Terms and Conditions of Use
Version 3.0
Date: February 2020
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE, YOUR ACCOUNT AND THE FACILITY IS
SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS WEBSITE, YOU
AGREE TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER
POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY
TERM OF THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE AND
THE FACILITY IMMEDIATELY.
1. Definitions
1.1. "1Address.com " or "we" or "us" means 1Address.com (Pty) Ltd, a limited liability company
incorporated according to the company laws of the Republic of South Africa with registration
number 2007/032675/07.
1.2. "Account" means the information held by 1Address.com relating to a particular Client,
including details of monies paid to 1Address.com by or on behalf of the Client, billing and
transaction records, mailing lists, personal contact details and any other information provided
by the Client, its employees, officers or agents, and reference to a Client Account will include
reference to all rights held by the Client under this agreement.
1.3. "Client" means any person, natural or juristic, who has registered an Account and entered into
an agreement for the provision of the Facility in terms of these Terms and Conditions. In the
case of a juristic person, reference to "Client" will include the employees, officers and agents
of such juristic person.
1.4. "ECTA" means the Electronic Communications and Transactions Act 25 of 2002.
1.5. "Facility" means the provision of a system accessed through the Website which allows
1Address.com to verify the Client’s identification and substantiating documentation and
allows the Client to send Notifications to third parties nominated by the Client of changes to
the Client's address and other contact details.
1.6. "Identity Theft" means the intentional and unlawful acquisition or possession of
documentation or information that can be used to identify a person.
1.7. "Notification" means a notification of change of address or other contact details sent by
1Address.com to a third party using the Facility upon instructions from a Client.
1.8. You” or the "User" means any person accessing any part of the Website or Facility, including
a Client.
1.9. "Website" means the website of 1Address.com at URL http://www.1Address.com (including
sub-domains) or such other URL as 1Address.com may choose from time to time.
2. Use Subject to these Terms and Conditions
2.1. Your use of and access to this Website or the Facility is at all times governed by the terms of
these Terms and Conditions, and by accessing this Website or the Facility you agree to adhere
to the provisions thereof. Your agreement to these Terms and Conditions will be deemed to
have been given on the date when you first accessed this Website.
2.2. If you do not agree to these Terms and Conditions, you must cease your access and use of this
Website or the Facility immediately.
2.3. These Terms and Conditions include 1Address.com’s Privacy Policy, which is included herein
by reference and can be accessed here.
2.4. Please note that, due to legal and other developments, 1Address.com reserves the right to
amend the terms of this agreement at any time and without notice to you or the Client. Please
refer to the last revision date at the top of this document. Continued use of the Website or
the Facility subsequent to any amendments having been affected constitutes your acceptance
of the Terms and Conditions as amended. Please refer to the last version and revision date at
the top of this agreement.
3. Owner Information
3.1. The following are the details of 1Address.com. Please submit any query in respect of these
Terms & Conditions or the use of this Website to us using one of these contact methods.
3.1.1. Directors: R.Schelling
3.1.2. Tel: 021- 403 1900
3.1.3. Fax: 086 528 2007
3.1.4. E-mail: info@1Address.com
3.1.5. Physical Address: 4hth Floor, Icon building, Cape Town, 8001 (service address)
3.1.6. Postal Address: PO Box 7152, Roggebaai, 8012, South Africa
3.1.7. Registered Address: Mezzanine Floor, The Wale Street Chambers, 38 Wale Street,
8001
3.1.8. Membership of Self-regulatory or Accreditation Bodies: None
4. Registration of Account
4.1. An application by a User for the opening of an Account with us, whether online or otherwise,
will constitute an offer to enter into an agreement for the provision of the Facility, and the
opening of such an Account by us, whether such Account is opened by an electronic agent (as
contemplated in section 20 (a) of ECTA) or otherwise, will constitute acceptance of this offer
by us. The agreement so concluded will be governed by the terms set out in this document.
4.2. You agree that usernames and passwords are issued for individual Users only and that Users
must not share this information with anyone else.
4.3. Juristic persons are encouraged to open Accounts using the details of the juristic person rather
than that of the employee, officer or agent acting on behalf of the juristic person.
