Flyte

Introduction and Legal Terms

By accessing or using our website, https://www.flyte.inc/ or any related platform or application (collectively, "the Platform"), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein ("Terms"). All rights in and to the content of the Platform always remain expressly reserved by Flyte, a product of MzansiGo South Africa (Pty) Ltd t/a Flyte ("Flyte").

These Terms explain the conditions applicable to how you will use the Platform and our Services. Please read these Terms carefully before using the Platform or subscribing for our services. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

The terms "user", "you" and "your" are used interchangeably in these Terms and accordingly refer to (i) you, as our client; or the administrator of your account ("admin") and/or (iii) any secondary users including employees and any other personnel who access and/or use the Services under your account (the "authorised user(s)"). Accordingly, the terms "us", "our" or "we" refers to Flyte or our possession.

Our Services

What Our Platform Offers

Flyte operates in the logistics sector and provides a technology-enabled platform and related services that facilitate and orchestrate the commercial relationship between shippers and transporters. Shippers may use the platform to request the movement of goods, and transporters may use the platform to offer capacity to move such goods.

Our Services includes receiving and processing load requests from shippers, identifies and allocates suitable transporters to those loads, manages and monitors the execution of such loads for the duration of the transport period, and, upon completion, facilitates and administers the associated settlement, including invoicing, billing, and payment processing between the parties.

The Platform is made available as a web-based service and may also be accessed through our mobile applications. Separate mobile applications may be provided for shippers and for transporters, and each such application will constitute part of the Platform for purposes of these Terms. Access to and use of the Platform, whether via web browser or mobile application, is subject to these Terms and any additional terms and conditions applicable to the relevant application store or distribution channel.

To initiate, access, or engage with the Services, you must communicate with Flyte either:

via the Platform/website at the address specified in these Terms, or
by sending an email to the email address specified in these Terms or otherwise notified by us from time to time. Flyte does not accept or process any new service requests, instructions, or changes to existing arrangements via any other channels (including, without limitation, instant messaging, social media, or verbal instructions), unless we expressly agree otherwise in writing.

Services Disclaimer

You acknowledge and agree that the Platform and the Services are intended solely to facilitate, broker, and orchestrate logistics arrangements between shippers and transporters. Flyte does not itself provide, perform, or undertake any transport, shipping, carriage, warehousing, handling, or physical movement of goods, and does not act as a carrier, transporter, freight forwarder, warehouse operator, or bailee of any kind.

All transport and related logistics services are provided directly by independent third-party transporters in their own name and on their own account, and any contract for the carriage or movement of goods is concluded solely between the relevant shipper and transporter. Flyte's role is limited to providing the digital freight/transport marketplace and orchestration platform, together with related support and settlement services (including invoicing, billing, and payment facilitation), and Flyte shall not be deemed to be a party to, or responsible for performance under, any transport or shipping agreement between shippers and transporters.

You acknowledge and agree that Flyte has no custody of, control over, or responsibility for any goods that are shipped, carried, handled, stored, or otherwise transported pursuant to arrangements made through the Platform or the Services. All risk in and to the goods, including without limitation loss, theft, damage, delay, misdelivery, or non-delivery, remains at all times with the relevant shipper and/or transporter, as applicable.

It is the sole responsibility of the shipper and/or transporter (and not Flyte) to ensure that adequate and appropriate insurance cover is in place for the goods in transit and for any related logistics risks. Flyte does not arrange, provide, or advise on insurance of any kind, and makes no representation or warranty regarding the existence, scope, adequacy, or validity of any insurance cover maintained by any shipper, transporter, or third party.

The Platform and the Services are designed for, and are only made available in respect of, logistics movements originating in, destined for, or transiting within the Republic of South Africa and its neighbouring countries (including, without limitation, Namibia, Botswana, Zimbabwe, Mozambique, Eswatini and Lesotho), unless we expressly agree otherwise in writing. You acknowledge and agree that Flyte does not offer, support, or assume any responsibility for the use of the Platform or the Services in relation to any shipments, transport movements, or logistics activities outside of these territories, and that any such use will be entirely at your own risk and responsibility.

Modification to the Services

We may continuously update our Services with new capabilities or offerings or replace and/or discontinue some of the capabilities. You acknowledge and agree that some of the features and capabilities may be experimental in nature. In addition, we may at any time, in our sole discretion add or remove supported features and/or capabilities.

