Terms and conditions

• Asset Records Website Terms and Conditions

Asset Records Pty Ltd (“Asset Records”) manages the Asset Records Software Website Portal (“Asset Portal”). These terms and conditions (“Terms”) are applicable every time you access the Asset Portal and/or use our Services or visit our website https://www.assetrecords.io/ or   https://portal.assetrecords.io/login (“Platform”).

Our company may modify these Terms from time to time in our sole discretion. Please read these Terms carefully. We will assume you have read and understood these Terms if you continue to access or make use of our Asset Portal or Platform. 

Please note that in terms of the Consumer Protection Act 68 of 2008 (“CPA”), a consumer is to be given an adequate opportunity to receive and understand these terms.  Please take sufficient time to acquaint yourself with such terms and understand their importance and effect.

Your attention is specifically drawn to the following clauses of these terms, which may restrict your rights, contain acknowledgements of fact or place onerous obligations on you, WHICH HAVE BEEN UNDERLINED.

OUR SERVICES

1. At Asset Records, our Asset Portal provide our clients with a platform to securely store all their statutory and legal records.
2. The Asset Portal allows for:

1. 1. remote document uploads,
   2. automated notifications and real time tracking of renewal and compliance dates,
   3. easy access and information sharing within your team, and
   4. account history including recording your full project history and third party information, (collectively, “Services”)

CREATING AN ACCOUNT

1. To use the Asset Portal, you must register with us and create an account. You must provide us with all the requested information during the onboarding process which includes your company information, property asset information, tenant information and any other relevant information that might be necessary to successfully establish your Asset Portal account.
2. When creating an account, you agree to provide accurate, current, and complete information and to update this information as and when it changes. Once registered, you will be allocated an account that is under your control.
3. To protect your privacy and security, we take reasonable steps to verify your account by requiring your password together with your email address to grant you access to your account. To view or change the personal data provided, you can go to the profile section under your account.
4. By sharing your personal data with us, you warrant that the person using the Asset Portal has the legal authority to represent your legal entity. You are responsible for the account and all the actions taken with it. When sharing third party data with us, you warrant that you have the consent of such persons to share their personal information with us for the purpose of providing our Services and indemnify us against claims that may be brought against us in this regard.
5. Please see our Privacy Policy in section 5 for more details on how we use and process your personal data.

PAYMENT FOR OUR SERVICES

1. If you are interested in using the Asset Portal within your company, you can trial our Services using our free 14-day trial (“Free Trial”). You will not be required to input any billing information to access the Free Trial. Once the trial period concludes we will suspend your account following the activation of a subscription package.
2. The Asset Portal has various monthly packages available to use the Services. Our subscription packages are available on the Platform and are subject to change at any time in our reasonable discretion. You will be given 30 days prior notice where there is a change in the subscription fee charged.
3. The package is billed upfront on the day you first subscribe and renews automatically. You can cancel your subscription at any time if you wish to end your subscription.
4. You will receive an invoice for any payments made which are also available in your account. All prices shown on our Asset Portal are exclusive of VAT, unless otherwise specified in writing.
5. Your right to use our Platform is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your account and access to the Platform/Asset Portal.
6. We are committed to providing secure online payment facilities. All transactions are processed using an authorised payment service provider.
7. Whilst it is our intention to keep our Asset Portal up to date and error free, product description or pricing errors may occur. You may then either cancel your subscription or re-confirm it based on the correct information. If we are unable to contact you via the contact details provided by you, we will treat your subscription as cancelled.

Defective OR UNSATISFACTORY Goods

1. Our Company provides our Services on an “as is” basis. You are required to establish your satisfaction with our Services during your Free Trial and make a decision as to whether to proceed with one of our subscription packages. Should you not be satisfied with our Services, you may cancel your Free Trial or subscription package at any time. Should you continue to use our Services after your Free Trial, such continued use will be deemed as acceptance of the Services.

PRIVACY

1. Our company will electronically collect, store and use the information given when you sign up to our Services. This information is not disclosed to any other party.
2. We aim to offer a top quality service at the best price possible, to do this we need to reserve the right to change the above policies at any time.
3. All information collected shall only be disclosed to other parties on a need to basis to provide our Services or if we need to disclose your information as required by law.
4. We may retain certain business information and essential personal information of your transactions as permitted by law for our legitimate business purposes. All other personal information held by you on the Asset Portal shall be destroyed within our retention period upon termination of your subscription.