4.4. In the event that a Client opens an Account on behalf of another person, all rights arising from
that Account, including intellectual property rights, rights of access, amendment of mailing
lists and contact details, and rights to be paid out any monies owing by 1Address.com to the
Client will vest in that other person.
4.5. Without derogating from the generality of the aforegoing, in the particular case of a
relationship of employment, where the Client opens an Account while acting within the course
and scope of his employment, all rights arising from that Account will vest in his employer.
Where an Account is opened pursuant to a relationship of agency or independent contractor,
all rights arising from that Account will likewise vest in the principal or commissioner as the
case may be.
4.6. 1Address.com takes security seriously, but as the User, you accept all risks of any unauthorised
access that could occur regarding your registration or Account data.
5. Provision of Service
5.1. 1Address.com agrees to allow the Client access to the Facility. The Client agrees to make use
of the Facility on the terms set out in this agreement.
5.2. 1Address.com will send such Notifications to such persons as the Client dictates, subject to
the condition that 1Address.com may, at its sole discretion, refuse to execute such an order
without giving reasons for such refusal. Similarly, 1Address.com may refuse to cancel such
instructions as the Client may have given.
6. Operation of Account
6.1. You accept that you are responsible for the consequences of your use of your Account and for
maintaining it and all information in it. This responsibility extends to all of your employees,
officers or agents that may access the Account.
6.2. The Client will have access to its Account through the Website by means of a username and
password.
6.2.1. Access to the Account will allow the Client to make use of the Facility and make
changes to certain classes of information as 1Address.com may determine from time
to time.
6.2.2. Should the Client forget his/her/its username or password, 1Address.com will be
obliged only to take such steps as it regards as being secure to ensure that the User
re-gains access to his/her/its Account.
6.3. You agree:
6.3.1. to use the Facility only for the purposes set out in these Terms and Conditions;
6.3.2. not to use your Account to commit any unlawful activity, or in a way which is likely to
be defamatory or cause offense to the recipient of Notifications sent using the Facility;
6.3.3. not to divulge your username or password to any other person; and
6.3.4. not to impersonate any other person in dealing with us, and particularly not to access
the Facility using another User’s username and password.
6.4. The Client warrants that all information furnished to 1Address.com relating to the Client is
correct.
6.5. You indemnify and hold harmless 1Address.com against any action resulting from any use of
the Facility which does not comply with the provisions of this clause.
6.6. You agree and acknowledge that you will contact 1Address.com immediately should you
experience any unauthorised use of your Account details or Identity Theft.
6.7. If you are in breach of these Terms and Conditions or any action arising from the transfer of
your Account to another, or from the access to your Account by another, 1Address.com may
suspend your Account. This will have the effect of suspending your access to the Facility.
6.8. 1Address.com may transfer an Account from a Client to another person upon receipt of a
signed confirmation by both parties of their wish to transfer the Account and accept transfer
of the Account respectively. 1Address.com may require reasonable proof of the identities of
the respective parties and reserves the right to refuse to effect such a transfer at its sole
instance. Should the username of the Client be the same as or similar to its name, such a
transfer will not be made.
6.9. Should the Client become incapacitated, 1Address.com may at its sole instance transfer the
Account to the Client's spouse or business partner upon reasonable proof of incapacity and
the relationship of such person with the Client.
6.10. In the event of a dispute as to the party which has the right to operate an Account,
1Address.com may:
6.10.1. Deny access to the Account pending the outcome of the dispute to its satisfaction, and
/ or
6.10.2. Transfer the Account to the party claiming a right to it if 1Address.com is satisfied that
a relationship as set out in clause 4.5above exists between the Client and that other
party.
6.11. The Client agrees to indemnify and hold harmless 1Address.com etc from any action arising
from the transfer of the Client's Account to another, or from the access to the Client's Account
by another.
7. Content
7.1. THIS ENTIRE WEBSITE AND THE FACILITY, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND
CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". 1ADDRESS.COM MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE
INFORMATION CONTAINED IN IT UNLESS THIS IS SPECIFICALLY IMPOSED BY LAW.
7.2. Users should under no circumstances regard anything contained on this Website as an offer,
but as an invitation to do business. We reserve the right to vary and do not warrant that any
particular rate will be available at any specific time.
