Terms of Service

PEx Recovery Solutions Ltd., Project Exodus SA NPC & Exodus Recovery Applications

Introduction

  1. These Terms of Service (“Terms”) shall create a legal agreement between you (“you” or “your”) and PEx Recovery Solutions Ltd (herein referred to as “PROJECT EXODUS”, “we”, “our” or “us”) and shall govern your access to and use of our Services, as defined herein.

  2. By using and accessing the Services, you herewith agree to be bound by these Terms and to access and use the Services in accordance with these Terms, the PROJECT EXODUS Privacy Policy and any additional terms and conditions that may apply to specific Services or Content, as may be indicated in relation to such specific Services or Content as may be applicable from time to time. 

  3. The act of accessing and using the Services constitutes your agreement to be bound by these Terms.

  4. You are responsible for your use of the Services, which you must access and use only in compliance with these Terms and all applicable South African and international laws, rules and regulations. You may use the Services only if you are legally entitled to conclude a binding contract with PROJECT EXODUS and in this regard your agreement to these Terms constitutes confirmation that you are at least 18 years of age. If you are younger than 18 years old, you are not legally entitled to conclude a binding contract with PROJECT EXODUS and you will need the assistance of your parent or legal guardian, who must review and agree to these Terms on your behalf to enable you to access and use the Services.

No medical advice  

  1. Nothing in the Services purports to provide any medical advice, diagnosis or treatment and you acknowledge and agree that, by accessing such Services, you do not regard it as being medical advice, a diagnosis or treatment of any kind. 

  2. You are advised to seek the advice of a doctor or qualified healthcare provider in respect of your personal health and medical conditions. Immediately contact your nearest doctor or qualified healthcare provider should you suspect that you have a medical condition or problem.

Services 

  1. The PROJECT EXODUS Services (collectively the “Services”) comprise, singly or in combination:

    1. in-person services including education, training, mentorship, outpatient, group facilitation, recovery coaching and counselling services delivered in person or online, including by way of our websites, messaging services (such as WhatsApp™ and Telegram™) and social media platforms (such as Facebook™ and Instagram™);

    2. information, text, graphics, photos, audiovisual material, data and any other materials and content (collectively “Content”) uploaded, downloaded or appearing on or in relation to our in - person services, our websites, mobile apps and the messaging services and social media platforms used to deliver, describe and illustrate the Services; and

    3. software – as – a - service, including the computer programs incorporated in our websites and the messaging services and social media platforms used to deliver, describe and illustrate the Services (collectively the “Software”).

License grant 

  1. PROJECT EXODUS hereby grants you a personal, territorially unrestricted, non - exclusive, non - transferrable license to use the Services, the Software and the Content for the duration of this Agreement, which license you accept by using and accessing the Services.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

  1. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

  2. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

  3. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

  4. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

  5. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  7. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

  8. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  9. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Terms of use 

  1. It is a condition of your access to and use of the Services that you shall not, without the prior written consent of PROJECT EXODUS, either directly or indirectly, through or in conjunction with a third party: 

    1. copy the Services except as may be necessary to access and use the Services on your computer/s or mobile device/s, in the normal course and as intended by PROJECT EXODUS; 

    2. dispose of any disposable item forming part of the Services to any third party in any way including letting, renting or transferring the Software, the Content or any part thereof to any third party;

    3. sub - license, assign, cede or delegate any right in or to the Services or any right granted in this Agreement;

    4. delete or remove any proprietary notice, label or mark from any marked item forming part of the Services; 

    5. reverse engineer the Software, in whole or in part;

    6. derive or attempt to derive any normally concealed source code forming part of the Software;

    7. adapt, modify or create any derivative work based on any item or Service forming part of the Services, including the Software or any Content, in whole or in part;

    8. make the Services available to any third party, including incorporating or retaining the Services in computer equipment disposed of by you;

    9. use the Services if you are under the age of 18 years, unless you have the express permission of your parent or legal guardian;

    10. use the Services, in whole or in part, for any reason other than the purpose intended;

    11. use the Services for any reason other than personal and private use; and/or

    12. interfere with or impair any other person’s use or enjoyment of the Services in any manner.

Access

  1. The Services are accessed and used by entry of your Services account login credentials, including your username and password. It is a condition of your access to and use of the Services that you shall take all steps necessary to protect your Services account login credentials and keep them secret and that you shall not disclose your login details to anyone else or allow anyone else to use your login credentials or account.

  2. If you fail to keep your login credentials secret, or if you share your login credentials or Services account with someone else (whether intentionally or unintentionally), you accept full responsibility for any and all consequences arising therefrom, including any unauthorised purchases and you agree to compensate PROJECT EXODUS in full for any losses or harm that it may suffer as a result. 

  3. You acknowledge and agree that PROJECT EXODUS will not be responsible to you for any loss you might suffer as a result of an unauthorised person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from unauthorised use, whether fraudulently or otherwise.

  4. With the exception of Services specifically marked as single device Services, you will be entitled to install, use and access the Services non - concurrently on multiple devices — the Services typically do not allow multiple concurrent access.  

  5. We reserve the right to create limits on use and storage of Services and Content at our sole discretion and at any time, without prior notice to you.

