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Terms of Service

By clicking on the "I Accept" option or by installing, copying or using this ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK you agree to be bound by this End User Licence Agreement ("EULA"), the terms and conditions of which may be amended from time to time as set out below. The person signing or accepting these terms and conditions hereby warrants that he or she is duly authorised to accept these terms and conditions and conclude this Agreement on behalf of the person whose details are specified in the Customer Application Form. By clicking the "I Accept" option, this is a symbol of your signature and your assent to all parts of this EULA. If you do not agree to this, do not install, copy or use this ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK. The following Summary is provided for convenience only and does not form part of the EULA in so far as it conflicts with any provisions of the Full Agreement as set out below.

SUMMARY   

Either Party can terminate this Agreement by giving the other party immediate notice. The ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is licensed on certain conditions, and not sold.  Montebellos is not liable for any damages related to the use of, or reliance on, the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK products/s and / or any service/s.

FULL AGREEMENT

  • Definitions
  • "Commencement Date" means the earlier of the date when the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is installed, copied and/or used by you for the first time, and the date on which you accept the terms of this EULA as contemplated in clause 2;
  • “Montebellos” means The Montebellos Trust, registered in South Africa in terms of the Trust Property Control Act, bearing registration number IT1902/04;
  • "EULA" or "Agreement" means this End User Licence Agreement, the terms and conditions as set out herein, and any updates or amendments thereof in accordance with clause 3, as read with the Customer Application Form;
  • “Intellectual Property” shall mean all present and future intellectual property rights in respect of The ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, in whole or in part, including but not limited to patents, trademarks (whether registered, pending or unregistered in any form and/or nature whatsoever whether now used or adopted in the future), service marks, designs, design rights, all rights of copyright whether existing now or in the future in and to the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, including initial drawings, sketches, flow charts, designs and computer programs relating thereto, together with all related know-how, source codes, inventions, trade secrets, confidential information and all other rights of a similar character whether registered or capable of registration and all applications and rights to apply for protection of any of the same, and wherever the rights arise in the world;
  • "Legal Costs" means any legal, professional and/or other fees, costs and/or disbursements (including the costs of any letter of demand, tracing agents fees and collection commissions), on the scale as between attorney and own client;
  • Material" means any information, data and/or document provided to you by or on behalf of Montebellos pursuant to any of the Services;
  • "On-Site Services" means services as contemplated in clause 6 which services are rendered by or on behalf of Montebellos at your premises or at any site requested by you, and which services are not Remote Assistance;
  • "Parties" means Montebellos and you, and "Party" means either of them;
  • "Password" means the company number issued to you by Montebellos, in respect of each User, such User's User Password, where applicable;
  • "Price List" means the list of fees payable to Montebellos in respect of each of its Services and in respect of each Request, as published on the Web Site on the Commencement Date and/or accessible by means of using the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, and as amended from time to time under clause 7;
  • "Purpose" means the purpose of receiving the Services in accordance with this Agreement;
  • "Request" means any request for Montebellos to provide any Service and/or Material under this Agreement from time to time, which request is made or purportedly made by you or on your behalf by means of using the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK as contemplated in this Agreement;
  • "Remote Assistance" means any services or assistance in connection with the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK as contemplated in clause 6 which is provided to you telephonically or by some other electronic means by or on behalf of Montebellos;
  • "Service" means the provision by Montebellos to you from time to time of any information, data and/or document as may be made available to you and as requested by you by means of your use of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK as contemplated under this Agreement, and "Services" has a corresponding meaning.  Detailed description of goods and/or services. LakhCorp Global (Pty) Ltd, as a licensed Montebellos distributor of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is a business in the Education industry that provides services in the Personal and Self development space by way of Audio, Workshop and Mentoring products, that is distributed digitally;
  • "ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK" means the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, provided to you by Montebellos and/or to which Montebellos provides you with access under this EULA for purposes of requesting and receiving the Services contemplated in this Agreement, and any updates to or associated with such ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK which are provided or made available to you from time to time by or on behalf of Montebellos. The ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK includes the Mi2C Audio series, Mi2C Workshop, Mi2C Corporate Workshop, Mi2C Mentoring, Mi2C Retreat, You the Man, and any other product/s and or service/s that Montebellos may add to the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK range of product/s and / or service/s in the future;
  • "Customer Application Form" means the form which you are required to complete and submit to Montebellos on or before the Commencement Date, it being agreed that you and the person submitting the Customer Application Form on your behalf hereby warrant that the contents of such form are true and correct as at the Commencement Date, and that you shall notify Montebellos in writing of any changes to such contents from time to time;
  • Delivery policy. Subject to availability and receipt of payment, requests will be processed immediately. Upon confirmation of payment, you will be able to immediately download the content. In addition, you will receive an e-mail confirmation with a secure link directing you to our website to download our content;

