Please read these terms carefully before accessing or using the Platform and/or Services. Doshguide will assume you have read and understood these terms should you continue to access or make use of the Platform and/or Services.
PLEASE NOTE: DOSHGUIDE IS A MARKETPLACE PLATFORM, AND IS NOT A REGULATED FINANCIAL ADVISORY, NOR INTERMEDIARY OR OTHER ADVISOR OR PROVIDER OF FINANCIAL PRODUCTS OR SERVICES, WHATSOEVER. DOSHGUIDE FACILITATES CONNECTIONS BETWEEN USERS AND INDEPENDENT, LICENSED FINANCIAL ADVISORS (“VENDORS”) AND ALL REGULATED FINANCIAL SERVICES OR ADVICE OBTAINED THROUGH DOSHGUIDE ARE PROVIDED BY THESE SAME. DOSHGUIDE VERIFIES THAT ALL ADVISORS ON THE PLATFORM ARE APPROPRIATELY LICENSED AND AUTHORISED; HOWEVER, THE PROFESSIONAL RELATIONSHIP FOR FINANCIAL ADVICE EXISTS DIRECTLY BETWEEN YOU AND THE ADVISOR.
It is important to note the following:
- The terms “User“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Platform or Doshguide Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Doshguide or its possession.
- Not all terms are necessarily defined in order.
- These terms were last updated on 11 December 2025.
In order to become a Vendor on the Platform, you must complete the additional Vendor’s Agreement with Doshguide.
1. INTRODUCTION TO THE PLATFORM AND SERVICES
- Doshguide provides a marketplace platform and related services (“Doshguide Services”) that facilitate connections between Users seeking financial guidance and independent, and licensed financial advisers (“Vendors”). Doshguide actively assesses each User’s needs and matches them with a suitable Vendor from its verified network.
- Once connected, Users engage directly with the Vendor privately to acquire the Vendor Services listed. This transaction and/or engagement is entirely the private engagement between the relevant Users and has nothing further to do with Doshguide.
- All regulated financial services or advice are provided directly by the Vendor under their own licence and terms. While Doshguide may remain involved to support the ongoing relationship, the professional engagement for financial advice exists solely between the User and the Vendor.
- Depending on the exact Doshguide Services used on the Platform, Users may need to pay a fee to Doshguide, which fee shall be determined as per these Terms and Website-provided information, and explained to a User before incurring any fee. For the use of Vendor Services, the User will pay the Vendor using Doshguide’s facilitated payment tools.
- These Terms explain the conditions applicable to all Users, including Vendors, using the Platform and/or the Doshguide Services. In order to become a Vendor on the Platform, you must complete the additional Vendor’s Agreement with Doshguide, and be subject to those additional conditions of offering your Vendor Services on the Platform.
- To access Doshguide Services and/or to become a participating Vendor, you will need to provide accurate, relevant and necessary information as requested and/or required, including the requirement to create a profile on the Platform. Details of any registration or profile requirements may be communicated on the Platform from time to time.
- the Platform and these Terms are subject to change. These Terms are updated or amended from time to time and will be effective upon Doshguide uploading the amended Terms to the Platform. Your continued access or use of the Platform and/or Doshguide Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
- Supplemental terms may apply to certain Doshguide Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Doshguide Services. Supplemental terms are in addition to, and shall be deemed incorporated into, the Terms for the purpose of the Doshguide Services.
- Unauthorised use of the Platform or a breach of these Terms by a User may give rise to a claim for damages against the infringing party and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES AND REGULATION OF SERVICES
- DOSHGUIDE PROVIDES MARKETPLACE TECHNOLOGY AND IS NOT A REGULATED FINANCIAL ADVISOR NOR INTERMEDIARY, OR OTHER ADVISER NOR PROVIDER OF FINANCIAL PRODUCTS OR SERVICES, WHATSOEVER. ALL TOOLS PROVIDED ON THE PLATFORM OR AS PART OF THE DOSHGUIDE SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE PLATFORM IS BETWEEN THEM PRIVATELY, AND FOR WHICH DOSHGUIDE HOLDS NO RESPONSIBILITY.