Development

  1. PROJECT EXODUS and the Services are constantly innovating and evolving. We reserve the right to modify, adapt or discontinue any Service or part of a Service temporarily or permanently, on notice to you or otherwise.

Privacy

  1. Your use of the Services and any information you provide to us in the course of accessing and using the Services is and shall be subject to our Privacy Policy, which governs our collection, access to and use of such information.

  2. Your access to and use of the Services constitutes your agreement that you consent to the collection of your Personal Information, as set out in the Privacy Policy. This includes the transfer, storage, processing and use of such information by us in accordance with our Privacy Policy.

  3. The Software is programmed to communicate automatically with our servers for the purposes of:

    1. Automatic Software updates

      The Software is programmed to send and receive information relating to the Services to and from PROJECT EXODUS’ computers for purposes of updating the Software, typically automatically and without notification to you.    

    2. Error reporting and correction 

      In the event that your access to and use of the Services reveals any software error, the Software is programmed to send information to and from PROJECT EXODUS’ computers for purposes of reporting and analysing the error and, if appropriate, correcting the error automatically, typically automatically and without notification to you.

    3. Anonymised usage data 

      The Software collects data about your access to and usage of the Services to assist in improving the Software. The data is anonymised for statistical purposes in that the Software removes identifying particulars from the data that might establish your identity.

  4. The features referred to in clause 8.3 may not be disabled. Your access and use of the Services constitutes your consent to such communication and updating and your agreement, specifically, that the Software may be used, automatically and without notice to you, to communicate with the computer/s or mobile device/s you use to access the Services, install Software updates, identify, analyse and correct errors in the Software and collect anonymized usage data in and from the computer/s or mobile device/s, without your further notice or additional consent being required.

Intellectual property rights 

  1. Your access to and use of the Services constitutes your acknowledgement and consent that the intellectual property and any and all rights in and to the intellectual property used or embodied in the Services, including without limitation, copyright, trade mark rights and rights of confidentiality, are and will remain vested in PROJECT EXODUS absolutely and as the exclusive proprietor of such intellectual property and intellectual property rights.

  2. The Services and the trade marks and markings (collectively “Trade Marks”) used on and in relation to the Services as well as the proprietary terms and commands used in and in conjunction with the Software are proprietary to PROJECT EXODUS and forms part of the PROJECT EXODUS intellectual property and intellectual property rights.  

  3. Your access to and use of the Services constitutes your agreement and undertaking not to infringe the PROJECT EXODUS intellectual property rights nor to assist any third party in doing so.

Disclaimer of warranty 

  1. The Software is provided “as is” and without warranty of any kind, express or implied. We specifically disclaim warranties of merchantability, fitness for a particular purpose and non-infringement of third - party rights. 

  2. We do not warrant that the Services will meet your requirements, render a particular outcome or that the Services will be uninterrupted, timely, secure or error-free.

Limitation of Liability 

  1. PROJECT EXODUS shall in no event be liable and you undertake not to hold nor purport to hold PROJECT EXODUS liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Services, even if we have been advised of the possibility of such damages.  

  2. You agree that PROJECT EXODUS shall not be liable to you or to any third party for any modification or discontinuance of any Service or for any losses or damages that may result to you or any third party from such discontinuation or interruption.

Updating of these Terms of Service 

  1. We reserve the right to amend (by addition, alteration or deletion) all or part of these Terms from time to time.  An amendment to these Terms will become effective upon such amendment being posted on our website and a reference herein to “this Agreement” shall automatically be deemed to be a reference to the Terms as amended.  

  2. By accessing and using the Services, you are bound to the version of the Terms current at the time of access and use and in the event of these Terms being updated or amended, your continued use of the Services will be deemed conclusively, to constitute notice of your acceptance to abide by and be bound by the amended Terms.  

Territory of use 

  1. The Services are not intended for access from or use in any particular country or territory. However, PROJECT EXODUS makes no representation that the Services, including the Software and/or the Content are applicable to, appropriate for, or available to users in all locations. 

  2. Access to and use of the Services from or in any territory or country where any of the Services are illegal is prohibited. If, in a situation such as this, you choose to access and use the Services, you do so on your own risk and initiative and you shall be responsible, entirely, for compliance with the laws and regulations applicable to the territory or country in issue.

Payment for the Services 

  1. Your access to and use of the Services constitutes your agreement to pay any fees due for and incurred by your use of any Services that require payment or a subscription (“Paid Services”). 

  2. You agree to pay all fees and other charges incurred in connection with your use of the Paid Services. If you want to discontinue a Paid Service, you must cancel that Paid Service in accordance with the cancellation procedures applicable to that Paid Service. The cancellation of a Paid Service will come into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided upon cancellation.

Termination

  1. We may suspend or terminate your right to use our Services at any time in the event that you breach these Terms, in our sole discretion and without prior notice to you.

General

  1. This Agreement constitutes the entire and sole agreement between you and us relating to the Services and supersedes and replaces all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of the subject matter hereof. 

  2. This Agreement will be governed by and be interpreted in accordance with the law of the Republic South Africa and the Courts of the Republic of South Africa with competent jurisdiction will have jurisdiction over all matters arising out of this Agreement, its interpretation, its validity and the settlement of disputes arising out of this Agreement.