  • Payment options. Payment may be made via VISA, MasterCard, American Express, and PayPal (only available for our PUT IT ON LAY-BUY OPTION). For Mi2C Public Speaking, payment may be made into our  bank account, the details of which will be provided on request;
  • "Third Party" means any third party from whom Montebellos obtains all or part of any Material, the identity of which third party Montebellos shall use its reasonable endeavours to disclose on or before the provision to you of such Material, if it so wishes, and "Third Parties" has a corresponding meaning;
  • "User" and "your User" means any person who is employed by you, who is your agent and/or who acts or purports to act on your behalf and/or in accordance with your instruction by using the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and/or for any other purpose as contemplated under this Agreement;
  • "User Password" means where applicable, in respect any User, the user number issued to you and/or such User by Montebellos and the word, device and/or sign first issued to you and/or such User by Montebellos (as amended from time to time by you and/or such User subject to confirmation by Montebellos, and/or by Montebellos on request by you and/or such User) that will entitle such User on your behalf to use the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK in accordance with this EULA;
  • "Web Site" means http://www.IsaacLakhi.com, or such other website specified by Montebellos from time to time;
  • "Montebellos staff" means any employee of Montebellos, and any person acting on behalf of Montebellos from time to time; and
  • "you" means the person whose details are specified in the Customer Application Form, on whose behalf the person signing or accepting these terms and conditions concludes this Agreement, and "your" has a corresponding meaning.
  • Use of ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK constitutes acceptance of this Agreement
  • By clicking on the "I Accept" option or by first installing, copying or using this ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, you agree to be bound by this End User Licence Agreement (EULA), the terms and conditions of which may be amended from time to time as set out below. By clicking the "I Accept" option, this is a symbol of your signature and your assent to all parts of this EULA. If you do not agree to this do not install, copy or use this ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK;

 

  • The person signing or accepting these terms and conditions hereby warrants that he or she is duly authorised to accept these terms and conditions and conclude this Agreement on behalf of the person whose details are specified in the Customer Application Form;

 

  • Some parts of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and some of the Material, as advised to you and/or any of your Users from time to time, are controlled by and/or obtained by and/or other Third Parties, and your rights to use such parts of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and/or receive such Material are subject to further requirements which must be met and/or such further terms and conditions which must be agreed to by you before that part of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK can be used and/or any Material obtained from such person will be provided under this Agreement, it being agreed that any such requirements and terms and conditions will, save where Montebellos agrees otherwise in writing, apply in addition to those set out in this EULA. You specifically agree that, in order to use the part of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK you will be required to agree to further terms and conditions as contemplated in this clause 2.3 from time to time.
  • AMENDMENT

Montebellos reserves the right to amend these terms and conditions and/or the Price List from time to time by posting notification on the Web Site and/or the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK that the terms and conditions and/or the Price List have changed and/or by posting on the Web Site and/or the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK the amended terms and conditions and/or Price List, or a hyperlink to such amended terms and conditions and/or Price List. You are advised to check, and will be responsible for checking, the prevailing terms and conditions and Price List as posted on the Web Site and/or the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK from time to time before each use of ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, and your continued use of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK after any such amendment has been so posted, constitutes your deemed acceptance of this Agreement and the Price List as modified by the posted changes. Montebellos shall, where it is practicable to do so, use its reasonable endeavours to notify you in advance of any amendment to the Price List as contemplated in this clause 3.

