Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User") and SurveyFiesta (Pty) Ltd ("Company"), the owner and operator of the AgoraFord(TM) platform.

By accessing, browsing, or using the platform, you irrevocably acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree, you must immediately discontinue all use of the platform.

Continued use of the platform constitutes ongoing acceptance of these Terms, including any updates or amendments published from time to time.

2. Licence and Permitted Use

The Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and use the platform strictly in accordance with these Terms.

You agree that you will:

  • Use the platform solely for lawful and authorised business purposes
  • Ensure that all users accessing the platform under your authority comply with these Terms
  • Maintain the confidentiality and security of all login credentials
  • Prevent unauthorised access or use of the platform

This licence is conditional and may be suspended or revoked at any time at the Company's sole discretion. No rights are granted beyond those expressly stated in these Terms.

3. Use at Own Risk

You acknowledge and agree that your use of the platform is entirely at your own risk.

The platform is provided:

  • On an "as is" basis
  • On an "as available" basis
  • Without any warranties, guarantees, or representations of any kind

The Company makes no representations regarding:

  • The accuracy, completeness, or reliability of content
  • Continuous or uninterrupted availability
  • Suitability for any specific purpose
  • Absence of errors, defects, or vulnerabilities

Accordingly, you accept full responsibility for any outcomes resulting from your use of the platform.

4. Exclusion of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable under any circumstances, whether in contract, delict (including negligence), strict liability, or otherwise, for any damages arising from or in connection with your use of the platform.

This includes, without limitation:

  • Direct damages
  • Indirect or consequential damages
  • Incidental or special damages
  • Loss of profits, revenue, or business opportunities
  • Loss, corruption, or unauthorised access to data
  • Business interruption, system downtime, or service disruption
  • Any damages arising from errors, omissions, or inaccuracies

These exclusions apply regardless of whether the Company was advised of the possibility of such damages and regardless of the cause of action.

5. Limitation of Liability

Without limiting the exclusions above, and to the extent that any liability is found to exist notwithstanding the provisions of these Terms, such liability shall be strictly limited.

The Company's total aggregate liability shall be limited to:

  • Zero (0); or
  • The total amount (if any) paid by the User for access to the platform during the preceding three (3) months, whichever is greater

This limitation applies cumulatively to all claims, causes of action, and liabilities of any kind.

This clause reflects a material allocation of risk between the parties and forms an essential basis of the agreement.

6. Indemnity

You agree to fully indemnify, defend, and hold harmless the Company, its directors, officers, employees, contractors, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, and expenses (including legal costs on an attorney-and-own-client scale).

This includes, without limitation:

  • Claims arising from your use or misuse of the platform
  • Any breach of these Terms
  • Any violation of applicable laws or regulations
  • Any infringement of intellectual property or third-party rights
  • Any data submitted, uploaded, or processed by you

This indemnity applies irrespective of fault and shall survive termination or expiry of these Terms.

You acknowledge that this indemnity is reasonable given the nature of the platform and your control over its use.

7. User Data and Responsibility

You retain ownership of any data submitted to the platform ("User Data"), but you grant the Company a non-exclusive, worldwide licence to process such data for the purpose of providing services.

You acknowledge and agree that:

  • The Company does not verify or validate User Data
  • The Company accepts no responsibility for the accuracy, legality, or integrity of User Data
  • You are solely responsible for maintaining appropriate backups and data controls

You warrant that:

  • You have all necessary rights and authority to submit such data
  • Your use of the platform does not violate any third-party rights or laws

The Company shall not be liable for any loss, corruption, or unauthorised access to User Data under any circumstances.

8. Third-Party Services

The platform may integrate with or rely on third-party systems, services, or providers.

You acknowledge that:

  • Such services are outside the Company's control
  • They are governed by their own terms and policies
  • The Company makes no representations or warranties regarding their performance or security

The Company shall not be liable for any damages or losses arising from the use of third-party services.

9. Service Availability

The Company does not guarantee uninterrupted or continuous access to the platform.

You acknowledge that:

  • The platform may be subject to downtime, maintenance, or technical issues
  • Features and functionality may change at any time
  • Access may be restricted or suspended without notice

The Company shall not be liable for any loss or damage arising from service interruptions or modifications.

10. Security Disclaimer

While the Company implements reasonable technical and organisational measures to protect the platform, no system can be guaranteed to be completely secure.

Accordingly:

  • The Company does not warrant that the platform is free from vulnerabilities or threats
  • You accept the inherent risks associated with online systems
  • The Company shall not be liable for any cybersecurity incidents, data breaches, or unauthorised access

You remain responsible for implementing appropriate internal security controls when using the platform.

11. Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control.

Such events include, but are not limited to:

  • Power failures or load shedding
  • Network or infrastructure failures
  • Cybersecurity incidents or attacks
  • Natural disasters
  • Acts of government or regulatory authorities

During such events, the Company's obligations shall be suspended for the duration of the event.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa.

You agree that:

  • The South African courts shall have jurisdiction over disputes
  • The Company may institute proceedings in any competent jurisdiction where necessary

This clause applies irrespective of your location or place of use.

13. General Provisions

These Terms constitute the entire agreement relating to your use of the platform.

You acknowledge that:

  • No waiver of any provision shall be deemed a waiver of future rights
  • If any provision is found invalid, the remaining provisions shall remain in full force
  • The Company's failure to enforce any right shall not constitute a waiver
  • These Terms are intended to be interpreted as broadly as permitted by law to protect the Company's interests

14. Contact Information

For any questions regarding this Cookie Policy:

Last Updated: March 2026

Effective Date: March 2026