechat is not responsible for the, safety, usability, title, non-infringement, merchantability, or fitness for a particular purpose for any product or service obtained or requested using the Website and/or Services or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website or its affiliated platforms.
2.5. Users understand that they or other users may be from jurisdictions which may require regulation of the information and/or actions provided by users via the Website. CoffeeChat does not in any way verify nor confirm the adherence by same users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the services or information from any such regulated user.
2.6. Users understand that CoffeeChat’s provision of its “badge”, past history, ratings and/or reviews systems relating to users is only for the general purposes of preliminary screening and public guidance, where any user using same systems must conduct their own additional screening where of users required, and not rely on CoffeeChat’s general information only.
3. USER REGISTRATION PROCESS
3.1. In order to become a user of many Services, or a Freelancer, Freelance User or User Service provider on the Website and make use of it or the Services, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. Users who are corporate entities can also use the Services and/or Website to offer their own business development services where our applicable software will create an official partner log-in and Profile for such an entity. This corporate Profile needs to be managed by the registering entity official representative and allows the entity to associate itself with individual user accounts who will work on their entity’s behalf and be branded under their enterprise.
3.3 CoffeeChat requires you to submit your full name, e-mail address, date of birth, country of nationality, phone number and other basic information when registering a Profile. Freelancers may then setup aliitional features of their Profile, including aliing a curriculum vitae, their User Service fees, fields of expertise, or other career or skills information, which setup may require further information to be submitted, as prompted by the Website.
3.4. To protect your privacy and security, the Website takes reasonable steps to verify your identity both directly and via third-party services through pictures of your passport, pictures and/or videos of yourself, and clearance across a variety of internation watch lists, amoung other KYC processes required by financial institutions and other partners. in order to grant access to your Profile and data. To view or change your personal information provided, you can visit your personal dashboard and profile page.
3.5. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.
3.6. By submitting your personal information to the Website for its use in a Profile, you consent to CoffeeChat using this information to facilitate a connection between you and another user. This may include exporting a data file with your public profile information to an enterprise during their consultant selection and shortlisting process.
3.7. If you are below the age of 18, you warrant that all of your use of the CoffeeChat platform is with the permission, supervision and responsibility of your guardian or parent. You further warrant that any resulting virtual or in person interactions between you and other users will also be supervised by your guardian or parent at their discretion. Any payments made or sponsorships received under your account will be valid and enforced.
4. THE COFFEECHAT AND USER SERVICES – PROFILES AND FEES
4.1. Users must register a Profile using the relevant tools on the Website, to access the Services.
4.2. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.
4.3. Users cannot freely remove ratings and reviews on the Website, but can report or appeal to CoffeeChat regarding unfair or inappropriate comments.
4.4 Fees owed between users:
4.4.1. As part of the Services, users can advertise and make their own private services available to other users (the User Services), where in some circumstances, users will need to pay a fee to the other user in consideration (“User Fee”).4.4.2. A User Fee for services rendered by that user to another user is distinct from any fee owed to CoffeeChat.4.4.3. All User Fees are paid between users via the CoffeeChat payment gateway, where CoffeeChat is only operating as a limited payment collection agent for the users. Notwithstanding this facilitation by CoffeeChat, any payment of a User Fee made between private users via the Website is to be considered a direct payment between the private users. CoffeeChat is in no way involved in the private transaction between users, and as such, the provider of the User Services is considered the seller of the services, and the purchaser of the User Services is considered the buyer, which parties have their own legal obligations as per their specific role in their private transaction.4.4.4. CoffeeChat will in no way be liable for any consequences arising out of a user’s use of a payment gateway facilitated via the Website, where users indemnify CoffeeChat against any and all losses or consequences arising out of their use of same payment services (such as payment delays, exchange rate fluctuations, loss of interest, or otherwise). Please be aware that when using same payment gateway, such gateway provider may have their own applicable terms and conditions of use, to which you understand and agree to be subject.4.4.5 Unless otherwise noted, prices will be quoted in United States Dollar and a standard invoice will be provided by CoffeeChat on behalf of the Freelancer.4.4.6. Should a User seek to cancel a payment or seek partial refund, they must report the issue and reason through an on-site reporting feature or directly via email to firstname.lastname@example.org within 48 hours of the cause arising. A refund of up to 100% of the User Fee (but never the Success Fee) may be issued following a review by CoffeeChat of the disputed service agreement. Once the User has provided a review and rating, there will be no possibility of a refund.4.4.7. Freelancers must provide their bank account details to CoffeeChat and payment gatewway in order for payments to be made, only after the User has confirmed that the service agreement component(s) have been delivered.4.5. Fees owed to CoffeeChat:
4.5.1. Many of the Services are free to use on the Website, but the use of some of the Services requires the payment of a fee to CoffeeChat as a commission for providing its platform and the Services.4.5.2. User must pay a fee to CoffeeChat when requesting a paid service from a Freelancer (“Success Fee”). The following details the Success Fee payable by User, and the various considerations which might affect the Success Fee amount to be paid:126.96.36.199 an amount of 20% (unless otherwise noted) of the User Fee plus VAT (where applicable) shall become payable by User to CoffeeChat upon completion of User Service Level Agreement e-contract;
4.6. CoffeeChat will invoice the user every time such a Success Fee is acquired by CoffeeChat, where same invoice will be sent to that relevant user’s provided email address.