- ALL USERS UNDERSTAND AND EXPRESSLY AGREE THAT A VENDOR IS AT ALL TIMES AN INDEPENDENT SERVICE PROVIDER, AND IS NOT AN EMPLOYEE, PARTNER NOR AGENT OF DOSHGUIDE’S IN ANY REGARD. AS SUCH, ALL VENDOR-RELATED ISSUES OR VENDOR SERVICE FEATURES ARE EXCLUSIVELY THE LIABILITY OF THE VENDOR, AND NOT OF DOSHGUIDE. DOSHGUIDE MAY ASSIST THE USERS IN ENGAGING, VIA THE PLATFORM, BUT THE VENDOR IS ALWAYS RESPONSIBLE AND LIABLE FOR ANY AND ALL OF THEIR VENDOR SERVICE AND/OR VENDOR SERVICES OFFERED, SPECIFICALLY CONCERNING THEIR PROVISION OF REGULATED FINANCIAL OR SIMILAR ADVICE. DOSHGUIDE ENSURES THAT EACH VENDOR UNDERGOES A VETTING PROCESS TO ENSURE THAT EACH VENDOR IS (REFER TO CLAUSE 4.3.5) FOR REGULATORY COMPLIANCE, ETHICAL STANDARDS AND PROFESSIONAL CONDUCT AND ALIGNMENT.
- If a Vendor is engaged by a User in a formal business relationship subsequent to their use of the Platform and Doshguide Services, these parties do so entirely at their own risk and via private arrangement.
- Doshguide carefully verifies and selects each Vendor and their services to ensure they meet our professional and regulatory standards. While Doshguide takes all reasonable steps to confirm the accuracy and suitability of information provided by Vendors at the time of listing their Services, Users acknowledge that Doshguide cannot guarantee the ongoing accuracy, quality, or outcomes of the advice, products or services delivered by Vendors. Doshguide provides ongoing support to facilitate the User/Vendor relationship, but each Vendor remains fully responsible for the services they provide and the information they share.
3. USER REGISTRATION PROCESS
- To access Doshguide Services and/or to become a participating Vendor, Users need to provide accurate, relevant and necessary information as requested and/or required; and may be required to create a profile. Details of any registration or profile requirements may be communicated on the Platform from time to time.
- Becoming a Doshguide Vendor involves a rigorous selection and vetting process, which may include multiple interviews, due diligence checks, a six-month trial period, and peer review by a committee of existing Doshguide Vendors to ensure ethical, philosophical, and professional alignment and conduct. All Doshguide Vendors operate on a flat-fee basis with no commission or product sales with Doshguide Users. Doshguide Vendors are required to be appropriately authorised and registered with South Africa’s market conduct regulator for financial services, the Financial Sector Conduct Authority (FSCA). To become a Doshguide Vendor, they must hold the relevant registration with a recognised professional body.
- To protect your privacy and security, the Platform takes reasonable steps to verify your identity by requesting your input of your Profile and/or other information in order to grant access to your Profile and data. To view or change your personal information previously provided, you can edit personal details in your ‘Account’ section while logged in.
- By providing your personal information to Doshguide, you warrant that the information supplied is accurate and complete, and that you are either providing it for yourself or have the legal authority to act on behalf of a corporate entity. You are responsible for all information submitted and for any actions resulting from your use of the Platform, and you should not share your login details or any access credentials with anyone.
- By submitting your personal information to the Platform, you consent to Doshguide using this information to facilitate a connection between you and a suitable Vendor or other Users, as applicable.
Please see Doshguide’s Privacy Policy regarding more details on how Doshguide uses and processes your personal information. - Users must be over the age of 18 (eighteen) and have full legal capacity to enter into, understand and be bound by a lawful contract. If you are under the age of 18 (eighteen), you must not use the Platform and/or Services, nor provide us with any of your personal information.
4. THE SERVICES – PROFILES, SERVICES AND FEES
Profiles:
- To access Doshguide Services or Vendor Services, Users may be asked to provide accurate, relevant, and complete information by populating and submitting your personal information on the Platform, as may be applicable by Doshguide to facilitate effective matching with a suitable Vendor.
- Vendors may submit information and apply to become a Vendor on the Marketplace, this may include listing their Vendor Services on the Platform. Submission or application alone does not guarantee that the Vendor Services will be made available; listing is contingent upon Doshguide’s approval, which includes compliance with this Agreement, adherence to additional Vendor-specific terms, and successful completion of Doshguide’s verification and vetting process.
The Services:
- the Platform and Doshguide provides various online marketplace services, which amongst others, includes the following great offerings for both general Users as well as Vendors:
For General Users:- Users are matched with fully authorised financial services providers based on the Users’ stated needs and the Vendors’ expertise. All Vendors featured on the Platform are fully registered financial service providers and have been thoroughly vetted by Doshguide for regulatory compliance, ethical standards, and professional conduct and alignment. Any engagement or transaction between a User and a Vendor occurs directly between those parties.
