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Terms of use

Terms of Use:

Definitions

  1. In these Terms:

    1. "ECT Act" refers to the Electronic Communications and Transactions Act 25 of 2002;

    2. "Stratfinn Simple" refers to Stratfinn Simple (Proprietary) Limited, operating as "Stratfinn Simple," the owner of the Website;

    3. "Intellectual Property" encompasses patents, trademarks, designs, logos, trade or business names, trade secrets, know-how, and copyright, whether registerable or not, and any modifications or additions thereto;

    4. "Income Tax Act" is the South African Income Tax Act, No. 58 of 1962;

    5. "the Website" denotes the website accessible at http://www.stratfinnsimple.com, https://www.stratfinnsimple.com, http://www.stratfinnsimple.co.za, and all content therein, including text, images, software, databases, and graphic design elements, excluding links to external third-party websites;

    6. "Party/parties" signifies Stratfinn Simple and the User, or either of them as context dictates;

    7. "SARS" stands for the South African Revenue Service;

    8. "Service" encompasses any tax-related or finance-related service provided by Stratfinn Simple through the Website;

    9. "Tax Administration Act" refers to the Tax Administration Act, No. 28 of 2011;

    10. "Tax Return" includes tax return forms ITR12;

    11. "Tax Practitioner" denotes any tax practitioner engaged by Stratfinn Simple to provide electronic feedback as outlined in clause 40;

    12. "Terms" denotes these terms and conditions, inclusive of any annexures;

    13. "Stratfinn Simple service" refers to the service offered by Stratfinn Simple for submitting Users' Tax Returns to SARS via the Website and eFiling;

    14. "User" refers to:

      • Any person accessing any part of the Website, including the home page; or

      • Any person who has registered with Stratfinn Simple through the Website to utilize Services, where "you" indicates the User in their capacity as such.

  2. Clause headings in these Terms are for convenience only and do not influence interpretation.

  3. References to:

    1. The singular include the plural and vice versa;

    2. Any gender encompass other genders; and

    3. A natural person include a juristic person and vice versa.

  4. "Days" refers to calendar days, and any prescribed time period in these Terms excludes the first and includes the last day.

  5. "Including" means "including without limitation." Its use, followed by specific examples, does not restrict the preceding general wording's meaning.

  6. Expressions defined in these Terms carry the same meanings in any schedules or annexures without conflicting definitions.

 

PART 1 - USE OF THE WEBSITE

Agreement

7. BY ACCESSING AND USING THE WEBSITE, THE USER CONSENTS TO ABIDE BY THESE TERMS, INCLUDING ANY PUBLISHED PRIVACY, ACCEPTABLE USE, OR OTHER POLICIES. 8. IF YOU DISAGREE WITH THESE TERMS, EXIT THE WEBSITE IMMEDIATELY. FAILURE TO DO SO INFERS YOUR INTENT TO BE BOUND BY THESE TERMS AS PER SECTION 24 OF THE ECT ACT.

9. In case of inability to access these Terms via any provided link on the Website, request a manual copy from admin@stratfinnsimple.com.

 

Website Use

10. Users agree not to:

  1. Upload, post, or transmit unlawful, harmful, abusive, defamatory, or obscene content or content that invades privacy or constitutes harassment or hate speech;

  2. Impersonate any person connected to the Website or misrepresent association with them;

  3. Disguise the origin of communications or content;

  4. Infringe intellectual property rights or upload restricted content;

  5. Engage in unsolicited, unlawful, or unauthorized marketing, including spamming;

  6. Transmit malicious code disrupting Website operation;

  7. Collect or store other Users' data;

  8. Conduct commercial activities without Stratfinn Simple's written consent.

 

No Offer

11. Content on the Website should be seen as invitations to do business, not offers.

User Rights under the ECT Act

12. Purchase and sale of Services may be electronic transactions under the ECT Act. Consumer Users have rights outlined in Chapter 7 of the ECT Act.

13. Stratfinn Simple provides required information under section 43 of the ECT Act, including owner details and contact information.

 

Security and Monitoring

15. While Stratfinn Simple endeavors to protect Website accessibility and integrity, it is not liable for damages caused by malicious Website use or harmful data passed to Users.

16. Users agree not to gain unauthorized access, intercept data, interfere with data, or circumvent security measures. Stratfinn Simple may monitor electronic communications for security and legal compliance.

 

Intellectual Property Rights

18. All Intellectual Property rights belong to or are licensed to Stratfinn Simple. Users agree not to claim rights to Intellectual Property.

19. Third-party advertisements or material on the Website retain their Intellectual Property rights.

20. Unauthorized use of the "Stratfinn Simple" name and logo is prohibited without written permission.

Advertising, Sponsorship, and Social Media

22. Stratfinn Simple is not responsible for errors in third-party advertisements on the Website.

23. Stratfinn Simple does not necessarily endorse products or services advertised on the Website.

24. Stratfinn Simple is not liable for content on social media linked to the Website.

Cookies

25. Stratfinn Simple may use cookies to improve Services and tailor content. Cookies do not gather personal information without consent.