4.7. For further information on the current Services available generally or applicable to you, please contact email@example.com who will gladly assist.
4.8. To terminate your use of the Services or the Website, please see clause 16 below.
4.9. CoffeeChat may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you.
5. PAYMENT BY USERS FOR COFFEECHAT SERVICES AND USER SERVICES
5.1. In return for providing the CoffeeChat Services to the User, the User will pay the Success Fee to CoffeeChat as fair and due consideration.
5.2 All amounts stated shall attract Value Alied Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law.
5.3 Any CoffeeChat Success Fee/s levied by CoffeeChat from the User are final and non-refundable, unless otherwise determined by CoffeeChat in accordance with relevant applicable legislation.
5.4 All payments of Success Fees, User Fees or otherwise to CoffeeChat are processed through our authorized third-party payment gateway provider, “DPO” (3G Direct Pay Limited).
5.4.1. CoffeeChat is committed to providing secure online payment facilities. All transactions, as processed by CoffeeChat’s licenced providers, are encrypted using secure socket layer technology (SSL) and stored with encryption.5.4.2. DPO is incorporated and registered in Ireland, whose registered office is at 3rd Floor, Ulysses House Foley street, Dublin 1, Ireland.5.4.3. You agree and understand that when using the services of DPO, you will be subject to their own terms and conditions, which you agree to be bound by.
5.5. CoffeeChat reserves the right to establish, remove and/or revise any fees or Success Fee for any or all services obtained through the use of the Services at any time in CoffeeChat’s sole discretion. CoffeeChat will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees, charges or Success Fee properly incurred under your Profile.
5.6. You may contact CoffeeChat via email at firstname.lastname@example.org to obtain a full record of your statement with CoffeeChat. In addition, your user dashboard will allow you to view and download your historical invoices and payments on the Website.
5.7 Non-Solicitation of Freelancers and/or Freelance Users: Unless there has been prior agreement in writing between the parties before joining the CoffeeChat platform, the Freelance User and Freelancer agree that it will not directly contact or attempt to contract each other or in any way attempt to circumvent CoffeeChat by procuring any item or service in respect of the Services directly from any Freelancers. The Freelance User understands that any breach of this provision or any attempt to contract any of the CoffeeChat’s Freelancers directly will cause financial damage to the CoffeeChat, which will be recoverable by way of a claim for damages against CoffeeChat.
6. USER RESPONSIBILITIES AND WARRANTIES
6.1. By using the Website and/or the Services, you warrant that:
6.1.1. you have read and agreed to these Terms and will use the Website in accordance with them;6.1.2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;6.1.3. your use of the Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per any applicable country’s legislation to which you are required to adhere to (such as providing advice which could constitute regulated “financial advice” under your country’s laws to which you are subject), and indemnify CoffeeChat from any liability accrued by virtue of your use of the Website and/or Services and/or actions perpetrated thereon;6.1.4. you will timeously pay any due fees to either or both CoffeeChat and/or another user when required to do so under these Terms;6.1.5. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Services;6.1.6. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in CoffeeChat’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;6.1.7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;6.1.8. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where CoffeeChat is not liable at all for such payment of any such tax, duty or VAT on your behalf;6.1.9. you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;6.1.10. you will not use the Website platform for any commercial purpose other than as expressly provided for by CoffeeChat and the Terms;6.1.11. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and/or6.1.12. facilitate or assist any third party to do any of the above.
6.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
6.3. Without prejudice to any of CoffeeChat’s other rights (whether at law or otherwise), CoffeeChat reserves the right to deny you access to the Website or the Services where CoffeeChat believes (in its reasonable discretion) that you are in breach of any of these Terms.
6.4. CoffeeChat does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
7. RECEIPT AND TRANSMISSION OF DATA MESSAGES
7.1. Data messages, including e-mail messages, sent by you to CoffeeChat will be considered to be received only when acknowledged or responded to.
7.2. Data messages sent by CoffeeChat to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
7.3. CoffeeChat reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
7.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. CoffeeChat is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between CoffeeChat and a user, or between users.
