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This Agreement is made on the [insert day] day of [MONTH] [YEAR] Between REDEFYNEX (PTY) LTD And: USER/CUSTOMER Parties (1) REDEFYNEX (PTY) LTD (registration number (2026/009547/07)), a private company duly incorporated and existing under the laws of the Republic of South Africa, with its registered address at 56 Elias Motswaledi St, Evander, Mpumalanga, 2280, South Africa ("ReDefyneX", "Company", "we", "us" or "our"); and (2) The User being any individual person or any juristic person that accesses, uses or interacts with ReDefyneX's services, including but not limited to the Fodisa web application and any related software, platforms, or services provided by ReDefyneX ("User", "you" or "your"). Background 1. ReDefyneX is a South African software-as-a-service (SaaS) company that develops and provides innovative technology solutions designed to enhance operational efficiency and user experience across various industries. 2. The Company has developed a web-based application called "Fodisa," which is a queue management system that allows users to join virtual queues remotely using their electronic devices and receive automated notifications when it is time to commence travel toward the designated service location. 3. The Fodisa application operates through a cloud-based platform that integrates real-time queue monitoring, predictive analytics, and intelligent notification systems to optimize user waiting times and improve service delivery experiences. 4. ReDefyneX provides the Fodisa service and related technological solutions to users on a subscription basis, subject to the terms and conditions contained herein and in accordance with applicable South African law. 5. The User wishes to access and utilize the Fodisa application and related services provided by ReDefyneX for the purpose of managing queue participation and receiving location-based notifications. 6. The parties wish to record the terms and conditions governing the provision and use of the Fodisa service, including but not limited to service access, user obligations, data protection, intellectual property rights, and limitation of liabilities. 7. This Agreement is intended to create a legally binding relationship between ReDefyneX and the User in respect of the provision and use of the Fodisa service and any ancillary services or features that may be added or modified from time to time. 1. Definitions 1. In this Agreement, unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them below: 2. Account means the user account created by a User to access and use the Service, including all associated login credentials, profile information, and usage data; 3. Agreement means these Terms and Conditions, as may be amended, modified or supplemented from time to time in accordance with the provisions hereof; 4. Confidential Information means any proprietary, confidential or non-public information disclosed by one party to the other, including but not limited to technical data, trade secrets, know-how, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information; 5. Content means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted; 6. Device means any electronic device capable of accessing the internet, including but not limited to smartphones, tablets, laptops, desktop computers, and other mobile or stationary computing devices; 7. Effective Date means the date on which the User first accepts these Terms and Conditions or first accesses or uses the Service, whichever occurs first; 8. Fodisa means the proprietary web-based queue management application developed and operated by ReDefyneX, including all software, features, functionalities, and related services; 9. Force Majeure Event means any event or circumstance beyond the reasonable control of a party, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, epidemics, pandemics, cyberattacks, or failure of telecommunications or internet services; 10. Intellectual Property Rights means all intellectual property rights worldwide, including but not limited to copyrights, trademarks, service marks, trade names, patents, trade secrets, database rights, design rights, and any other proprietary rights; 11. Location means any physical address, establishment, or geographical coordinate where queue management services are provided through the Fodisa application; 12. Notification means any alert, message, or communication sent by the Service to a User through push notifications, SMS, email, or any other electronic communication method; 13. Personal Information has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013, and includes any information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person; 14. POPIA means the Protection of Personal Information Act 4 of 2013, including any regulations promulgated thereunder and any amendments thereto; 15. Queue means a virtual waiting line created and managed through the Fodisa application for users awaiting service at a specific Location; 16. Service means the Fodisa application and all related services, features, functionalities, software, platforms, and technologies provided by ReDefyneX to Users; 17. User Data means all data, information, and content provided, uploaded, or generated by a User in connection with their use of the Service, including but not limited to profile information, location data, and usage patterns; 18. User Generated Content means any Content created, uploaded, submitted, or otherwise made available by Users through the Service; 19. Working Days means Monday to Friday, excluding public holidays in the Republic of South Africa. 