YueDiligence Terms and Conditions of Use

Terms and Conditions of Use

YueDiligence services are web-based business planning, analysis, and funding systems associated with business planning, due diligence and funding (the "Service”). The Service is available at www.yuediligence.com (this/the “website”). In order to use the Service, you must obtain Internet access, either directly or through devices that access web-based content, and pay any fees associated with such Internet access. In addition, you must provide all equipment necessary to connect to the Internet, including a computer and modem or other access device.

  1. Description of the Service. YueDiligence services are web-based business planning, analysis, and funding systems associated with business planning, due diligence and funding (the "Service”). The Service is available at www.yuediligence.com (this/the “website”). In order to use the Service, you must obtain Internet access, either directly or through devices that access web-based content, and pay any fees associated with such Internet access. In addition, you must provide all equipment necessary to connect to the Internet, including a computer and modem or other access device.
  2. Copyright and Ownership. YueDiligence is the owner of all copyrights in and to the content on the website, including without limitation, (i) all materials and documentation pertaining to the Service; (ii) all text, data, graphics, graphs, charts, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on the website; and (iii) the design, selection and arrangement of the website. All use of the Services must comply with all applicable laws, which are also incorporated by reference. These terms and conditions apply to all Users of services provided by YueDiligence. All rights are reserved.
  3. Permitted Uses. Unless otherwise specified, you are granted a non-exclusive, revocable, non- transferable, limited right to access, use and display the Service, this website and the materials provided hereon for your personal and commercial use. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose. Ownership of all such content shall at all times remain with YueDiligence or its licensors. YueDiligence reserves all rights not expressly granted to you. Permission to use our copyrightable material for purposes not otherwise permitted herein shall be granted on a case-by-case basis. YueDiligence welcomes requests. Please direct your inquiries to info@yuediligence.com.
  4. Intended Use. This website is intended for use by businesses seeking business planning and investment readiness (“Entrepreneur Users”) and by potential investors and business supporters seeking to analyse businesses (“Investor Users” and users of the Service generally, including Entrepreneur Users, collectively, the “Users”). Using the Service, Entrepreneur Users will be able to provide information about their business in a way that is organised and easily presented for review by Investor Users. YueDiligence and its affiliates are not placement agents for any securities. Neither YueDiligence, nor its affiliates make any representation or warranty regarding, or shall have any responsibility for the legality of such investment under the securities laws of South Africa or any other jurisdiction. All information provided in this website or any other website hyperlinked to this website is strictly for informational purposes only. Nothing contained herein shall constitute an offer to sell to or solicitation of an offer to purchase from any investor in any jurisdiction. Nothing contained herein is intended to aid in or form the sole basis of any investment decision. Each Investor User is expected to perform his/her own full due diligence and ask questions, receive answers, and obtain additional information and conduct their own due diligence review concerning a particular investment. Any investment undertaken must comply with all legal requirements in each jurisdiction in which it purchases, offers, or sells securities. YueDiligence shall have no obligation to assist in any way in any dispute between Users.
  5. Prohibited Uses. YueDiligence may be used only for lawful purposes. YueDiligence specifically prohibits any use of the website for the following purposes, and Users agree not to use the site for any of the following purposes:
    • Modify, publish, transmit, distribute, display, perform, participate in the transfer or sale of, create derivative works based on, or in any way exploit, any of the copyrighted material contained on this website, in whole or in part, without our prior written consent (except as expressly provided herein); or
    • Sublease, lease, sell, assign, transfer, distribute, rent, permit concurrent use of, or grant other rights in the Service and any material and documentation provided on the website to any third party; or
    • Provide use of the Service in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to Users who are not individually licensed by YueDiligence or otherwise exploit for any commercial purposes any portion of, the use of or access to the Service or the materials or documentation provided on the website.
  6. Trademarks. Trademarks by YueDiligence may be used for the sole purpose of identifying the Service you wish to use. All other uses of the marks are strictly prohibited without the express written permission of YueDiligence. Permission to use these marks will be granted on a case-by- case basis. YueDiligence welcomes requests. Please direct your inquiries to info@yuediligence.com. All other trademarks, service marks, and trade names are the property of their respective owners.