7.3. Any use of or reliance on this Website or the Facility, the contents of this Website or the
Facility or the information provided through this Website or the Facility will be at your sole
risk. 1Address.com makes no representations or warranties whatsoever as to the accuracy of
the information contained in this Website or the Facility.
7.4. 1Address.com does not warrant that this Website or the Facility or the delivery, hosting and
ancillary services or facilities of third-party suppliers utilised by 1Address.com will continue to
operate, will operate without interruptions or will be error-free or that it will be free of any
software virus or other harmful component. You will be entirely responsible for any resulting
damage to software or computer systems and/or any resulting loss of data caused as a result
of any use of this Website or the Facility.
8. Security
8.1. While we take all reasonable security precautions, no liability will lie for damage caused by
the malicious use of this Website or the Facility or by destructive data or code that is passed
on to the User through the use of this Website or the Facility, nor for any loss occasioned by
Identity Theft from the Website or the Facility or a computer system associated with it.
8.2. We will pursue prosecution of and compensation from any person that delivers or attempts
to deliver any destructive code to this Website or the Facility or attempts to gain unauthorised
access to any page on this Website.
8.3. 1Address.com will make best efforts to ensure that Notifications are sent to all third parties
nominated by the Client but will not held liable for any failure to do so.
9. Third-Party Sites
9.1. The Website contains hyperlinks to websites owned and / or operated by third parties.
1Address.com is not responsible for the content of such websites and does not endorse or
approve the contents thereof.
9.2. 1Address.com consequently does not accept any liability in connection with any third-party
websites that may be linked to this Website (regardless of whether or not a link has been
permitted by 1Address.com) and is not responsible for the content of any website that is
linked to this Website. The fact that a website is linked to this Website does not imply
1Address.com sponsors, endorses or is affiliated or associated with the entity that owns or is
responsible for the website.
10. DISCLAIMER AND INDEMNITY
10.1. WEBSITE1ADDRESS.COM EXPRESSLY DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR
LOSS OF PROFITS, RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE OR THE
FACILITY IN ANY MANNER BY ANY PERSON WHETHER DIRECTLY OR INDIRECTLY RESULTING
FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE,
OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS
REASONABLY FORESEEABLE AND 1ADDRESS.COM HAD BEEN ADVISED OF THE POSSIBILITY OF
THE SAME. CONSEQUENTIAL AND INDIRECT LOSS AND DAMAGE WILL INCLUDE BUT NOT BE
LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, AND WASTED EXPENDITURE.
10.2. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS 1ADDRESS.COM, ITS SERVANTS,
SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR
APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEY'S FEES AND RELATED
COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN
CONNECTION WITH THE USERS' USE OF OR ACCESS TO THIS WEBSITE OR THE FACILITY OR ANY
OF THE SERVICES OFFERED THROUGH IT IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE
PROVISION OF CONTENT.
11. Intellectual Property
11.1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio
clips, video clips, source and / or object code and all other works contained in this Website or
the Facility is owned by 1Address.com, which asserts and reserves all of its rights in this regard.
Access to or use of this Website or the Facility will not in any way result in an assignment or
license of any intellectual property owned by 1Address.com or any other party.
11.2. The contents of this Website may not be transmitted, transcribed, reproduced, stored or
translated into any other form without the prior written permission of 1Address.com.
However, 1Address.com permits you to display the content of this Website or the Facility on
your computer and to print, download and use the underlying HTML, text, graphics, audio
clips, video clips and other works available to you on this Website provided that:
11.2.1. you do not modify the content of this material;
11.2.2. 1Address.com Website is the acknowledged source; and
11.2.3. this permission may be revoked at any time by 1Address.com.
11.3. No other use of this Website or the Facility is permitted. Without restricting the generality of
the foregoing, you may not make commercial use of the content of this Website or the Facility,
include the content of this Website or the Facility in or with any product that you create or
distribute, or copy the content of this Website or the Facility onto your own or another's
website, unless as set out in these Terms and Conditions.
12. Hyperlinks, deep links, advertising, framing, searching
12.1. The express permission in writing of 1Address.com is required before any hyperlink other than
to the Home Page of this Website or the Facility is created. Permission, if granted, will be
subject to the condition that the party linking to this site alerts Users to the application of
these Terms and Conditions. Requests for permission can be mailed to info@1Address.com.