- Users acknowledge that Vendors may have their own terms of service or agreements, which are separate from these Terms and from Doshguide. Any onboarding, paperwork, or agreements required by the Vendor must be completed directly with the Vendor, and Users should carefully review and accept those terms before engaging their services. Business relationships between Users and Vendors are strictly governed by prevailing financial services laws and legislation.
- While Doshguide facilitates connections and supports the matching process, the delivery, quality, and outcomes of any Vendor Services remain the responsibility of the Vendor, and Doshguide is not liable for the actions or advice of any Vendor.
- Users are encouraged to provide a review of their connected Vendor from time to time, as this facilitates valuable feedback to Vendors and informs future Users.
For Vendors:
- Vendors may submit information and apply to become a Vendor on the Marketplace, this may include listing their Vendor Services on the Platform. Listing is not guaranteed and is subject to Doshguide’s rigorous vetting process, which includes verification of regulatory registration, ethical and professional alignment, multiple interviews, a trial period, and peer review by existing Doshguide Vendors. Only Vendors who successfully complete this process and meet Doshguide’s standards will have their services made available, and all engagements with Vendors occur directly between the User and the Vendor.
- Vendors will then provide their private regulated services to their contracted User, which the User will pay a fee to the Vendor.
- Doshguide’s philosophy to avoid conflicts of interest between Users and Vendors is established in the principle of charging a flat fee for all packaged offerings on the platform. Vendors commit to Zero-commission and/or fees for intermediation on all products and services rendered to Users to provide Users the best possible outcomes for future product performance and growth. Should any non-adherence to this rule be discovered in future, it will result in the permanent ban of Users and/or Vendors from any further use of the Doshguide platform.
- Please consult the Home page on our Website for details of our applicable Services at any given time.
Fees owed by Vendors:
- In order to use the Services as a regular User, there is no fee owed to Doshguide.
- There is no fee payable to Doshguide by Users for accessing the Services. Vendors, however, are required to pay a fee to Doshguide (“Fee”) in order to have their Vendor Services listed on the Platform and to allow Doshguide to manage the User–Vendor relationship.
- The Fee covers the services provided by Doshguide, including listing Vendor Services, facilitating connections, and supporting engagement with Users. Please refer to the applicable Vendors Agreement for further information.
Fees owed by Users to Vendors:
- When a User engages a Vendor for Vendor Services, Doshguide may provide an indication of the applicable fee tier based on the User’s needs. The final specific fee will be confirmed by the Vendor as part of their proposal during the sales or engagement process.
- Users are responsible for paying the agreed fee directly to the Vendor.
- Any payment made through Doshguide’s payment facilitation tool is managed within permitted PASA guidelines.
General:
- You may contact us via email at billing@doshguide.co.za to obtain a full record of your payment for any transaction conducted via the Services.
- For further information on the current Doshguide Services available generally or applicable to you, please contact info@doshguide.co.za who will gladly assist.
- To terminate your use of the Doshguide Services or the Platform, please see clause 15 below.
- Doshguide may, from time to time, provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Doshguide Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Doshguide Services or the fees applied to you.
- All amounts stated shall attract Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with Doshguide.
- Doshguide reserves the right to establish, remove and/or revise any Fees for any or all services obtained through the use of the Doshguide Services at any time in Doshguide’s sole discretion. Doshguide will use reasonable efforts to inform you of all charges or Fees that may apply to you, provided that you will be responsible for the payment of all Fees properly incurred under your Profile.