  • Grant of rights, and services

 

  • Provided that you pay Invoices timeously as contemplated in this Agreement and provided that Montebellos has approved you as an end user of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and has issued to you a Password (where applicable) and has not, under this Agreement, suspended your right to use the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and/or your access to any of the Services, Montebellos hereby grants to you the following rights for the term of this Agreement, which you hereby accept subject to the terms and conditions set out in this Agreement (including but not limited to clause 2.3 and any requirements and terms and conditions contemplated in clause 2.3):
    • A non-transferable and non-exclusive licence to use the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK for the Purpose; and
    • You agree that your right to use and to continue to use the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK under this Agreement is subject to Montebellos receiving full and timeous payment of all amounts due to Montebellos under this Agreement.
  • Acceptable Use

 

  • In respect of your use of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and your Request for and receipt of any Material, you agree to conform to generally acceptable Internet etiquette and to abide by Montebellos' operating policies as may be published on the Web Site from time to time, and as may be amended from time to time at Montebellos's sole discretion, and you hereby indemnify and hold Montebellos free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy;

 

  • You shall not:
    • copy (other than in terms of this Agreement), adapt, translate or reproduce any of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, in whole or in part;
    • permit, whether directly or indirectly, any third party including any subsidiary, associate, director, shareholder, agent, User, representative and/or employee, to do anything which you are prohibited from doing as contemplated in this clause 5;
    • Make or attempt to make any amendment or modification to the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK;
    • Rent, lease, sell, sub-license, assign or otherwise transfer or make available any of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, in whole or in part, to any person or purport to do any of the aforegoing;
    • Remove any proprietary notices or labels on the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, nor permit any person to do the aforegoing;
    • Modify any part of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, or decompile, reverse compile, dissemble, reverse assemble or reverse engineer the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, whether in whole or in part, or otherwise attempt to derive the source code of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK or reduce the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK to a human readable form or print the source code or derive or attempt to derive the source code of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK.

 

  • You shall, at your own cost, where applicable:
    • Ensure that you comply with the provisions of this Agreement;
    • Make payment of all amounts outstanding to Montebellos prior to making any claim against Montebellos in terms of this Agreement, without any deduction and/or set-off of any kind whatsoever;
    • Maintain accurate and up to date records of the number and siting of all copies of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and shall provide reasonable access to such records to Montebellos upon Montebellos request;
    • Maintain control of all equipment on which the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is installed, and, if you transfer ownership and/or possession of any such equipment to any person, you shall ensure that all ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is permanently deleted from such equipment, and shall provide Montebellos with written notice certifying that you have done so; and
    • You may not resell any Material, nor may you use any Material for monetary gain, unless permitted to do so in writing by Montebellos.

 

 

 

 

  • Return or Refund policy

Our refund policy is as follows:

  • Mi2C Audio and You the Man: up to 30 days after purchase date, on receiving a written declaration that the product has not been reproduced, you will receive a full refund within 7 (seven) working days;
  • Mi2C Workshop, Mi2C Retreat and Mi2C Mentoring: If after attending your first session broadcasted electronically, such as through a Webinar, hand in all material and on receiving a written declaration that the content has not been reproduced, you will receive a full refund within 7 (seven) working days. If broadcasted over a live event, hand in all material after day one, and on receiving a written declaration that the content has not been reproduced, you will receive a full refund within 7 (seven) working days;
  • Mi2C Corporate Workshop and Mi2C Public Speaking: No Refunds.

 

  • CARD ACQUIRING

Card acquiring and security Card transactions will be acquired on our behalf via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.  DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

By using our website, you agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your local currency.