2. Service Description and Access 2.1 Service Overview ReDefyneX provides the Fodisa web application as a cloud-based queue management service that enables Users to join virtual queues remotely and receive automated notifications regarding optimal departure times for their designated service locations. 2.2 Core Service Features The Service includes the following primary functionalities: 1. Virtual queue enrollment through the web-based interface; 2. Real-time queue position tracking and status updates; 3. Predictive analytics to estimate waiting times and optimal departure scheduling; 4. Automated push notifications and alerts sent to registered Devices; 5. Location-based services integration for travel time calculations; 6. Queue management dashboard accessible through supported web browsers. 2.3 System Requirements 1. Users must ensure their Devices meet the following minimum technical specifications: 2. Internet connectivity with stable broadband or mobile data connection; 3. Compatible web browser with JavaScript enabled (Chrome 90+, Firefox 88+, Safari 14+, or Edge 90+); 4. Device operating system supporting modern web standards (iOS 13+, Android 8+, Windows 10+, macOS 10.15+); 5. Location services enabled on the Device for optimal service functionality; 6. Push notification capability for timely service alerts. 2.4 Account Registration Access to the Service requires completion of the following registration process: 1. Provision of accurate personal details including full name, email address, and mobile phone number; 2. Creation of a secure password meeting ReDefyneX's specified security criteria; 3. Verification of email address and mobile phone number through automated confirmation processes; 4. Acceptance of these Terms and Conditions and the Privacy Policy; 5. Selection of appropriate service subscription tier, where applicable. 2.5 Access Conditions User access to the Service is subject to the following conditions: 1. Maintenance of current and accurate Account information at all times; 2. Compliance with all applicable subscription fees and payment obligations; 3. Adherence to the acceptable use policies outlined in Section 3 of this Agreement; 4. Use of the Service solely for lawful purposes and in accordance with these Terms and Conditions; 5. Responsibility for maintaining the confidentiality and security of Account credentials. 2.6 Service Availability ReDefyneX will use commercially reasonable efforts to maintain Service availability, subject to: 1. Scheduled maintenance windows communicated to Users with reasonable advance notice; 2. Emergency maintenance or security updates that may require temporary service interruption; 3. Third-party infrastructure dependencies beyond ReDefyneX's direct control; 4. Force Majeure Events as defined in Section 12 of this Agreement. 2.7 Service Modifications ReDefyneX reserves the right to modify, enhance, or discontinue Service features with thirty (30) days' prior written notice to Users, except where immediate changes are required for security or legal compliance purposes. 3. User Obligations and Acceptable Use 1. The User shall provide accurate, current, and complete information during the Account registration process and shall promptly update such information to maintain its accuracy throughout the term of this Agreement. 2. The User is solely responsible for maintaining the confidentiality and security of their Account credentials, including usernames and passwords, and shall not share such credentials with any third party. 3. The User shall immediately notify ReDefyneX of any unauthorized use of their Account or any other breach of security that comes to their attention. 4. The User agrees to use the Service solely for lawful purposes and in accordance with this Agreement and all applicable laws and regulations of the Republic of South Africa. 5. The User shall not: 1. use the Service to transmit, distribute, or store any unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable content; 2. attempt to gain unauthorized access to any portion of the Service, other User accounts, or any systems or networks connected to the Service; 3. interfere with or disrupt the Service or servers or networks connected to the Service; 4. use any automated means, including robots, crawlers, or data mining tools, to access or collect information from the Service; 5. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service; 6. create derivative works based on the Service or use the Service to develop competing products or services; 7. remove, alter, or obscure any proprietary notices, including copyright and trademark notices, displayed in connection with the Service. 6. The User acknowledges that they are responsible for obtaining and maintaining any Device and internet connectivity required to access and use the Service. 7. The User shall comply with all Location-specific rules, regulations, and policies when using the Fodisa queue management system at designated service locations. 8. The User agrees to respond promptly to Notifications and to arrive at the designated Location within the time specified in such Notifications. 9. The User shall not create multiple Accounts for the same individual or entity without prior written consent from ReDefyneX. 10. ReDefyneX reserves the right to suspend or terminate User access to the Service immediately upon discovery of any violation of these User obligations. 4. Intellectual Property Rights 1. Ownership of ReDefyneX Intellectual Property 1. ReDefyneX retains all right, title and interest in and to the Service, including without limitation the Fodisa application, all software, technology, algorithms, source code, object code, documentation, user interfaces, graphics, designs, trademarks, service marks, trade names, logos and all Intellectual Property Rights relating thereto. 