  7. Modifications. YueDiligence reserves the right at any time and from time to time, in its sole discretion, to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including the transmission of any related materials or documentation) with or without notice. YueDiligence further reserves the right at any time and from time to time, in its sole discretion, to change or terminate without notice any content or features contained on the website. You agree that YueDiligence shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, content, or features provided on the website.
  8. System Limitations and Failures. YueDiligence uses internally developed systems for its Service(s). These systems may encounter technical limitations or other limitations, and computer and communications hardware systems might experience interruptions. Further, YueDiligence continually enhances and improves these systems in order to accommodate the level of use of YueDiligence. Furthermore, YueDiligence may add additional features and functionality to its Service that might result in the need to develop or license additional technologies. Increased utilisation of the YueDiligence Service or increased transaction volume through its processing systems or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. YueDiligence does not and cannot guarantee that the Service will never suffer from a software bug or from unauthorised use or hacking by third parties and YueDiligence shall not be liable for any loss suffered as a result of any system limitations, failures, bugs, unauthorised use or hacking.
  9. Accuracy of Information. If you choose to register for the Service, you agree to provide true, accurate, current and complete information and to maintain and update this information to keep it true, accurate, current and complete during the use of the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or YueDiligence has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YueDiligence has the right to suspend or terminate your account and to refuse any and all current or future use of the Service and/or the website (or any portion thereof). YueDiligence shall use and protect your proprietary data in accordance with the terms of our Privacy Policy (which is incorporated into these Terms and Conditions of Use by reference). YueDiligence does not review or verify any User content, and does not and cannot guarantee that any User content is accurate or complete.
  10. Confidentiality of Information. Personal and business information is private and confidential in YueDiligence. YueDiligence does not monitor or examine individual company information unless it is required to do so by law. YueDiligence may collect business information that may be used by in an anonymous aggregate form. This information will not be used with an identification of individual users or individual businesses. Transparency of user and business data related to an identifiable business is restricted to recipient users who have been specifically authorised to view such information by the originating and authorising user. Entrepreneur Users are responsible for maintaining the confidentiality of the information they provide and Investor Users are responsible for maintaining the confidentiality of the information they receive from Entrepreneur Users. Investor Users are prohibited from disclosing, distributing, or otherwise sharing with third parties confidential information received from Entrepreneur Users. Entrepreneur Users are fully responsible for all activities that occur under the password or account designation they are using and agree (a) to immediately notify YueDiligence of any unauthorised use of password or account designation or any other breach of security, and (b) to ensure prompt exit from the account at the end of each session. Entrepreneur Users also acknowledge and consent to the sharing of the information contained in their submitted surveys with the relevant Investor User, subject to these Terms and Conditions. YueDiligence shall not be liable for any loss or damage arising from failure to comply with these Terms and Conditions.
  11. Account Lockout. To reduce risk of unauthorised access, YueDiligence accounts are locked after five (5) consecutive incorrect login attempts, for a lockout period of sixty (60) minutes. When the lockout period expires, the account is automatically unlocked.
  12. Registration. Use of the Service may require payment and/or user fees. The registration and or usage fees posted on the website are subject to change without notice. The receipt of an e-mail confirmation does not constitute the acceptance of a registration application. YueDiligence reserves the right, without prior notification, to refuse registration to any User. YueDiligence may require verification of information prior to its acceptance of any application for registration, including credit card information. Registration may be cancelled by sending a message to info@yuediligence.com.
  13. Secure Online Transactions. YueDiligence makes every effort to ensure that all transactions on the website are secure. For more information on how we protect the security and quality of your proprietary information, please see the YueDiligence Privacy Policy. YueDiligence uses a secure sockets layer consisting of a public key and a private key. The public key is used to encrypt information and the private key is used to decipher it. When a browser points to a secured domain, a secure sockets layer handshake authenticates the server and the client and establishes an encryption method and a unique session key. Transactions can then begin with a secure session that guarantees message privacy and message integrity. If you discover any fraudulent activity on your credit card, please contact your credit card company immediately.
  14. Subscription Payment and Pricing. Pricing for the Service is based upon the subscription level you choose to purchase as indicated on the subscription page through which you subscribe to use the Service for a defined period of time. In consideration for the Service to be provided by YueDiligence, you agree to pay the subscription fees set forth. Paid subscription fees are non- refundable. When the subscription period ends, YueDiligence will send you a notice thereof to your email address on record, and your access to the Service will be disabled until payment for renewal of the service is received. If you have questions, you can contact YueDiligence at info@yuediligence.com.