8. HYPERLINKS, DEEP LINKS, FRAMING
8.1. The Website may include links to other internet sites ("the other sites"). CoffeeChat does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites. The Website may also include links or preview-images posted in private message chats between users, by a user themselves, for which the relevant user is responsible, and not CoffeeChat.
8.2. CoffeeChat does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to email@example.com to request the removal of such content.
8.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.
9. ADVERTISING AND SPONSORSHIP
9.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
9.2. CoffeeChat, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
10. INTELLECTUAL PROPERTY PROTECTION
10.1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, user reviews, user-generated ratings, Website-generated ratings, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and CoffeeChat in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by CoffeeChat, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
10.2 Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of CoffeeChat first being granted, which consent may be refused at the discretion of CoffeeChat. No modification of any intellectual property or editorial content or graphics is permitted.
10.3. CoffeeChat reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in a Success Fee, or any other fees, will not be affected by such suspension or termination (as the case may be).
10.4. Where any of the Website intellectual property has been licensed to CoffeeChat or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
10.5. Subject to adherence to the Terms, CoffeeChat grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of CoffeeChat.
10.6. Any enquiries regarding any of the above relating to intellectual property must be directed to CoffeeChat at firstname.lastname@example.org
11. PRIVACY AND PERSONAL INFORMATION POLICY
11.2 Should you decide to register with or function as a user on the Website and/or use any CoffeeChat Services, you thereby expressly consent to, and opt-in to CoffeeChat collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):
11.2.1. Information provided by the user. CoffeeChat collects personal information (that is information about the user that is personally identifiable like the user’s name, address, age, gender, email address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting/payment gateway account information, service preferences and contact preferences that are not otherwise publicly available); and11.2.2. Information that is collected automatically. CoffeeChat receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 11.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embelied web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
11.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. CoffeeChat is however under no obligation to ensure that your personal information or other information supplied by you is correct.
11.4 You warrant that the personal information disclosed to CoffeeChat is directly from you as the user on the Website or in connection to the services, and all such personal information is lawfully yours to provide.
11.5 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
11.6 Any processing of your personal information will be reserveoly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or Services, and you have consented to this, but we will not, without your express consent:
11.6.1. use your personal information for any purpose other than as set out below:188.8.131.52. in relation to the provision to you of the Services and/or access to the Website;184.108.40.206. to contact you regarding current or new services or any other product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);220.127.116.11. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and18.104.22.168. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
11.6.2. disclose your personal information to any third party other than as set out below:22.214.171.124. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;126.96.36.199. to other users who are using the Services and who need your information in order to use the Services themselves;188.8.131.52. to our third-party email and communication service providers to provide you with correspondence relating to your use of the Website and/or Services;184.108.40.206. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);220.127.116.11. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and18.104.22.168. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
11.7. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, CoffeeChat is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
11.8. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than CoffeeChat’s in relation to your personal information.
11.9. We will:
11.9.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;11.9.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;11.9.3. provide you with reasonable access to your personal information to view and/or update personal details;11.9.4. Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;11.9.5. Provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and11.9.6. Upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Service functionality might be lost if certain personal information is amended or destroyed).
11.10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with CoffeeChat. As such, we may retain your personal data in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
11.11. CoffeeChat undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
11.12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.
11.15 The user is entitled to request access to any relevant personal data held by CoffeeChat and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with CoffeeChat.
11.16. Users with citizenships from jurisdictions other than of South Africa and Mauritius, please note that CoffeeChat complies with all South African and Mauritian data protection laws when processing your personal information pursuant to the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact CoffeeChat at email@example.com to engage you on its application and your rights.
11.16.1. For Data Subjects in the EU:22.214.171.124. We have appointed GDPR-Rep.eu as representative according to Article 27 of the EU’s General Data Protection Regulation (“GDPR”). If you want to make use of your GDPR data privacy rights, please visit: https://gdpr-rep.eu/q/124797126.96.36.199.2. Coffee Chat Africa is a company located outside of the European Union (“EU”). In order to comply with Article 27 of the GDPR, GDPR-Rep.eu has been nominated as our representative in the EU. If you want to make use of your data privacy rights, please visit our public Privacy dashboard.188.8.131.52. To contact our GDPR representative, please contact GDPR-Rep.eu using the following details, and with the following information: GDPR-Rep.eu, Maetzler Rechtsanwalts GmbH & Co KG, Attorneys at Law, c/o Coffee Chat Africa, Schellinggasse 3/10, 1010, Vienna, Austria. Please add the following subject to all correspondence: GDPR-REP ID: 12479722
11.17. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not CoffeeChat.
11.18. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
11.19 By accepting these Terms, you have opted in to receive emails from CoffeeChat, where your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
11.20. CoffeeChat agrees not to use the users’ provided email address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
11.21. You have the right to opt out of receiving email communication by following the directions posted on every email communication.