RESPONSIBILITIES AND WARRANTIES

By using the Platform and/or the Asset Portal, you warrant that:

1. you have read and agreed to these Terms and will use the Platform and our Services in accordance with them;
2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete in every aspect;
3. you lawfully possess and submit all information to Asset Records and have the legal capacity to understand, agree with and be bound with these Terms;
4. you will not post, upload, replicate or transmit any abusive content on the Asset Portal that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform, Asset Portal or Services;
5. 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 Platform/Asset Portal, 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 Platform/Asset Portal or the underlying software code;
6. you will not infringe the intellectual property or other rights of any third party or the Platform/Asset Portal or transmit content that you do not own or do not have the right to publish or distribute;
7. you will not use the Platform/Asset Portal for any commercial purpose other than as expressly provided for by Asset Records herein;
8. you will not use the Asset Portal to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
9. you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing us to manifest all our rights in the case of breach, including but not limited to denying you access to the Platform/Asset Portal, reporting your actions to an applicable authority, or instituting legal proceedings against you.

The Platform/Asset Portal is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform/Asset Portal. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.

Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

INTELLECTUAL PROPERTY

1. All website/application layout, content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code and everything submitted to the Platform/Asset Portal and Asset Records in use of the Services, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by Asset Records, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
2. All rights to any intellectual property provided by you to the Platform/Asset Portal will remain with you, but for which you have provided Asset Records with a non-exclusive, non-transferable license to use such intellectual property as is necessary to provide you with our Services, for as long as you remain registered with us.
3. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform/Asset Portal and within the Services 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 Platform/Asset Records or the underlying software code whether in whole or in part, without the written consent of Asset Records first being granted, which consent may be refused at our discretion. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Asset Records and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
4. In addition, you warrant that you shall not directly or indirectly reverse engineer, decompile, disassemble, or analyse the Asset Portal for the purposes of (i) re-identifying methodologies, algorithms, processes, or procedures embedded in the Asset Portal, or otherwise used to produce the Services, or (ii) identifying or isolating the personal information associated with entities or individuals not explicitly identified within the Services.
5. We reserve the right to make improvements or changes to the intellectual property, information, videos, artwork, graphics, and other materials on the Platform, including the information in your account, or to suspend or terminate the Platform/Asset Portal, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
6. Where any intellectual property has been licensed to us or belongs to any third party, other than that which has been submitted by you in 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.
7. Where you provide us with any feedback or suggestions in respect of the Services, you agree that such feedback or suggestions will be shared on a non-confidential, non-proprietary basis and will be deemed as our sole and exclusive property to modify or enhance future Services without any further obligation to you. You irrevocably assign us all your rights, title and interest in and to all feedback provided, if any, and waive any moral rights you may have in such feedback. Without derogating from the foregoing, you hereby represent and warrant that you will not provide any feedback which is subject to any third-party rights or any limitations or which it is otherwise precluded from providing and shall notify us as soon as you become aware of any third-party right or limitation which may apply to any feedback already provided.
8. Subject to adherence to these Terms, Asset Records grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Platform/Asset Portal on any device part of your corporate network or for which you are the primary user. However, nothing contained on the Platform/Asset Portal or in these Terms should be construed as granting any license or right to use any intellectual property without the prior written permission of Asset Records.

LINKS AND MESSAGES

1. Data Messages between You and Asset Records
   1. Data messages you send to us will be considered as received only when we acknowledge or respond to these messages.
   2. Data messages we send to you will be regarded as received when the data message enters your sever inbox and is capable of being retrieved and processed by you.
   3. We reserve the right not to respond to any data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such data message if necessary.
   4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
2. Hyperlinks, Deep Links, Framing
   1. The Platform may include links to other websites (“other sites“). Asset Records does not own or endorse these other sites and is not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
   2. Asset Records does not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
   3. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.