  15. Cookies Policy. This website uses cookies. By using this website and agreeing to this policy, you consent to YueDiligence's use of cookies in accordance with the terms of this policy. Cookies are files sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers. There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
  16. External Sites. The website may include links to other web sites that are owned or operated by third parties ("External Sites"). YueDiligence does not have any control over or responsibility for the content, terms of use, practices, or policies of such External Sites, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such External Sites. You further acknowledge and agree that YueDiligence shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services, or other materials available on or through any External Sites. You should contact the site administrators and/or webmasters for such External Sites if you have any questions or concerns about their sites.
  17. Website Security Rules. Users are prohibited from violating or attempting to violate the security of the website, including, without limitation: (a) accessing data not intended for such User or logging into an account which such User is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or attempting to interfere with service to any User, host, or network. Violations of system or network security may result in civil or criminal liability. YueDiligence will vigorously pursue all potential violations of these security rules and will cooperate with law enforcement in prosecuting Users who are found to have violated these security rules.
  18. Online Commerce Security. Online commerce and communications rely on the secure transmission of confidential information over public networks. YueDiligence may rely on encryption and authentication technology licensed from third parties to provide the security and authentication technology to effect secure transmission of confidential information. There can be no assurance that advances in computer capabilities, new discoveries in the field of cryptography, or other events or developments will not result in a compromise or breach of the technology used by the YueDiligence to protect customer transaction data. There can be no assurance that YueDiligence's best of practice security measures will prevent security breaches.
  19. Incident Reporting. Users agree to immediately report to YueDiligence, all incidents involving suspected or actual unauthorised access, disclosure, alteration, loss, damage, or destruction of data.
  20. Monitoring. All electronic communications and content presented to and/or passed to and from the website, including that presented to and/or passed to and from remote access connections, may be monitored, examined or disclosed by any duly authorised employee or agent of YueDiligence if it is required to do so by law, any court of competent jurisdiction, any government agency or regulatory body lawfully requesting the same. Electronic communications and content may be examined by automated means. Further, YueDiligence reserves the right to reject from the network any electronic communications or content deemed not to be in compliance with YueDiligence corporate policies and procedures.
  21. Suspension; Termination. If it is determined that any User has violated any element of these Terms and Conditions, YueDiligence shall have the right, in its sole discretion, to suspend or terminate such User’s password, User account (or any part thereof) and access to the Service and the website. Users agree that any suspension or termination of access to the Service and the website, and any deletion of User account information, may be effected without prior notice. Users of the Services further agree that, upon termination, such Users shall immediately destroy any copies made of any portion of the content contained on the website. Finally, Users agree that YueDiligence shall not be liable to any User or third party for any suspension or termination of access to the Service and the website, or for any deletion of account information. All provisions relating to disclaimer of warranties, limitation of liability and remedies and damages contained in these Terms and Conditions shall survive termination.
  22. Users Responsibility to Comply With Securities Laws. It shall be the sole and exclusive responsibility of every User to comply with all laws in conducting activities on or through the Service including, without limitation, the filing of all necessary forms and materials with the Financial Services Board (the “FSB”) or other regulatory bodies, the verification of investors, and the inclusion of requisite information, disclaimers and legends on communications with investors and other materials, if applicable. All Users acknowledge and agree that YueDiligence is not a provider of legal, accounting, investment tax or other advice. All information provided in the Service pertaining to the securities laws is for informational purposes only and is not to be relied upon by Users as legal advice. All Users represent and warrant that they have consulted with, and/or will consult with, legal counsel prior to and during use of the Service or any features thereof.