26. Cookies may be used for various purposes, including recognizing devices and providing personalized content.

 

Search Technology

28. Stratfinn Simple provides search functionality on the Website but does not guarantee its suitability or accuracy.

29. Automated searches of the Website without permission are prohibited.

30. Unlawful use of search technology obstructing Website operation is strictly prohibited.

 

Hyperlinks, Deep Links & Framing

31. Permission to link to the Website is granted without liability but may be withdrawn.

32. Hyperlinks to third-party websites are provided without endorsement, and Users access them at their own risk.

33. Framing the Website requires express written permission from Stratfinn Simple.

 

Termination of Website Access

Stratfinn Simple retains the authority, at its sole discretion and without prior notice, to terminate any User's access to and utilization of the Website. This termination may occur due to any User action or inaction that breaches these Terms, or because of circumstances beyond Stratfinn Simple's reasonable control, such as technical failures, or for any other lawful reason.

PART 2 - Service Utilization

Privacy and Confidentiality of Communications

34. Stratfinn Simple may occasionally gather personal information about Users to facilitate the provision of Services.

35. Your personal information will only be used for Service provision with your explicit consent. Stratfinn Simple will not share your personal information with any third parties not involved in Service provision without your written consent.

36. Stratfinn Simple respects Users' privacy regarding personal information. Additional details are available in the Privacy Policy.

37. By providing contact details, Users consent to being contacted via those methods for Service updates. Stratfinn Simple also sends newsletters informing Users of new features and relevant events.

38. Users can unsubscribe from mailing lists administered by Stratfinn Simple by using the provided unsubscribe link or contacting the Stratfinn Simple Helpdesk.

Registration

39. To access any Service, Users must register an account with Stratfinn Simple.

 

40. When registering an account, Users agree to:

  1. Provide accurate information, including a unique username and password;

  2. Use registration details for single-user access only and not share credentials with others;

  3. Not impersonate others or use false information during registration;

  4. Regularly update registration information.

 

Nature of Services

41. Stratfinn Simple provides electronic feedback and information through the Website, SMS, or email to Users during Service provision.

 

This feedback may consist of:

  1. Automated responses based on User inputs;

  2. Responses from Tax Practitioners to User queries;

  3. Responses from SARS related to User activities.

  4. User acknowledges that electronic feedback provided does not constitute formal tax advice, except for Tax Return submissions via the Stratfinn Simple service.

  5. Users can engage a Tax Practitioner for tax-related services by contacting Stratfinn Simple for advisor details.

  6. Stratfinn Simple does not engage with SARS on behalf of Users, except for Tax Return submissions via Stratfinn Simple service.

  7. Users authorize Stratfinn Simple to act as their Registered Tax Practitioner for Tax Return submissions via Stratfinn Simple service.

  8. Stratfinn Simple conducts all customer support and communication online, not via telephone calls unless crucial.

 

Modification and Termination of Services 47. Stratfinn Simple reserves the right to:

  1. Modify, add, or remove Service features for any reason;

  2. Suspend or cancel Service provision for any reason.

 

Payment for Services 48. Stratfinn Simple accepts payments for Services via:

  1. Credit or debit cards;

  2. Stratfinn Simple coupon codes/vouchers;

  3. Loyalty program credentials;

  4. Electronic funds transfers.

  5. For electronic funds transfers:

  • Full payment as displayed on the Website is required;

  • Payment must include the displayed Service reference number;

  • Payment is confirmed upon receipt of suitable proof within 3 days.

  • Services will be cancelled if payment is not received within the specified timeframe.

 

Note: VAT at 15% is not levied as yet.

 

User Warranties

50. Users warrant that:

  1. They are natural persons;

  2. They are "Residents" as defined in the Income Tax Act;

  3. All information provided during Service usage is accurate and complete.

 

PART 3 - GENERAL

 

Disclaimers

51. THE ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS, AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE." STRATFINN SIMPLE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING THE ACCURACY OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED WITHIN IT.

52. BY ACCESSING AND USING THE WEBSITE, INCLUDING DOWNLOADING ANY MATERIAL FROM IT, USERS AGREE THAT THEY DO SO AT THEIR OWN RISK. USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR INFORMATION SYSTEMS OR LOSS OF DATA RESULTING FROM SUCH ACCESS AND USE.

53. The Services are delivered with a commercially reasonable level of skill and care. Aside from what is expressly outlined in these Terms, Stratfinn Simple makes no warranties regarding any Service. The Services are provided "as is."

 

Limitation of Liability

54. Information provided by users is assumed to be accurate and correct, and Stratfinn Simple will not be held liable under any circumstances for errors or omissions in user-provided information. While every effort is made to prevent errors on the part of Stratfinn Simple, any errors attributable to Stratfinn Simple will be rectified upon discovery, with no liability on the part of Stratfinn Simple.