Onboarding and Creating a Profile with Flyte

Onboarding

Once you contact Flyte to enquire about or engage with the Services (including via the Platform/website or by email as contemplated in these Terms), we may conduct such credit, risk, and related background checks on you and/or your business as we deem reasonably necessary as part of our onboarding and vetting process. This process may take 7 (Seven) days to conclude.

You expressly consent to Flyte (and its authorised third-party service providers) carrying out these checks and to the collection, use, and processing of any personal and/or business information required for this purpose, in accordance with applicable law and our Privacy Policy.

On completion of our onboarding and vetting process, Flyte will, in its sole discretion, determine whether to approve or decline your application to use the Services. Only once you have been approved by Flyte will you be permitted to register and create a shipper or transporter profile on the Platform and access the Services, subject always to these Terms and any additional conditions that Flyte may communicate to you, in writing.

Creating a Profile

To use the Services and Platform, you must register and open an account/profile through the Platform or as otherwise directed. To complete the account registration, we will require certain information which may include company information, contact information and an adequate password. By providing us with such personal information, you consent to us processing data of your company, admin and authorised users.

Accurate Information: When signing up to our Services you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect the privacy and security of your account, we take reasonable steps to verify your access by requiring your password together with your email address to grant access to your company account and associated data. Please update recorded personal data yourself where necessary through your account or contact us to view or change your personal data and accesses provided.

Warranty: By sharing personal data with us, you warrant that the persons using the Services have the authority to do so and to act on behalf of a juristic entity. You are responsible for the information provided, and all the actions taken on the Platform and through the Services. Please see our Privacy Policy for more details on how we use and processes personal data.

Unlawful Access: Please let us know if you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.

Payment Terms

Service Fee: Access to and use of the Platform is currently made available free of charge. You acknowledge and agree, however, that all bookings, loads, jobs, and related transport arrangements initiated, accepted, or managed via the Platform are concluded directly between the relevant shipper and transporter, and that those parties are solely responsible for negotiating, agreeing, and performing the applicable commercial and operational terms between themselves.

Online Payment: Payment is facilitated via a third party payment service provider. You understand that you will be bound by the third party payment service provider's terms and conditions for the processing of your payment/s.

Payments to Shippers and Transporters

Payments by Flyte to shippers and transporters in respect of any booking, load, or job facilitated via the Platform will only become due and payable once satisfactory proof of delivery ("POD") has been submitted to, received by, and verified by Flyte, in a form and manner acceptable to Flyte in its sole discretion. You acknowledge that the nature, format, and verification requirements for POD, as well as the timing of payment following receipt of POD, may differ depending on the type of delivery, service, or arrangement in question.

Specific payment timelines, settlement cycles, and any additional conditions applicable to payments for your account will be as set out in, or linked to, your shipper or transporter profile on the Platform (or otherwise communicated to you in writing by Flyte from time to time), and you agree to review and comply with those terms. Flyte shall not be obliged to make any payment to you unless and until all applicable POD and other payment conditions specified in your profile or otherwise notified to you have been met.

Limitation of Use: Your right to use our Platform is subject to any limits we or bank card issuer. 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 Services.

Refunds: All fees, charges, commissions, and other amounts paid or payable to Flyte in connection with the Platform or the Services (including, without limitation, any service fees, percentage-based fees on bookings, loads, or jobs, and any other agreed charges) are non-refundable. By using the Platform and the Services, you acknowledge and agree that Flyte does not offer refunds or credits for any such amounts, whether paid in advance or otherwise, regardless of your level of usage, any cancellation or termination of a booking, load, job, or your account, or any suspension or discontinuation of the Services, except where a refund is expressly required by applicable law or expressly agreed to by Flyte in writing in a particular case.

Delivery of Goods and Trip Management

Flyte provides a trip management functionality within the Platform through which delivery opportunities, load requests, and transport jobs are created, managed, and monitored.

Shippers may submit load opportunities or requests to Flyte using various communication channels (including, without limitation, email, telephone, instant messaging applications such as WhatsApp, or other channels agreed with Flyte from time to time).

Once a load request is received, Flyte will, acting in its capacity as a digital freight / transport marketplace and orchestration platform, capture and load the relevant details onto the trip management section of the Platform, where such load can be viewed, accepted, and managed by approved shippers and transporters.