2. No title to or ownership of any proprietary rights related to the Service is transferred to the User under this Agreement. 2. Limited License to Users 1. Subject to compliance with this Agreement, ReDefyneX grants the User a non-exclusive, non-transferable, revocable license to access and use the Service solely for the User's internal business purposes during the term of this Agreement. 2. The license granted in clause 4.2.1 does not include any right to sublicense, distribute, modify, reverse engineer, decompile, disassemble or create derivative works of the Service. 3. User Generated Content 1. The User retains ownership of all User Generated Content provided to or through the Service. 2. By providing User Generated Content, the User grants ReDefyneX a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt and distribute such content solely for the purpose of providing the Service and improving its functionality. 3. The User represents and warrants that it has all necessary rights to grant the license specified in clause 4.3.2 and that the User Generated Content does not infringe any third party Intellectual Property Rights. 4. Trademark Restrictions 1. The User shall not use ReDefyneX's trademarks, service marks, trade names, logos or other proprietary designations without ReDefyneX's prior written consent. 2. Any permitted use of ReDefyneX's trademarks must comply with ReDefyneX's trademark usage guidelines as may be provided from time to time. 5. Protection of Intellectual Property 1. The User shall immediately notify ReDefyneX of any unauthorized use, copying or disclosure of the Service or ReDefyneX's Intellectual Property Rights of which the User becomes aware. 2. The User shall not remove, alter or obscure any proprietary notices, labels or marks on or within the Service. 6. Feedback and Suggestions 1. Any feedback, suggestions, ideas or other information provided by the User regarding the Service shall be deemed non-confidential and ReDefyneX shall be free to use such feedback without restriction or compensation to the User. 5. Confidentiality 1. Each party acknowledges that it may have access to or receive Confidential Information of the other party in connection with this Agreement and the provision or use of the Service. 2. Each party undertakes to: 1. keep all Confidential Information strictly confidential and not disclose it to any third party without the prior written consent of the disclosing party; 2. use Confidential Information solely for the purpose of performing its obligations or exercising its rights under this Agreement; 3. take reasonable security measures to protect Confidential Information from unauthorized access, use, or disclosure, which measures shall be no less stringent than those applied to protect its own confidential information; 4. limit access to Confidential Information to those employees, agents, or advisors who have a legitimate need to know such information for the purposes of this Agreement and who are bound by confidentiality obligations no less restrictive than those contained herein. 3. The obligations in clause 5.2 shall not apply to information that: 1. is or becomes publicly available through no breach of this Agreement by the receiving party; 2. was rightfully known to the receiving party prior to disclosure by the disclosing party; 3. is rightfully received by the receiving party from a third party without breach of any confidentiality obligation; 4. is required to be disclosed by law or court order, provided that the receiving party gives the disclosing party reasonable notice of such requirement where legally permissible. 4. Upon termination of this Agreement or upon request by the disclosing party, each party shall promptly return or destroy all documents, materials, and copies containing or embodying Confidential Information of the other party. 5. Each party acknowledges that any breach of this clause 5 may cause irreparable harm to the disclosing party and that monetary damages may be inadequate compensation, and accordingly agrees that the disclosing party shall be entitled to seek equitable relief, including injunctive relief, without prejudice to any other rights or remedies available at law or in equity. 6. The obligations contained in this clause 5 shall survive termination of this Agreement for a period of five years. 6. Data Privacy and Protection 1. POPIA Compliance ReDefyneX processes Personal Information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and is committed to protecting the privacy and confidentiality of User Personal Information. 2. Data Collection 1. ReDefyneX collects Personal Information that is necessary for the provision of the Service, including but not limited to contact details, location data, Device information, and usage patterns. 2. Personal Information is collected directly from Users during Account registration, through use of the Service, and via automated systems including cookies and tracking technologies. 3. Users consent to the collection and processing of their Personal Information for the purposes set out in this Agreement and ReDefyneX's privacy policy. 3. Purpose of Processing ReDefyneX processes Personal Information for the following purposes: 1. providing and maintaining the Service; 2. sending Notifications related to Queue status and Location information; 3. improving Service functionality and user experience; 4. complying with legal obligations; and 5. preventing fraud and ensuring security of the Service. 