55. USERS CONFIRM AND AGREE THAT ANY CONTENT AND INFORMATION ON THE WEBSITE IS NOT SPECIFICALLY COMPILED TO MEET THEIR INDIVIDUAL NEEDS. USERS ARE RESPONSIBLE FOR ENSURING THAT ACCESSED CONTENT AND INFORMATION ARE SUITABLE FOR THEIR REQUIREMENTS. IF UNSATISFIED, USERS' SOLE REMEDY IS TO CEASE ACCESSING AND USING THE WEBSITE AND/OR SERVICES.

56. Information, ideas, and opinions expressed on the Website or through any Service do not constitute professional advice or the official opinion of Stratfinn Simple, its directors, officers, employees, suppliers, service providers, publishers, partners, affiliates, and agents. Users are solely responsible for any actions taken based on such information, ideas, and opinions.

57. The provision and use of any Service do not establish a professional relationship between Stratfinn Simple and the User, or between any Tax Practitioner and the User.

58. STRATFINN SIMPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, PUBLISHERS, SUPPLIERS, ISPS, PARTNERS, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, PENALTIES, OR LIABILITIES OF ANY KIND, ARISING DIRECTLY OR INDIRECTLY FROM: 1. THE USE OF, OR INABILITY TO USE, THE WEBSITE IN ANY MANNER; 2. THE PROVISION OF ANY SERVICE BY STRATFINN SIMPLE TO A USER. PARTICULARLY, STRATFINN SIMPLE WILL NOT BE LIABLE FOR: 1. ACCESS TO OR TRANSMISSION OF DATA MESSAGES VIA THE WEBSITE, PROVIDED STRATFINN SIMPLE DID NOT INITIATE THE TRANSMISSION OR MODIFY THE DATA; 2. TEMPORARY STORAGE OF DATA TRANSMITTED VIA THE WEBSITE FOR EFFICIENT ONWARD TRANSMISSION; 3. STORAGE OF DATA WHERE STRATFINN SIMPLE IS UNAWARE OF INFRINGEMENT; 4. REFERRAL OR LINKING TO INFRINGING CONTENT UNLESS STRATFINN SIMPLE IS AWARE OF INFRINGEMENT AND FAILS TO REMOVE THE REFERENCE OR LINK; 5. PENALTIES OR CHARGES LEVIED BY SARS ON A USER REGARDING TAX AFFAIRS.

 

Indemnity

59. USERS UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY STRATFINN SIMPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, PUBLISHERS, SUPPLIERS, ISPS, SERVANTS, SUB-CONTRACTORS, PARTNERS, SUBSIDIARIES, AND AFFILIATES FROM ANY DEMANDS, ACTIONS, OR PROCEEDINGS, INCLUDING ATTORNEYS' FEES (ON AN ATTORNEY AND OWN CLIENT SCALE) AND RELATED COSTS, MADE BY THIRD PARTIES ARISING DIRECTLY OR INDIRECTLY FROM: 1. USER'S USE OF THE WEBSITE, OR THIRD-PARTY WEBSITES LINKED TO IT, OR ANY CONTENT OFFERED THROUGH THESE SITES; 2. THE PROVISION OF ANY SERVICES BY STRATFINN SIMPLE TO THE USER.

 

Applicable Law and Jurisdiction

60. The law applicable to these Terms, their interpretation, and any matters arising from them will be the law of the Republic of South Africa.

61. The Website is owned, hosted, and maintained within the Republic of South Africa.

62. When using the Website and agreeing to these Terms, such actions are deemed to have occurred in Johannesburg, South Africa.

 

Dispute Resolution

63. Any disputes arising from these Terms, including their interpretation, execution, termination, or cancellation, shall be submitted to arbitration in Johannesburg according to the Rules of the Arbitration Foundation of Southern Africa. Interlocutory relief may be sought from a competent court pending arbitration.

64. Parties agree to keep arbitration matters confidential unless disclosure is required for arbitration proceedings.

65. The arbitrator's decision is final and may be enforced by any competent court in South Africa.

66. These dispute resolution provisions remain effective despite any termination or invalidity of these Terms.

 

Amendment of Terms

68. Stratfinn Simple reserves the right to amend these Terms at any time without specific notice. Users are responsible for checking the latest version of the Terms when accessing the Website.

69. If a User objects to any amendment, their sole remedy is to terminate access to the Website.

 

General Provisions

70. Each term of these Terms is separate and severable. If any term is found invalid, the remaining terms remain in full force.

71. These Terms, along with the Privacy Policy and other published policies on the Website, constitute the entire agreement between the Parties regarding Website access. No other agreements, representations, or warranties are binding.

72. No indulgence given by any party regarding any obligation under these Terms shall be construed as implied consent, waiver, or novation of rights.

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