Terms & Conditions
Effective date: [INSERT DATE]
1. Introduction
These Terms and Conditions ("Terms") govern your use of the AzaniaSCM platform and associated services (the "Service"), operated by Moonlighter Group (Pty) Ltd ("Moonlighter Group", "we", "us", "our"), a company registered in the Republic of South Africa. By accessing or using the Service, you agree to be bound by these Terms.
AzaniaSCM is a product of Moonlighter Group (Pty) Ltd, the intellectual property and product owner. For more information, visit www.moonlightergroup.co.za.
2. Definitions
- "Account" means your registered account on the AzaniaSCM platform.
- "Content" means all data, documents, bids, evaluations, contracts, and other materials uploaded or generated within the Service.
- "Licence Tier" means the subscription level applicable to your Account (MSME, QSE, Generic Enterprise, or Public Entity/SOE), as defined in the pricing schedule.
- "Organisation" means the legal entity on whose behalf you are using the Service.
- "Personal Information" has the meaning assigned in the Protection of Personal Information Act 4 of 2013 (POPIA).
- "User" means any individual with access to an Account under your Organisation.
3. Account Registration
3.1. You must provide accurate, complete, and current information during registration and maintain the security of your Account credentials.
3.2. You are responsible for all activity that occurs under your Account. You must notify us immediately of any unauthorised use.
3.3. Your Organisation's Licence Tier is determined by self-declared annual revenue at registration and confirmed during the tenant verification process. Providing false revenue information constitutes a material breach of these Terms.
3.4. We reserve the right to suspend or terminate Accounts that provide false registration information or violate these Terms.
4. Licence and Permitted Use
4.1. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your Organisation's internal procurement purposes, limited to the user count and transaction volume specified in your Licence Tier.
4.2. You may not: (a) sublicense, sell, or transfer access to the Service; (b) reverse engineer, decompile, or attempt to extract the source code; (c) use the Service to provide services to third parties; (d) exceed the user or transaction limits of your Licence Tier without upgrading; or (e) use the Service for any unlawful purpose.
5. Content and Data Ownership
5.1. You retain ownership of all Content you upload to the Service. We do not claim ownership of your Content.
5.2. You grant us a limited licence to host, store, and process your Content solely for the purpose of providing the Service to you.
5.3. We will not access, use, or disclose your Content except as required to provide the Service, comply with law, or enforce these Terms.
5.4. Upon termination of your Account, you may export your Content within 30 days. After this period, we may delete your Content in accordance with our data retention policies.
6. Fees and Payment
6.1. Fees for the Service are determined by your Licence Tier as set out in the pricing schedule published at azaniascm.com/pricing.
6.2. Fees are invoiced annually in advance unless otherwise agreed. All amounts are exclusive of VAT unless stated otherwise.
6.3. Overdue amounts bear interest at the prime lending rate plus 2% per annum, calculated daily from the due date until payment is received.
6.4. We may adjust fees annually upon 30 days' written notice. Fee adjustments take effect at your next renewal date.
7. Service Availability and Support
7.1. We target 99.5% uptime for the Service, measured monthly. Scheduled maintenance windows are excluded from this calculation and communicated at least 48 hours in advance.
7.2. Support is available via email during South African business hours (08:00–17:00 SAST, Monday to Friday, excluding public holidays).
8. Intellectual Property
8.1. The Service, including all software, design, documentation, and materials, is the intellectual property of Moonlighter Group (Pty) Ltd and is protected by South African and international intellectual property laws.
8.2. These Terms do not grant you any rights to our trademarks, logos, or other brand features.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, Moonlighter Group's total aggregate liability arising from or in connection with the Service shall not exceed the fees paid by you in the 12 months preceding the claim.
9.2. We shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, data, or business opportunities.
9.3. Nothing in these Terms limits liability for death, personal injury, or fraud, or any liability that cannot be excluded by law.
10. Indemnity
You indemnify Moonlighter Group against all claims, losses, and expenses arising from your use of the Service, your Content, or your violation of these Terms.
11. Termination
11.1. Either party may terminate with 30 days' written notice at the end of any billing period.
11.2. We may terminate immediately if you breach these Terms, fail to pay fees, or use the Service for unlawful purposes.
11.3. Upon termination, your right to use the Service ceases immediately. Sections 5, 8, 9, 10, and 12 survive termination.
12. Governing Law and Disputes
12.1. These Terms are governed by the laws of the Republic of South Africa.
12.2. Any dispute shall be referred to the jurisdiction of the South African courts in the division of Gauteng (Pretoria).
12.3. Nothing in this clause prevents either party from seeking urgent interlocutory relief from a competent court.
13. Changes to These Terms
We may update these Terms from time to time. Material changes will be notified via email or a prominent notice on the Service at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.
14. Contact
Questions about these Terms? Contact us at sales@azaniascm.com.