4. Data Storage and Location 1. Personal Information is stored on secure servers located within South Africa or in jurisdictions with adequate data protection laws as determined by the Information Regulator. 2. ReDefyneX implements appropriate technical and organizational measures to protect Personal Information against unauthorized access, alteration, disclosure, or destruction. 5. Data Retention Personal Information will be retained only for as long as necessary to fulfill the purposes for which it was collected or as required by applicable law, after which it will be securely deleted or anonymized. 6. User Rights 1. Users have the right to request access to, correction of, or deletion of their Personal Information held by ReDefyneX. 2. Users may object to the processing of their Personal Information or request restriction of processing in certain circumstances. 3. Requests regarding Personal Information must be submitted in writing to ReDefyneX and will be processed within the timeframes prescribed by POPIA. 7. Third-Party Sharing 1. ReDefyneX does not sell Personal Information to third parties. 2. Personal Information may be shared with service providers, contractors, or business partners who assist in providing the Service, subject to appropriate confidentiality and data protection obligations. 3. Personal Information may be disclosed where required by law or to protect ReDefyneX's legitimate interests, including prevention of fraud or security threats. 8. Cross-Border Transfers Any transfer of Personal Information outside South Africa will be conducted in accordance with POPIA requirements and will include appropriate safeguards to protect the Personal Information. 9. Data Breach Notification 1. In the event of a data breach involving Personal Information, ReDefyneX will notify affected Users and relevant authorities as required by POPIA within the prescribed timeframes. 2. ReDefyneX maintains a comprehensive privacy policy that provides additional detail Privacy Policy regarding data processing practices, which forms part of this Agreement and is available on the Service platform. 7. Service Availability and Performance 1. Service Availability 1. ReDefyneX will use commercially reasonable efforts to make the Fodisa service available to Users twenty-four (24) hours per day, seven (7) days per week. 2. ReDefyneX does not guarantee uninterrupted or error-free operation of the Service and expressly disclaims any warranty regarding Service availability or uptime percentages. 3. The Service may be temporarily unavailable due to scheduled maintenance, system updates, technical difficulties, or circumstances beyond ReDefyneX's reasonable control. 2. Scheduled Maintenance 1. ReDefyneX reserves the right to perform scheduled maintenance on the Service during off-peak hours, typically between 02:00 and 06:00 South African Standard Time. 2. ReDefyneX will endeavor to provide Users with at least seventy-two (72) hours advance notice of scheduled maintenance that may result in Service interruption exceeding thirty (30) minutes. 3. Maintenance notifications will be provided through the User's registered email address or through in-application notifications. 3. Unscheduled Downtime 1. In the event of unscheduled Service interruption, ReDefyneX will use reasonable efforts to restore Service functionality as promptly as possible. 2. ReDefyneX will provide status updates regarding significant Service outages through its designated communication channels, including the company website and registered User email addresses. 3. Users acknowledge that temporary Service unavailability may occur without prior notice due to technical failures, security incidents, or Force Majeure Events. 4. Performance Limitations 1. Service performance may vary depending on factors including but not limited to internet connectivity, Device specifications, network congestion, and geographic location. 2. ReDefyneX does not guarantee specific response times for queue notifications or real-time accuracy of queue position information. 3. The effectiveness of location-based notifications depends on the User's Device settings, GPS accuracy, and mobile network availability, which are beyond ReDefyneX's control. 5. Service Level Exclusions 1. Service availability calculations exclude downtime resulting from User equipment failures, internet service provider issues, or User's failure to follow prescribed technical requirements. 2. Beta features, experimental functionality, and services designated as "preview" or "trial" are provided without any availability commitments or performance guarantees. 8. Payment Terms and Billing 1. Subscription Plans and Fees 1. The Service is offered through various subscription plans as detailed on the ReDefyneX website or application interface, which may include free tier options and paid premium features. 2. All subscription fees are quoted and payable in South African Rand (ZAR) unless otherwise specified. 3. ReDefyneX reserves the right to modify subscription fees upon thirty (30) days' written notice to Users, with changes applying to subsequent billing cycles. 2. Payment Methods and Authorization 1. Users may pay subscription fees through credit card, debit card, electronic funds transfer, or other payment methods approved by ReDefyneX. 2. By providing payment information, Users authorize ReDefyneX to charge the designated payment method for all applicable fees and charges. 3. Users are responsible for maintaining current and valid payment information and must notify ReDefyneX immediately of any changes to payment details. 