You acknowledge and agree that:

any information you provide to Flyte in relation to a load request (including via WhatsApp or other messaging channels) must be accurate, complete, and up to date;
Flyte will rely on the information you provide when creating and managing loads on the Platform; and
you remain solely responsible for reviewing and confirming the accuracy of all load details reflected on the Platform (including collection and delivery points, dates and times, nature and quantity of goods, and any special instructions) before accepting or performing any delivery.

Flyte shall not be liable for any delay, loss, damage, or other consequences arising from incomplete, inaccurate, or ambiguous information supplied by you or from your failure to verify the load details recorded on the Platform.

Flyte does not inspect, verify, or take custody of any goods and has no obligation to monitor or police the legality of goods transported using the Platform or the Services. You indemnify and hold Flyte harmless against any loss, damage, fine, penalty, claim, cost, or liability (including legal costs on an attorney-and-client scale) arising from or in connection with any breach of this clause, including the transport of any illegal, hazardous, controlled, or otherwise prohibited items, except to the extent such loss arises from the gross negligence or wilful misconduct of Flyte or its representatives. Flyte reserves the right, in its sole discretion and without liability, to suspend or terminate your access to the Platform or the Services and/or to report any suspected unlawful activity to the relevant authorities.

Responsibilities and Warranties

Platform Responsibilities: by using the Platform and/or the Services, you, as our client, warrant that -

you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
all goods tendered, listed, shipped, carried, handled, stored, or otherwise transported through arrangements facilitated by the Platform or the Services are lawful and do not contain, comprise, or relate to any illegal, hazardous, controlled, or otherwise prohibited items under any applicable law, regulation, or industry code (including, without limitation, narcotics, unlicensed firearms or ammunition, counterfeit goods, stolen property, or any items whose transport, possession, or export/import is restricted or requires permits which you do not hold);
You are solely responsible for ensuring that all necessary licences, permits, approvals, and customs or regulatory clearances required in respect of the goods and their transport are obtained and maintained, and that all descriptions, declarations, and documentation relating to the goods are true, accurate, and complete in all respects;
you have not made any misrepresentations and the information provided in the registration process about your company and/or your authorised users is true, accurate and complete in every aspect;
all users of the Platform and the Services are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
you lawfully possess and submit all information to Flyte for the use of the Platform and the Services and hereby indemnify Flyte against any third-party claims that may arise due to the processing of the information shared by you with Flyte;
you will not post, upload, replicate or transmit any abusive content on the Platform or through the Services 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 or the Services;
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 or the Services 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 or the Services or the underlying software code;
you will not infringe the intellectual property or other rights of any third party or Flyte or transmit content that you do not own or do not have the right to publish or distribute;
you will not use the Platform or the Services for any commercial purpose other than as expressly provided for by Flyte herein;
you will not use the Platform or the Services 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
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 Flyte to enforce all of our rights in the case of breach, including but not limited to denying you access to the Platform or the Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

Connected Devices: The Platform and Services are 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 and the Services. We do not guarantee that the Platform or the Services, or any portion thereof, will function on any particular hardware or device.

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

Confidentiality

You acknowledge that the processes, functionality, and services of the Platform constitute valuable proprietary and confidential information of Flyte. You agree to maintain the confidentiality of all such information and not to disclose, reproduce, or use any part of Flyte's content, processes, or services for any purpose other than as expressly permitted under these Terms. This obligation of confidentiality will survive the termination of your use of the Platform and Services. You further agree to take all reasonable steps to protect Flyte's confidential information from unauthorised or competitive access or disclosure.

Data Processing

We will store and process all data you share with us when signing up to our Services and through your Platform account when using the Services, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013 ("POPIA")) and our Privacy Policy (which you can access on our Platform).

Messages and Hyperlinks

Data Messages between You and Flyte

Data messages, including email messages and support queries, you send to us will be considered as received only when we acknowledge or respond to these messages.

Data messages we send to you will be regarded as received when the data message enters your inbox or messaging inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

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.

Hyperlinks, Deep Links, Framing

The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are 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.

We do 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. 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.

Intellectual Property

Platform IP: All Platform and software layout, Platform and software 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, ("the intellectual property") are owned (or co-owned or licenced, as the case may be) by Flyte, our shareholders, directors, and/or affiliates, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

Feedback: If you provide us with any suggestions, comments or other feedback relating to our Services or company (collectively, "Feedback"), such Feedback is provided 'as is' and is and will be deemed as our sole and exclusive property. You hereby irrevocably assign to us all of your rights, title and interest in and to all Feedback, 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 to us which is subject to any third-party rights or any limitations or which you are otherwise precluded from providing to us 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 by you.

