Terms & Conditions

1. Terms of Payment

Account Holder shall be solely responsible for the payment of, and shall pay when due and indemnify My GOTO against, all applicable taxes, and payments to My GOTO under this Agreement. Account Holder shall pay My GOTO the fees set forth in the applicable subscription agreement or order form.

– My GOTO uses PayFast as the storage of credit card details and subscription payment gateway for the My GOTO site.

2. Term; Termination

The term of this Agreement is a monthly  term unless set differently in an Order Form between the parties. Unless provided in the Order Form, the term of this Agreement shall automatically renew on the first day of each calendar month. Account Holders may cancel such Automatic Renewal by canceling the subscription and this Agreement as set forth herein. 

Termination Steps

– Account Holder may terminate this Agreement and its subscription to the Service by signing into the site and selecting the cancel subscription option under the User Account drop down -> My Subscriptions page of the site.

– Account Holders will also need to register on https://www.payfast.co.za/user/register in order to manage their subscription payments, update payment card details , as My GOTO does not store any credit card or banking information;

– The Account Holder will remain liable for any amount due under this Agreement (adjusted on a pro rata basis, if applicable) and;

– The Account Holder will be responsible to cancel subscription on the My GOTO as well as PayFast payment gateway sites;

– My GOTO will destroy all Account Holder Data in its database after a period of 3 month has lapsed after cancellation of the subscription.

– My GOTO may terminate this Agreement in the event that the Account Holder breaches this Agreement and fails to cure such breach within 30 days after receiving written notice thereof. In the event of any such termination;

3. Intellectual Property Ownership and Licenses

My GOTO Ownership Rights

My GOTO shall own and retain all right, title, and interest in and to the Service. My GOTO hereby grants to Account Holder a worldwide, royalty-free, non-exclusive, revocable, limited license to use the Service during the Term as expressly provided hereunder. Account Holder agrees not to copy, alter, modify, or create derivative works of the My GOTO Website or otherwise use the Service in any way that violates the use restrictions contained in this Agreement. My GOTO does not grant to Account Holder any license, express or implied, to the intellectual property of My GOTO.

Login and Hosting Restrictions

Account Holder acknowledges and agrees that Account Holder’s login information for the Service (e.g., username and password), including without limitation login information provided to individuals who Account Holder invites to be administrators or agents on Account Holder’s account, may be used by only one person, and use of a single login for the Service by multiple people is strictly prohibited. For the avoidance of doubt, Account Holder agrees that it shall not host the Service, on its own or any third party servers. Notwithstanding anything to the contrary contained herein, the parties agree that if Account Holder violates the provisions of this Subsection, My GOTO shall have the right to terminate this Agreement immediately and without notice.

My GOTO respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who My GOTO, in its determination, believes have repeatedly infringed others’ rights. If Account Holder or any of its End Users believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, please provide the following information to My GOTO copyright agent via email Contact Us

– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

– A description of the copyrighted work or other intellectual property that Account Holder claims has been infringed;

– Description of where the material that Account Holder claims is infringing is located on the site, including a url link;

– Account Holder’s address, telephone number, and email address;

– A statement by Account Holder that is has a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and

– A statement by Account Holder, made under penalty of perjury, that the above information in Account Holder’s notice is completely accurate and that Account Holder is the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

4. Representations and Warranties

Each party hereby represents and warrants to the other party that:

– it has the full right, power and authority to enter into this Agreement;

– this Agreement is a valid and binding obligation of such party;

– it has obtained and shall maintain throughout the all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations; and

– it shall comply with all applicable laws, rules and regulations, including applicable privacy and data protection laws.

Account Holder further represents and warrants that its business listing hosted on the Service does not infringe the copyright, trademark, or any other intellectual property rights of any third party, and that such data is otherwise in compliance with this Agreement. My GOTO reserves the right, in its sole discretion, to delete Account Holder’s listing from My GOTO Website if they have reason to believe Account Holder’s listing is in violation of this section. My GOTO further represents and warrants that the Service does not infringe the copyright, trademark or any other intellectual property rights of any third party.

5. Indemnification

Each party agrees to indemnify and hold the other party and its affiliates and agents harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of the breach of the representations, warranties and covenants made by such party herein, or out of such party’s negligence or willful misconduct. Except in the case of My GOTO negligence or willful misconduct, Account Holder further agrees to indemnify and hold My GOTO and its affiliates and agents harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of the Account Holder Data. The indemnifying party shall be entitled to assume the defense and control of any matter for which it is required to indemnify the other party hereunder, and the other party agrees to cooperate with the indemnifying party’s defense of such claims; provided, however, that the indemnified party may also participate in such defense with counsel of its choosing, at its sole expense.

6. Disclaimers; No Warranties

UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, MY GOTO MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE SERVICE, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. MY GOTO DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. ACCOUNT HOLDER SHOULD NOTE THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES THAT ARE NOT UNDER MY GOTO’S CONTROL (SUCH AS A THIRD PARTY SERVERS). MY GOTO MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.

7. Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS, PROFITS OR OTHER LOSS, THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AGGREGATE FEES DUE BY ACCOUNT HOLDER TO MY GOTO HEREUNDER DURING THE PRIOR 12 MONTHS.

8. Confidentiality

“Confidential Information” shall mean

– all Account Holder Data; and

– any information generally understood to be confidential in nature or designated as such by either party, but shall not include information that:

– is independently developed by the receiving party without access to the other party’s Confidential Information;

– becomes publicly known through no breach of this Agreement by the receiving party;

– has been rightfully received from a third party authorized to make such disclosure;

– has been approved for release in writing by the disclosing party; or

– is required to be disclosed by a legal or governmental authority.

During the term of this Agreement, and for 12 months following termination, neither party will, subject to the license expressly granted herein, use, sell or disclose any Confidential Information of the other party except as specifically contemplated herein. Notwithstanding the foregoing, either party may disclose the other party’s Confidential Information solely as necessary to comply with applicable laws, rules or regulations.

9. Miscellaneous

My GOTO reserves the right, at its sole discretion, to modify these Terms of Service, at any time and without prior notice. If My GOTO modifies these Terms of Service, we will post the modification on our website or provide notice of the modification; provided, however, that unless otherwise mutually agreed by My GOTO and Account Holder in writing, no such modification, discontinuation or termination shall be effective until Account Holder’s next Renewal Date. Neither party shall assign any of its rights, obligations or licenses hereunder without the prior written consent of the other party; provided, however, that either party may assign this Agreement and its rights and obligations hereunder, to a successor of such party by way of merger, consolidation or acquisition of all or substantially all of the assets or business of such assigning party so long as such successor shall agree to be bound by all of the terms and provisions hereof.

My GOTO and Account Holder are independent contractors, and neither My GOTO nor Account Holder is an agent, representative, employer, employee, or partner of the other. My GOTO and Account Holder shall each have sole responsibility for all acts and omissions of their respective personnel. This Agreement sets forth the entire agreement between My GOTO and Account Holder.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to principles of conflicts of law. Any notices to be provided to My GOTO under this Agreement shall be sent to My GOTO by electronic mail at Contact Us and such notice shall be deemed given upon receipt. Any notices to be provided to Account Holder under this Agreement shall be sent by electronic mail to the last email address that My GOTO has on file for Account Holder, at the sole discretion of My GOTO.

The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be unenforceable in any respect, then such provision will be severed and the remaining provisions of this Agreement will remain in full force and effect.