12.2. Permission to link to this Website or the Facility is given without assumption of any liability.
We reserve the right to withdraw permission granted to link to this Website or the Facility at
any time and for any reason.
12.3. Notwithstanding the fact that hyperlinks in these Terms and Conditions to certain documents
should be deemed part of these Terms and Conditions in terms of section 11 of ECTA, the fact
that some or all of the hyperlinks may be non-operational, will not play a role in determination
of the validity and interpretation of these Terms and Conditions.
12.4. The express permission in writing of 1Address.com, which may be subject to conditions, is
required before this site, any of its pages and/or any of the information contained on the site
is framed. Requests for permission can be mailed to info@1Address.com.
12.5. Apart from bona-fide search engine operators and use of the search facility provided on the
Website for Users, no person may use or attempt to use any technology or applications
(including web crawlers or web spiders) to search or copy content from the Website for any
purpose without the prior written consent of 1Address.com.
13. Charges and Payment
13.1. Payment for the Facility will be made before services are provided to the Client. Payments
made will be credited to the Client's Account with 1Address.com
13.2. Payments by the Client will be made in the place and manner as displayed on the Website by
1Address.com from time to time, free of exchange. Payments for credits will not be
refundable, subject to clause 13.5.
13.3. A payment to 1Address.com will entitle the Client to a certain number of credits. The cost of
one credit will be published by 1Address.com from time to time, and 1Address.com reserves
the right to make changes to the cost of credits at its sole discretion and without notice to the
Client.
13.4. Notifications sent will be charged for by deducting credits from the Client's Account. The
number of credits used in sending Notifications will be as published by 1Address.com from
time to time. 1Address.com reserves the right to make changes to this rate at its sole
discretion and without notice to the Client.
13.5. A Client may upon request to 1Address.com be refunded the value of any credits purchased
from 1Address.com (and the credits will be cancelled) within 7 (seven) days of the purchase
of such credits, on condition that the credits have not been used.
13.6. All prices are inclusive of VAT, unless otherwise agreed to in writing.
14. Personal information
14.1. You hereby expressly agree that 1Address.com may collect, use and share your personal
information that you have entered in registering your Account on the basis and with the
people as set out in the Privacy Policy available here.
15. Law Governing this Agreement
15.1. The User hereby agrees that the law applicable to these Terms and Conditions of use, their
interpretation and any matter or litigation in connection therewith or arising from them will
be the law of the Republic of South Africa.
16. Disputes
16.1. Any dispute between 1Address.com and the User arising out of or in connection with the
User's visit to the Website, the use of the Facility or from this Agreement will be submitted to
the Arbitration Foundation of Southern Africa (“AFSA”) for arbitration in accordance with the
rules of the AFSA by an arbitrator or arbitrators appointed by AFSA. The receipt by either party
of a notice as aforesaid, will constitute the submission of the dispute to arbitration for the
purposes of delaying the completion of prescription in terms of section 13 of the Prescription
Act No. 68 of 1969 or the corresponding provisions in any amendment thereto or replacement
legislation. Such arbitration will be held in Cape Town (South Africa), in English, subject to the
arbitral law of the Republic of South Africa.
16.2. The aforegoing will not restrict the right of 1Address.com to apply to a competent court for
relief should its intellectual property rights be violated or threatened, and the parties consent
to the jurisdiction of the High Court of South Africa for such purposes.
17. Termination & Breach
17.1. Either party may cancel the agreement for provision of the Facility with 30 days' written notice
to the other party.
17.2. Should the Client breach these Terms and Conditions, 1Address.com may at its sole instance:
17.2.1. Deny the Client access to the Account and the Facility until such time as the breach is
remedied, or
17.2.2. Terminate this agreement and the provision of the Facility on written notice with
immediate effect.
18. General
18.1. If any provision of these Terms and Conditions is found to be invalid by any court having
competent jurisdiction, the invalidity of that provision will not affect the validity of the
remaining provisions which will remain in full force and effect.
18.2. These Terms of Use contain the record of the entire agreement between the User and the
Website owner in respect of access to and use of the Website.
18.3. 1Address.com’s omission to exercise any right under these Terms and Conditions will not
constitute a waiver of any such right unless expressly accepted by 1Address.com in writing.
18.4. These Terms and Conditions do not give rise to a relationship of principal and agent between
the Client and 1Address.com