No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform, the Services or the Platform 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 or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we 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.

Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform or within the Services, or to suspend or terminate the Platform or the Services, 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).

Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party ("third party IP") 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. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related third party IP. Reshit disclaims all liability related to any third-party components utilised in the Services. You acknowledge that Flyte is not the author, owner or licensor of any third-party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP.

Indemnities and Disclaimers

Disclaimers

The Platform and Services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Flyte does not warrant that the Platform or Services will meet your specific requirements or that any defects or errors will be corrected. You acknowledge and agree that your use of the Platform and Services is at your sole risk.

No advice or information, whether oral or written, obtained by you from Flyte shall create any warranty not expressly stated in these Terms. You are solely responsible for ensuring that your use of the Platform and Services complies with all applicable laws and regulations.

We take reasonable security measures to ensure the safety and integrity of the Platform and the Services and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform or the Services will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform or the Services will be free of bugs, viruses, worms, trojan horses or other harmful components.

Flyte shall have no liability whatsoever for any third-party integrations, external dependencies, or any service downtime, interruptions, or failures resulting from such integrations or dependencies. Furthermore, Flyte shall not be liable for any events or circumstances outside its reasonable control, including but not limited to network failures, data centre outages, failures of internet service providers, or the compromise of client credentials. You acknowledge and agree that your use of any third-party integrations or reliance on external services is entirely at your own risk, and Flyte makes no warranties or representations regarding the availability, reliability, or security of such third-party services or integrations.

To the maximum extent permitted by applicable law, Flyte, its shareholders, directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Platform or Services; (ii) any interruption or cessation of transmission to or from the Platform; or (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party.

You expressly acknowledge and agree that Flyte is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties.

Indemnities

You indemnify and hold harmless Flyte, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including reasonable 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 Services or transactions concluded thereby in any way, except to the extent such losses arise from the gross negligence or wilful misconduct of Flyte or its representatives.

You agree to indemnify, defend, and hold Flyte, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) to the extent arising from your use of the Platform or Services and/or breach of these Terms, except to the extent such liability, loss, claim, or expense results from the gross negligence or wilful misconduct of Flyte or its representatives.

Limitation on Amount of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY BE HELD LIABLE UNDER THESE TERMS FOR ANY AMOUNT EXCEEDING THE AMOUNT PAID BY A CLIENT TO RESHIFT FOR ITS SERVICES DURING THE PRECEDING TWELVE MONTHS.

This clause will survive termination of these Terms.

Dispute Resolution

Negotiation: Should any dispute, disagreement or claim arise between you and Flyte concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.

Arbitration: 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 Flyte.

Jurisdiction: 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.

No publication: 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.

Termination of Use

IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM OR SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

Either party may terminate your use of the Platform and/or the Services, and the contractual relationship created by these Terms, at any time with at least 60 Sixty days written notice to the other party, subject to the completion of any bookings, loads, jobs, or other commitments already accepted or in progress at the time of such notice, and subject to the settlement of all amounts then due and payable.

You acknowledge that termination by you will not relieve you of any obligations or liabilities incurred prior to the effective date of termination, including (without limitation) payment of any fees, charges, or commissions due to Flyte, and compliance with any confidentiality, intellectual property, indemnity, and limitation of liability provisions, all of which shall survive termination. Flyte's right to restrict or terminate your use of the Platform or Services immediately in the event of breach, as set out elsewhere in these Terms, will continue to apply in addition to this reciprocal termination right.

In the event of termination of your agreement with these Terms we will remove you from the Platform and the Services and delete your profile and associated data in accordance with our data retention formula and processes.

Notices and Service Address

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:

in the case of Flyte, at support@flyte.inc ; or
in the case of the client, at the e-mail, contact number, and/or address provided when onboarding with us.

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.

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.

General

Relationship Between the Parties: 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.

Force Majeure: 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 minimise any delay occasioned

Change Without Notice: The Platform 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. Your continued access or use of the Platform 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.

Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.

No Indulgence: No indulgence, leniency or extension of time granted by Flyte shall constitute a waiver of any of Flyte's rights under these Terms and, accordingly, Flyte 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.

Importation of Words: 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.

Headings as Reference: 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.

Governing Law: Your access and/or use of the Platform and/or the Services, any downloaded material from it 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.

Failure to Pay: In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Flyte in relation to the payment failure or breach.

Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions above.

TERMS AND CONDITIONS OF USE