3. Billing Cycles and Payment Due Dates 1. Subscription fees are billed in advance on a monthly or annual basis as selected by the User during registration or plan modification. 2. Payment is due immediately upon invoice generation, with charges processed automatically on the billing date. 3. The initial billing cycle commences on the date of subscription activation and continues on the same calendar date each billing period. 4. Late Payments and Account Suspension 1. Late payment penalties of two percent (2%) per month may be applied to overdue amounts after a grace period of seven (7) days from the due date. 2. ReDefyneX may suspend or restrict access to the Service if payment remains outstanding for more than fifteen (15) days after the due date. 3. Account suspension does not relieve the User of payment obligations for services already rendered or terminate this Agreement. 5. Refund Policy 1. Subscription fees are generally non-refundable except where specifically provided under South African consumer protection legislation. 2. Users may request refunds for technical service failures lasting more than forty-eight (48) consecutive hours, calculated on a pro-rata basis for the affected period. 3. Refund requests must be submitted within thirty (30) days of the billing date and will be processed within fifteen (15) Working Days of approval. 6. Automatic Renewal 1. Paid subscriptions automatically renew for successive periods equal to the initial subscription term unless cancelled by the User before the renewal date. 2. Users will receive notification of upcoming automatic renewals at least seven (7) days prior to the renewal date. 3. Users may disable automatic renewal through their Account settings or by providing written notice to ReDefyneX at least twenty-four (24) hours before the renewal date. 7. Taxes and Additional Charges 1. All fees are exclusive of applicable taxes, including VAT, which will be added to invoices where required by law. 2. Users are responsible for any bank charges, currency conversion fees, or third-party payment processing fees associated with their payments. 9. Disclaimers and Limitation of Liability 1. Disclaimer of Warranties 1. ReDefyneX provides the Service on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. 2. ReDefyneX specifically disclaims all implied warranties including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade. 3. ReDefyneX does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. 4. ReDefyneX makes no representations or warranties regarding the accuracy, reliability, or completeness of any queue information, notification timing, or location data provided through the Service. 2. Limitation of Liability 1. ReDefyneX's total aggregate liability to the User for all claims arising out of or relating to this Agreement or the use of the Service shall not exceed R100 (One hundred Rand) per incident. 2. In no event shall ReDefyneX be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses. 3. ReDefyneX shall not be liable for any damages resulting from service interruptions, system downtime, delayed notifications, inaccurate queue information, or failure to receive notifications. 4. ReDefyneX shall not be liable for any loss or damage arising from the User's reliance on queue timing estimates or location-based notifications provided through the Service. 3. Service Limitations 1. The User acknowledges that the Service is dependent on third-party systems, internet connectivity, and device functionality, which may affect service performance and reliability. 2. ReDefyneX shall not be liable for any failure or delay in service performance caused by circumstances beyond its reasonable control, including but not limited to network failures, device malfunctions, or third-party service interruptions. 4. Data Loss Disclaimer 1. ReDefyneX shall not be liable for any loss, corruption, or unauthorized access to User Data, except where such loss results from ReDefyneX's gross negligence or willful misconduct. 2. Users are responsible for maintaining appropriate backups of any critical data and information provided to or generated through the Service. 5. Survival of Limitations 1. The limitations and disclaimers set forth in this section shall survive termination of this Agreement and shall apply to the maximum extent permitted by South African law. 10. Indemnification 1. The User agrees to indemnify, defend and hold harmless ReDefyneX, its directors, officers, employees, agents, contractors, licensors and service providers from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including reasonable legal fees and costs) arising from or relating to: 1. the User's use or misuse of the Fodisa Service; 2. the User's violation of these Terms and Conditions; 3. the User's violation of any applicable laws or regulations; 4. the User's infringement or violation of any third party's rights, including intellectual property rights, privacy rights, or contractual rights; 5. any User Generated Content submitted, posted, transmitted or made available through the Service; 6. any negligent acts, omissions or wilful misconduct by the User in connection with the Service; 7. any breach of the User's representations and warranties contained in this Agreement. 2. ReDefyneX reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with ReDefyneX in asserting any available defences. 3. The User's indemnification obligations will survive termination of this Agreement and continue for a period of three (3) years following such termination. 