INDEMNITIES AND DISCLAIMERS

• Disclaimers
  1. The Platform, Asset Portal, and the Services, including intellectual property appearing therein, are provided “as is” and “as available”. Asset Records makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform/Asset Portal.
  2. All content, information, and/or opinions of any user made available on the Platform/Asset Portal are those of the authors and not Asset Records. While we make every reasonable effort to present such information accurately and reliably on the Platform/Asset Portal we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform/Asset Portal.
  3. Our Company shall not be responsible for maintaining back-ups of the information stored on the Asset Portal. You shall remain responsible for keeping copies of such data and shall not hold Asset Records liable for the loss of any confidential or personal information.
  4. Asset Records, its shareholders, directors, 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 Platform/Asset Portal and/or transactions or actions resulting therefrom.
  5. Notwithstanding anything else herein, all liability of Asset Records in respect of gross negligence or misconduct on our part under these Terms or otherwise is limited to the subscription fees payable preceding one month prior to the date the cause of action first arose. In no event will Asset Records be liable for any indirect, incidental consequential, special, punitive or exemplary loss or damage, or for lost profits, turnover, loss or corruption of data, business opportunities, anticipated savings or damage to reputation and goodwill (in each case whether direct of indirect).
  6. We take reasonable security measures to ensure the safety and integrity of the Platform/Asset Portal and to exclude viruses, unlawful monitoring and/or access from the Platform/Asset Portal offline. However, we do not warrant or represent that your access to the Platform/Asset Portal will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform/Asset Portal will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform/Asset Portal remains solely at your own risk, and you should take your own precautions accordingly.
• Indemnities
  1. You indemnify and hold harmless Asset Records, its shareholders, directors, employees, and partners from any demand, action 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 your use of the Platform and/or the Services offered or concluded through the Platform/Asset Portal in any way.
  2. You agree to indemnify, defend, and hold Asset Records harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.

This clause will survive termination of these Terms.

TERMINATION

1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, ASSET RECORDS RESERVES THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR ACCOUNT AND/OR USE OF THE PLATFORM/ASSET PORTAL IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT ASSET RECORDS GIVES REASONABLE NOTICE TO YOU.
2. Depending on the severity of the breach, we may in our sole discretion, reinstate your account following restriction thereof.
3. If you wish to terminate your agreement with us and these Terms, or end your use of our Services, you may do so by discontinuing your subscription and ending your use of the Platform/Services. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time.
4. If you cancel your agreement with these Terms and with Asset Records, we will delete your profile within a reasonable period.

DISPUTE RESOLUTION

1. Should any dispute, disagreement or claim arise between you and Asset Records in relation to the Platform or the Services, we shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
2. If the dispute is still not resolved, in the aforesaid manner or within any extended period as decided by the parties, the parties may approach an independent third party to mediate the dispute between them.
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 Asset Records.
4. Notwithstanding the above, both parties’ consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
5. The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. 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.

NOTICES

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:
   1. in the case of Asset Records, info@assetrecords.io; or
   2. in the case of a user, at the contact and e-mail address provided to during onboarding.
2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
3. 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.

COMPANY INFORMATION

• Site owner:             Asset Records (Pty) Ltd
• Legal status: Private Company
• Registration number: 2021/810093/007
• Platform address: https://www.assetrecords.io/
• Email address: info@assetrecords.io
• Telephone number: 0824168273
• Registered address: Midlands Office Park West, Mount Quray road, Midstream Estate, Centurion, 1683
• Postal address: As above.

GENERAL

1. The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party. Asset Records provides software services and is not an agent, intermediary nor partner or adviser to any user. All tools provided on the Platform, Asset Portal or as part of the Services are for information purposes only.
2. If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimize any delay occasioned
3. The Platform, Asset Portal and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform/Asset Portal. Your continued access or use of the Platform/Asset Portal constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
4. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 3, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorized representatives.
5. Should your use of the Asset Portal and Services infringe any laws outside South Africa, you will remain responsible for your continued use. You shall further remain liable and responsible in respect of obtaining any required third party permissions where required in order to use the Services.
6. Our Company reserves the right to attend to any maintenance or improvements on the Asset Portal or the Services. You will not have any claims against our Company in respect of any delays caused by maintenance or improvements of the Asset Portal or the Services.
7. No indulgence, leniency or extension of time granted by Asset Records shall constitute a waiver of any of our rights under these Terms and, accordingly, we shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
8. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
9. The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
10. Your access and/or use of The Platform and/or the Asset Portal and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
11. In the event of a user failing to pay any amount timeously or breaching these Terms, they shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Asset Records in relation to the payment failure or breach.
12. If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
13. We may assign or transfer any of our rights or sub-contract any of our obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub-contract any of your obligations under these Terms except with our specific permission in writing.
14. These Terms supersede all previous terms and conditions, representations, undertakings and agreements.

ERRORS AND OMISSIONS EXPECTED

1. In respect of any information provided on this Asset Portal or any order, errors and omissions are excepted by you.