11.22. CoffeeChat may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.
11.23. CoffeeChat will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of CoffeeChat, its affiliates or the public. CoffeeChat may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
11.24. CoffeeChat reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, CoffeeChat will notify you beforehand.
11.25. Circumstances may arise where, whether for strategic or other business reasons, CoffeeChat decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is CoffeeChat’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these Privacy terms.
11.26. CoffeeChat strives to keep the user’s personal information accurately recorded. CoffeeChat provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact firstname.lastname@example.org to engage CoffeeChat on such actions or requests.
11.28. The user is entitled to request access to any relevant personal data held by CoffeeChat and where such access is necessary for you to exercise and/or protect any of the user’s rights.
11.29. Users may request CoffeeChat to review the personal information which it holds and may request for CoffeeChat to delete such information. The deletion of any information may result in certain Website services being unavailable.
12. DISCLAIMERS AND WARRANTIES
12.1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". CoffeeChat makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
12.2. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not CoffeeChat. While CoffeeChat makes every reasonable effort to present such information accurately and reliably on the Website, CoffeeChat does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user.
12.3. CoffeeChat, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom.
12.4. CoffeeChat, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.
12.5. Users from locations outside of South Africa and Mauritius, please note that CoffeeChat complies with all South African and Mauritian laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify CoffeeChat from any liability it may acquire by virtue of its supply of the Website and/or Services. Please contact CoffeeChat at email@example.com to engage you on any foreign-law application.
12.6. CoffeeChat takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, CoffeeChat does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
13.1. The user indemnifies and holds harmless CoffeeChat, members, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Services offered or concluded through the Website in any way.
13.2. The user agrees to indemnify, defend and hold CoffeeChat harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Service and for breach of these Terms.
13.3. This clause will survive termination of this agreement.
14. COMPANY INFORMATION
14.1. Site owner: Coffee Chat Africa
14.2. Company type: Category 1 Global Business
14.3. Registration Number: 162002
14.4. Director: Christopher Suzdak
14.5. Description of main business: Freelance marketplace
14.6. Telephone number: +230 54921670
14.7. E-mail address: firstname.lastname@example.org
14.8. Website address: www.coffeechat.co
14.9. Physical address: C/O MATCO Limited, 11th Floor, Tower 1, Nexteracom Building, Cybercity, Ebene, Mauritius
14.10. Postal address: Same as above
14.11. Registered address: Same as above
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
15.2. Disputes between Users:
15.2.1. Should any dispute, disagreement or claim arise between users concerning the User Services or services acquired from another user, the users concerned shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.15.2.2. As this dispute is a private one between two privately transacting parties, the users may decide on their own methods of resolving their dispute, in accordance with all applicable South African law. CoffeeChat is not in any way obligated to become involved in this dispute, but it may, in its discretion, become involved and assist the users in resolving such issues for the interests of all parties, including its own.
15.3. Disputes between the user and CoffeeChat:
15.3.1. Should any dispute, disagreement or claim arise between a user and CoffeeChat concerning the use of the Website or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.15.3.2. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.15.3.3. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by CoffeeChat. Arbitration proceedings shall be conducted in Cape Town, South Africa in English.15.3.4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
15.4. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
16. TERMINATION OF USE OF WEBSITE OR SERVICES
16.1. IN ADDITION TO THE RIGHTS ABOVE, COFFEECHAT RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT COFFEECHAT GIVES REASONABLE NOTICE TO YOU.
16.2. If you wish to terminate the agreement with CoffeeChat, or end your use of the Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
16.3. The obligations and liabilities of the parties 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, including the payment of any Success Fee or User Fee which was due and payable before termination.
16.4. In the event of cancellation of your agreement with the Terms and with CoffeeChat, CoffeeChat will remove you from the Website and delete your Profile.
17. NOTICES AND SERVICE ADDRESS
17.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
17.1.1. in the case of CoffeeChat, at email@example.com; or17.1.2. in the case of the user, at the e-mail and addresses provided by the user to CoffeeChat in the registration process.
17.2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or aliition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
18.2. No indulgence, leniency or extension of time granted by CoffeeChat shall constitute a waiver of any of CoffeeChat’s rights under these Terms and, accordingly, CoffeeChat shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
Words importing the singular will include the plural and vice versa.
18.3. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
18.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
18.5. The user’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
18.6. Should you have any complaints or queries, kindly address an e-mail to firstname.lastname@example.org advising CoffeeChat of same.
18.7. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by CoffeeChat in relation to the payment failure or breach.
18.8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
18.9 No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8 mutatis mutandis.
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Accelerate your growth at half the cost of traditional 1-on-1 coaching with access to our global pool of coaches and experts who specialize in leadership, resilience, strategy, marketing and career advancement.
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