4. ReDefyneX will provide the User with prompt written notice of any claim for which indemnification is sought, provided that failure to provide such notice will not relieve the User of its indemnification obligations except to the extent that the User is materially prejudiced by such failure. 5. The User will not settle any claim subject to indemnification without ReDefyneX's prior written consent, which consent will not be unreasonably withheld or delayed. 11. Term and Termination 1. This Agreement shall commence on the Effective Date and shall continue indefinitely until terminated in accordance with the provisions set forth herein. 2. Termination by User: The User may terminate this Agreement at any time by providing ReDefyneX with at least thirty (30) Working Days' written notice of termination. 3. Termination by ReDefyneX: ReDefyneX may terminate this Agreement by providing the User with at least thirty (30) Working Days' written notice of termination. 4. Immediate Termination: Either party may terminate this Agreement immediately without notice in the following circumstances: 1. material breach of this Agreement by the other party that remains uncured after thirty (30) Working Days' written notice of such breach; 2. insolvency, liquidation, business rescue proceedings, or assignment for the benefit of creditors by the other party; 3. breach of confidentiality obligations under this Agreement; 4. violation of Intellectual Property Rights as defined herein. 5. Effect of Termination on Service Access: Upon termination of this Agreement for any reason: 1. the User's access to the Service shall be suspended immediately; 2. ReDefyneX shall have no obligation to provide further services or support; 3. all outstanding fees and charges shall become immediately due and payable. 6. Data Access and Retention: Following termination: 1. the User shall have ninety (90) days from the termination date to export or retrieve any User Data from the Service; 2. ReDefyneX may, but shall not be obligated to, retain User Data for a period of up to twelve (12) months following termination; 3. after the expiry of the retention period, ReDefyneX may permanently delete all User Data without further notice. 7. Survival of Provisions: The following provisions shall survive termination of this Agreement: 1. payment obligations for services rendered prior to termination; 2. Intellectual Property Rights provisions; 3. confidentiality obligations; 4. limitation of liability and disclaimers; 5. indemnification provisions; 6. governing law and dispute resolution clauses. 8. Return of Confidential Information: Upon termination, each party shall promptly return or destroy all Confidential Information received from the other party, except as required by law or for the survival provisions specified herein. 12. Force Majeure 1. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement which is due to a Force Majeure Event. 2. For the purposes of this Agreement, a Force Majeure Event means any circumstance not within a party's reasonable control including: 1. acts of God, natural disasters, extreme weather conditions, floods, earthquakes, or other natural catastrophes; 2. war, terrorism, civil unrest, riots, or other acts of violence; 3. government actions, regulatory changes, sanctions, or other governmental interference; 4. cyberattacks, widespread internet outages, or critical infrastructure failures not caused by the affected party; 5. pandemics, epidemics, or other public health emergencies declared by competent authorities; 6. strikes, lockouts, or other labor disputes not involving the affected party's employees; 7. fire, explosion, or other industrial accidents not caused by the negligence of the affected party; and 8. failure of third-party telecommunications, internet service providers, or cloud infrastructure services upon which the Service depends. 3. The party affected by a Force Majeure Event must: 1. promptly notify the other party in writing of the occurrence and nature of the Force Majeure Event; 2. provide reasonable evidence of the Force Majeure Event and its impact on the performance of obligations under this Agreement; 3. use reasonable endeavours to mitigate the effects of the Force Majeure Event and resume performance as soon as practicably possible; and 4. keep the other party reasonably informed of steps being taken to remedy the situation. 4. During a Force Majeure Event, the affected party's obligations under this Agreement shall be suspended to the extent that performance is prevented or impeded by such event. 5. If a Force Majeure Event continues for a period exceeding ninety (90) days, either party may terminate this Agreement by giving thirty (30) days' written notice to the other party. 6. No party shall be entitled to claim relief under this clause to the extent that the Force Majeure Event was caused by its breach of this Agreement or negligent acts or omissions. 13. Governing Law and Dispute Resolution 1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. 2. The parties hereby submit to the exclusive jurisdiction of the High Court of South Africa in respect of any dispute arising out of or in connection with this Agreement. 3. Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute through mandatory mediation in accordance with the following process: 1. The party seeking to initiate dispute resolution must provide written notice to the other party describing the nature of the dispute and requesting mediation. 2. The parties shall jointly appoint a qualified mediator within fifteen (15) Working Days of the dispute notice, failing which either party may request the Arbitration Foundation of Southern Africa to appoint a mediator. 