  • Customer details separate from card details

Customer details will be stored by us separately from card details which are entered by you on DPO PayGate’s secure site. For more details on DPO PayGate, browse to www.paygate.co.za.

  • Merchant Outlet country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is United States Dollars.

  • CANCELLATIONS

After the date of submission of the Customer Application Form and acceptance of this Agreement by you or on your behalf, Montebellos shall as soon as reasonably possible, but no later than 7 (seven) days, thereafter provide you with access to the Services, subject to the terms of this EULA. Accordingly, due to the immediate nature of the Services, there shall be no cooling-off period or refund applicable as described in Section 44 of the Electronic Communications and Transactions Act no 25 of 2002.

 

  • Reservation of rights not Expressly Granted
    • The ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is licensed in terms of this Agreement, and is not sold;
    • You may not, without Montebellos's prior written consent, use Montebellos’s Intellectual Property, nor any Third Party's intellectual property, save as may be expressly provided in this Agreement;
    • Montebellos reserves all rights, including but not limited to Intellectual Property rights, not expressly granted herein.

 

  • Use of your Data/Privacy
    • Montebellos may use the information provided by you or on your behalf in the Customer Application Form and any data belonging to you but only in accordance with the terms of Montebellos prevailing Privacy Policy ("PP") and GDPR as published on the Web Site from time to time;
    • You agree and acknowledge that the said PP and GDPR published on the Web Site are updated regularly in order to allow for changes due to legislation and the increasing functionality of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK;
    • Each time you use the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, you agree to be bound by the then existing said PP and GDPR as published on the Web Site.

 

  • Commencement and Termination of Agreement

This Agreement will commence on the Commencement Date and shall remain in force subject to termination in accordance with this Agreement and provided that either Party may cancel this Agreement immediately by means of written notice to the other Party. 

  • Breach and Termination
    • Should you fail to observe and perform any of the terms, conditions or obligations in this Agreement, then Montebellos shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, to do the following:
      • Immediately terminate this Agreement and recover all its costs related to such termination, including Legal Costs; and/or
      • To terminate, without notice, your access to the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and recover all its costs related to such termination, including Legal Costs.
    • The expiry or termination of this Agreement shall be without prejudice to any rights that Montebellos may have accrued as at the date of such expiry or termination;
    • Upon termination of this Agreement:
      • All rights granted to you under this Agreement will cease; and
      • You shall immediately cease all use of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and all use of Montebellos trade marks, logos and any intellectual property rights.

 

  • Intellectual Property
    • You acknowledge and agree that:
      • Save for the limited rights to use the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK as set out in this Agreement, you have no rights in respect of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, the source code and/or any related materials and any modifications or changes thereto, including without limitation to any and all Intellectual Property used or embodied in or in connection with the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, and no Intellectual Property therein is granted or assigned under this Agreement;

 

  • You have no rights in respect of Montebellos's trademarks and you shall not in any manner whatsoever represent that you are the owner or have any interest in Montebellos trademarks and shall not take any action to impute any right, title or interest of Montebellos in and to you;

 

 

  • You shall not at any time, during or after termination of this Agreement, in any way question and/or dispute the ownership of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and the Intellectual Property embodied therein and shall not assist or counsel any other person to do so. You undertake not to infringe or prejudice any rights in and to the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, nor compete with nor infringe Montebellos's Intellectual Property rights in any way. You shall, specifically, not in any manner whatsoever represent that you are the owner of or have any interest in the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK and shall not take any action to impute any right, title or interest in and to the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK; and

 

  • You have no right and/or no title to the Intellectual Property in the ISAAC LAKHI ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, inclusive of any and all improvements, enhancements, new facilities and any amendments or modifications thereof.