  23. Disclaimer. All warranties and representations of any kind, express or implied, with respect to the Service or YueDiligence content contained therein are hereby disclaimed, including, but not limited to, (a) warranties as to merchantability or use for a particular purpose (including investment decisions), whether or not YueDiligence knows or has reason to know or has been advised of any such purpose, (b) warranties as to any results to be obtained from any use of the Service or YueDiligence content or information derived from the Service or YueDiligence content (c) any representation or warranty that the Service is in any way guidance for any enterprise in general to determine the suitability or desirability of business planning options or considerations. To the extent that any implied warranties cannot be disclaimed under applicable law, any such implied warranties are limited in duration to thirty (30) days from the delivery date. YueDiligence content, including the Service, shall not be construed as investment advice by YueDiligence, an opinion regarding the appropriateness or suitability of any investment by YueDiligence, or a recommendation or an offer or solicitation by YueDiligence for the purchase or sale of any security or securities in general, nor otherwise an endorsement, inducement, or solicitation of any type. YueDiligence shall have no liability for investment decisions based upon, or the results obtained, from YueDiligence content, including the Service. YueDiligence content is intended for general information purposes only and should not be relied or acted on without obtaining business and/or legal advice. Metrics are calculated on the basis of historical observations and should not be relied on to predict future trends. YueDiligence shall have no liability for any losses (whether direct or indirect, in contract, tort, or otherwise) incurred in connection with the Service or results or YueDiligence content, including but not limited to lost revenue or profit, or any other commercial or economic loss, or for any decision made or action taken by any third party in reliance upon the Service or YueDiligence content.
  24. Limitation of Liability. In no event shall YueDiligence have any liability for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages (whether in contract, tort, or otherwise) incurred in connection with the Service or YueDiligence content, including but not limited to lost revenues or profits, lost or damaged data, damage to or interruption of any local area networks, introduction of viruses, worms or other destructive programs or any other commercial or economic losses, any decision made or action taken by any party in reliance on the Service (or its results or the YueDiligence content) any delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Service, or any inaccuracies, errors or omissions in connection with the Service and any YueDiligence content. The maximum aggregate liability of YueDiligence and its agents, representatives and employees in connection with the Service and YueDiligence content, whether in tort, contract or otherwise, shall not exceed the amount of the registration and User fees paid for the use of the Service.
  25. Indemnity. Users agree to defend, indemnify, and hold YueDiligence, its officers, directors, employees, agents, licensees and licensors harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, all reasonable legal and accounting fees, resulting from, or alleged to result from violation of these Terms and Conditions.
  26. Foreign Jurisdictions. YueDiligence makes no representation that the content contained on the website is appropriate for use outside of South Africa. If you access the website from outside South Africa, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
  27. Governing Law; Arbitration. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, without regard for such State's principles regarding conflicts of laws, and excluding that body of law applicable to choice of law. Any dispute or controversy arising hereunder shall be settled exclusively by arbitration to be held in the Cape Town South Africa before a single arbitrator in accordance with the rules of the Arbitration Foundation of South Africa. The arbitrator may grant injunctive or other relief. The decision of the arbitrator shall be final and binding on the parties. A party may apply for the arbitrator’s decision to be made an order of court in any South African court having jurisdiction, and the parties irrevocably consent to the jurisdiction of the courts located in Cape Town for that purpose.
  28. Severability. The invalidity or unenforceability of any particular provision of these Terms and Conditions shall not affect any other provision hereof, and these Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provision were omitted. If it is determined that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforceable as so limited.
  29. Self-Reported Metrics. Entrepreneur Users are responsible for self-reporting their funding figures and other information. Should, through your due-diligence, any question of veracity of authenticity of their claims arise, please contact us immediately so that we can take the appropriate steps.
  30. General. These Terms and Conditions constitute the entire agreement between you and YueDiligence and govern use of the Service and the website, superseding any prior agreements between Users and YueDiligence, whether oral or in writing. Use of the website is also subject to the Privacy Policy. The failure of YueDiligence to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or any further right hereunder. YueDiligence shall have the right to collect any expenses incurred including attorneys' fees in enforcing its rights under these Terms and Conditions. By using this website and the associated tools, you acknowledge that the risk and rating metrics are objective computer-generated metrics, are in no way subjective, and are not tailored to your specific investment or risk criteria, use, or need. You further agree to indemnify and hold-harmless YueDiligence and all partners and affiliates from any loss or harm by using the ratings and risk metrics. Investment decisions should not be made in reliance of these metrics; their entire purpose is to serve as a sorting tool. Investors are responsible for their own due-diligence. For more on the risks of investing, please visit www.YueDiligence.com/risk-factors.

By using the Service, you acknowledge that YueDiligence acts only as a light touch due diligence facilitation tool. You agree to indemnify and hold-harmless YueDiligence and any and all of their partners and affiliates from loss from Investing.