3. The mediation process shall be conducted in English and shall take place in Johannesburg, Gauteng, unless otherwise agreed by the parties. 4. Each party shall bear its own costs of the mediation, and the parties shall share the mediator's fees equally. 5. The mediation process shall be completed within sixty (60) days of the mediator's appointment, unless extended by mutual written consent of the parties. 4. If the dispute is not resolved through mediation within the prescribed timeframe, either party may commence legal proceedings in the High Court of South Africa. 5. Notwithstanding the mandatory mediation requirement, either party may seek urgent interim relief from the High Court of South Africa without first complying with the mediation process where circumstances reasonably require immediate judicial intervention. 6. The parties may, by mutual written agreement, elect to resolve disputes through binding arbitration conducted under the rules of the Arbitration Foundation of Southern Africa as an alternative to court proceedings. 13. Amendments and Modifications 1. ReDefyneX reserves the right to modify, amend, or update these Terms and Conditions at any time in its sole discretion. 2. ReDefyneX will provide notice of material changes to these Terms and Conditions by: 1. posting the updated Terms and Conditions on the Fodisa platform; 2. sending written notice to the User's registered email address at least thirty (30) days prior to the effective date of such changes; or 3. displaying a prominent notice within the Service interface. 3. Minor changes, including corrections of typographical errors or clarifications that do not materially affect User rights or obligations, may be implemented without prior notice. 4. The User's continued use of the Service after the effective date of any amendments constitutes acceptance of the modified Terms and Conditions. 5. If the User does not agree to any amendments, the User must discontinue use of the Service and may terminate this Agreement in accordance with clause 11. 6. All amendments become effective on the date specified in the notice or, if no date is specified, thirty (30) days after the notice is provided. 7. The most current version of these Terms and Conditions will be available on the Fodisa platform and will supersede all previous versions. 8. ReDefyneX will maintain a record of the effective date and version number of these Terms and Conditions for reference purposes. 14. General Provisions 1. Severability 1. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement. 2. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement. 3. The parties shall endeavour to replace any invalid, illegal, or unenforceable provision with a valid provision that achieves the same commercial purpose. 2. Entire Agreement 1. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior negotiations, representations, agreements, and understandings, whether written or oral. 2. No representation, warranty, or undertaking has been made or given by either party in connection with this Agreement except as expressly set forth herein. 3. Waiver 1. No waiver of any breach of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision. 2. No waiver shall be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. 3. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. 4. Assignment 1. The User may not assign, transfer, or delegate any of its rights or obligations under this Agreement without the prior written consent of ReDefyneX. 2. ReDefyneX may assign its rights and obligations under this Agreement to any affiliate or in connection with any merger, acquisition, or sale of assets upon thirty (30) days' written notice to the User. 3. Any attempted assignment in violation of this clause shall be null and void. 5. Notices 1. All notices required or permitted under this Agreement shall be in writing and delivered by email to the addresses specified in the User's Account or as otherwise communicated by the parties. 2. Notices shall be deemed received on the date of successful electronic delivery or three (3) Working Days after posting if sent by registered mail. 6. Relationship of Parties 1. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, or agency relationship between the parties. 2. Neither party has the authority to bind or commit the other party in any manner. 7. Survival 1. The provisions of clauses 4 (Intellectual Property Rights), 5 (Confidentiality), 6 (Data Privacy and Protection), 9 (Disclaimers and Limitation of Liability), 10 (Indemnification), and this clause 15 shall survive termination of this Agreement. 8. Counterparts and Electronic Signatures 1. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. 2. Electronic signatures shall have the same legal effect as original signatures and shall be binding upon the parties. FOR REDEFYNEX (PTY) LTD: Name: ________________________ Position: ________________________ Signature: ________________________ Date: ________________________ USER ACCEPTANCE: By clicking "I Accept" or by accessing or using the Service, the User acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions as amended from time to time. Electronic acceptance through the Fodisa platform constitutes a legally binding agreement equivalent to a written signature. Date of Electronic Acceptance: [AUTOMATICALLY RECORDED BY SYSTEM] User Account Email: ________________________ IP Address: [AUTOMATICALLY RECORDED BY SYSTEM] WITNESS (if required for Company signature): Name: ________________________ Signature: ________________________ Date: ________________________ Legal Document Editor | Genie AI