 

 

  • You hereby agree to indemnify and hold Montebellos harmless against any loss, liability, damage, cost or expense (including Legal Costs) arising out of any use by you or any of your Users of any of Montebellos's Intellectual Property and/or the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK in any manner whatsoever except in the manner expressly allowed under this Agreement;

 

  • If during the term of this Agreement any infringement or illegal use of the Intellectual Property by any third party should come to your attention, then and in such event you shall notify Montebellos forthwith in writing of such infringement or illegal use. It shall be within the sole discretion of Montebellos to determine what steps shall be taken against an infringer and you shall co-operate fully with Montebellos in whatever measures, including legal action, are taken to bring any infringement or illegal use to an end.

 

  • Warranties
    • To the maximum extent permitted, all warranties, conditions and terms that are not expressly set out in this Agreement are excluded whether express or implied;
    • You agree and acknowledge that all Material is obtained from a Third Party and that Montebellos has no liability or responsibility for any such Material. All such Material is intended and provided for general informational purposes only and should not be relied upon by you or any person as specific advice of any kind, whether professional, technical or other. Furthermore, such Material may contain errors or inaccuracy, may be incomplete and/or out of date, and you hereby agree to make your own independent investigations as to the accuracy of such Material, and shall bear full responsibility for checking and verifying any such Material with the Third Party from which Montebellos obtained such Material;
    • You warrant that you shall at all times comply with all applicable legal or regulatory requirements and constraints in regard to your access to and/or use of the Services and/or Material, failing which you may not use the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK or access the Web Site or make any Request or receive any of the Services and/or Material.

 

  • Disclaimer and Exclusion and Limitation of Liability

 

  • While every effort is made to eliminate any errors, you acknowledge that The ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is error-free and so this ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is provided "as is". Furthermore, Montebellos makes no warranties, either expressed or implied, in respect of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK. Montebellos expressly disclaims any warranty as to the performance of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK or as to any Material. Montebellos also expressly disclaims all other warranties, including (without limitation) implied warranties of merchantability and fitness for a particular purpose;

 

  • Montebellos shall not be liable to you or any other person or entity whatsoever in respect of (and you or any such person or entity shall have no claim against Montebellos and/or any person acting on behalf of Montebellos and you hereby indemnify and hold Montebellos and any such person acting on behalf of Montebellos free from liability in respect of) any loss or damage (even if Montebellos had been advised of or should otherwise be aware of the possibility of such loss or damage), save for any loss or damage directly and solely caused by the gross negligence of any employee of Montebellos acting in the course and scope of such employment caused by any of the following:
    • Any use of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, irrespective of the manner in which it was caused;
    • Any disclosure or use by you or any other person of any Material;
    • Any reliance by you or any other person on any Material;
    • Use of any hardware, infrastructure, equipment and/or any ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK other than the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK;
    • Any failure by you or any of your Users, if applicable, to comply with the provisions of this Agreement;
    • Any operation of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK by any person not properly trained in accordance with the directions of Montebellos from time to time;
    • Improper use, misuse, neglect or abuse of the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK;

 

  • The loss of privacy and a failure to meet a duty which is as a result of, where applicable:
    • Any downtime, outage, interruption in or unavailability of the Internet and/or the Web Site, attributable to any cause whatsoever, including but not limited to: repairs and maintenance, any breakdown of whatever nature and howsoever arising in any of the services provided by any communications service provider (including, but not limited to, line failure) as well as by any external communications networks and/or by the networks of any Internet service provider;
    • Any loss which is caused by any cause external to the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, including but not limited to any failure in any hardware on which the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK is operational, any force majeure and/or any circumstance which is beyond the control of Montebellos;
    • Of whatever nature and howsoever arising from or in connection with any service and/or any Material; 
    • Arising from the loss of data and/or incompatibility with or damage to any equipment owned and/or utilised by you;
    • Incurred as a result of or in any way related to the acts or omissions of any Montebellos staff in relation to, without limitation, commissioning, implementing, installing, training, assistance or any service provided in relation to The ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, including but not limited to the services contemplated in clause 6.3 and including Remote Assistance and On-Site Services;
    • Arising from any failure by any person to reactivate or enable any firewall or security mechanism after the provision of any services under this Agreement, including but not limited to any On-Site Services and/or any Remote Assistance;
    • Arising from any breach of any security system which may be implemented by Montebellos, any Third Party or any other person whatsoever;
    • Which loss or damage is loss of income, loss of goodwill or profits, business interruption, procurement of substitute computer equipment, loss or corruption of data or business information or other pecuniary loss arising out of delay of delivery, reliance in the use or inability to use the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK, and/or
    • Which loss or damage is consequential or incidental loss or damage or any loss or damage other than direct damages, it being agreed that in no event shall Montebellos be liable to you or any other person for any consequential, incidental, indirect, special or other damages whatsoever, regardless of whether such loss, damage or liability is based on breach of this Agreement, delict  (including from gross negligence), or otherwise.

 

  • Without in any way limiting the provisions of clause 16.2 above, the aggregate maximum liability of Montebellos under or arising from this Agreement to you and to any person whatsoever from any causes of action whatsoever (regardless of whether such liability arises from breach or termination of this Agreement or delict, including from gross negligence or otherwise, and including any claim or liability for damages) which causes of action arise during:
    • the period of 12 (twelve) months commencing on the Commencement Date, shall be limited to an aggregate amount equal to the aggregate of invoices paid under this Agreement during such period; and
    • In any subsequent successive period of 12 (twelve) months commencing on any anniversary of the Commencement Date, shall be limited to an aggregate amount equal to the aggregate of Invoices paid under this Agreement during the previous period of 12 months.

 

  • This clause 16 shall survive termination of this Agreement.

 

  • Cession
    • You shall not be entitled to cede or otherwise transfer any of your rights, nor delegate or otherwise transfer any of your obligations, under this Agreement, without Montebellos's prior written consent;
    • Montebellos shall however be entitled to cede, assign and/or transfer and/or delegate to any third party at its absolute discretion all or any of its rights or obligations under this Agreement without notice to you, and without your consent, provided that any third party acquiring any such rights pursuant to a cession or assignment shall agree with Montebellos to be bound by the terms of this Agreement.

 

  • Legal Costs

If, as a result of any breach by you of any of the terms of this Agreement, Montebellos incurs any legal, professional and/or other fees, costs and/or disbursements (including the costs of any letter of demand, Tracing Agents fees and collection commissions), you shall be liable for and shall pay on demand, all fees, costs and disbursements so incurred, on the scale as between attorney and own client.

  •  Company information

This website is run by LakhCorp Global (Pty) Ltd, that is registered in South Africa with registration number 2012/198456/07. LakhCorp Global is owned by The Montebellos Trust (registration number IT1902/2004). Eshaak Lakhi is the Chief Executive Officer of LakhCorp Global (Pty) Ltd.

  • Entire agreement, and No Representations
    • This Agreement comprises of the entire agreement between the Parties in relation to its subject matter, and it supersedes any written or oral representations, be they express or implied, and any prior agreements between you and Montebellos concerning the ISAAC LAKHI® Mi2C SUCCESS FRAMEWORK;
    • No Party shall be bound by any express or implied term, representation, warranty, promise or the like not expressly recorded in this Agreement.

 

  • South African Law

This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and, in the event of any conflict between or inconsistency in the laws applicable in the various provinces of the Republic of South Africa, the law as applied and interpreted in the Province of Gauteng will prevail.

 

  • Failure to Enforce Rights

Failure by Montebellos to enforce a right as provided in this Agreement will not constitute a waiver in respect of that right.

 

  • Contact Information (domicilium citandi et executandi)

Each of the Parties chooses domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement as follows: 

  • YOU: your address as specified in the Customer Application Form;
  • MONTEBELLOS: 132 Linden Street, Sandton, 2196, Johannesburg, South Africa. PO Box 786694 Sandton 2146 South Africa. Tel: +27 11 884 0884 E-mail: zeenith@lakhi.co.za