5. USER RESPONSIBILITIES AND WARRANTIES
- By using the Platform and/or the Doshguide Services, you warrant that:
- you have read and agreed to these Terms and will use the Platform in accordance with them;
- you have not made any misrepresentations and the information provided in the registration process and/or in your Vendor Services is true, accurate and complete;
- you will timeously pay any due Fees to Doshguide and/or a contracted Vendor when required to do so under these Terms;
- as a Vendor, you will never earn commission nor take a percentage of assets for your services provided over the Platform, but receive consideration in only the allowed formats with no other third party involvement therewith;
- you expressly understand and agree that Doshguide is not in any way a regulated financial services/products provider nor intermediary, and that Doshguide is only a facilitating party for all Users, and any liability stemming from any Vendor Services lies exclusively with the relevant Vendor, and not with Doshguide;
- you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Platform for the use of it or the Doshguide Services;
- you will report any illegal actions, objectively offensive actions, or actions undertaken by any other User which are in contravention of these Terms to Doshguide immediately upon discovering such activity;
- you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered, in Doshguide’s sole discretion, to be threatening, harassing, inappropriate, 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;
- 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 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 underlying software code;
- \you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another User, as is required by the system of law to which you are subject, where Doshguide is not liable at all for such payment of any such tax, duty or VAT on your behalf;
- you will not infringe any third party’s or the Platform’s intellectual property or other rights or transmit content that the User does not own or does not have the right to publish or distribute;
- you will treat all other Users and Vendors with respect and dignity at all times;
- you will not use the Platform platform for any commercial purpose other than as expressly provided for by Doshguide and the Terms;
- you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
- you will not facilitate or assist any third party to do any of the above, failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.
- the Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Platform. The network’s data and messaging rates and fees may apply if you use the Platform and you shall be responsible for such rates and fees. The same applies to your geo-locationary information, in that some of the Doshguide and/or Vendor Services requires you to have geo-locationary functionality in order to function.
- Without prejudice to any of Doshguide’s other rights (whether at law or otherwise), Doshguide reserves the right to deny you access to the Platform or the Doshguide Services where Doshguide believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
- Doshguide does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
6. RECEIPT AND TRANSMISSION OF DATA MESSAGES
- Data messages, including email messages, sent by you to Doshguide will be considered to be received only when acknowledged or responded to.
- Data messages sent by Doshguide to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
- Doshguide and/or Vendors reserve the right not to respond to any email or other data message which 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 where necessary.
- Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Doshguide is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Doshguide and a User, or between Users.
7. HYPERLINKS, DEEP LINKS, FRAMING
- the Platform may include links to other internet sites (“the other sites”). Doshguide does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any Doshguide endorsement, agreement on or support of the content or products of such target sites.
- Doshguide does not purport to own the content on the other sites which may be shown on the Platform.
- The User’s access and use of the other sites remain solely at the User’s own risk and on the terms set by the relevant third party and/or Vendor.
8. ADVERTISING AND SPONSORSHIP
- the Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Platform complies with all applicable laws and regulations.
- Doshguide, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
9. INTELLECTUAL PROPERTY PROTECTION
- All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, copyright and/or service marks (as well as the organisation and layout of the Platform) together with the underlying software code and everything submitted by a User to the Platform and Doshguide in use of the Doshguide Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Doshguide, its legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
- For clarity, all rights to any intellectual property provided by a User to the Platform will remain with the User, but for which the User has provided Doshguide with a non-exclusive, non-transferable licence to use such User intellectual property as Doshguide deems fit on the Platform and/or in advertising, for as long as the User remains registered on the Platform.
- Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on 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 on the Platform or the underlying software code whether in whole or in part, without the written consent of Doshguide first being granted, which consent may be refused at the discretion of Doshguide. No modification of any intellectual property or editorial content or graphics is permitted.
- Doshguide reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Platform, including that of a User in their Profile, or to suspend or terminate the Platform, at any time without notice; provided that any transactions already concluded through the Platform resulting in any fees, will not be affected by such suspension or termination, as the case may be.
- Where any of the Platform intellectual property has been licensed to Doshguide or belongs to any third party, other than that which has been submitted by a User to the Platform in the use of the Doshguide Services, 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.
- Subject to adherence to the Terms, Doshguide grants to Users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Platform on any machine of which the User is the primary User. However, nothing contained on the Platform should be construed as granting any licence or right to use any intellectual property without the prior written permission of Doshguide.
- Any enquiries regarding any of the above relating to intellectual property must be directed to Doshguide at info@doshguide.co.za.
10. PRIVACY AND PERSONAL INFORMATION POLICY
- Please see our comprehensive Privacy Policy to understand how we process your personal information when you use the Website and/or Services.
USE OF GOOGLE reCAPTCHA
To protect the security and integrity of our website, we use Google reCAPTCHA, a service provided by Google LLC (“Google”). reCAPTCHA helps prevent spam, fraud, and abuse by distinguishing between human users and automated bots. By using our website, you acknowledge that reCAPTCHA may collect and process certain information, including your IP address and interactions with the site, for security purposes. The use of reCAPTCHA is subject to Google’s Privacy Policy and Terms of Service, which can be found at:
For more details on how we handle your data, please refer to our Privacy Policy.
11. DISCLAIMERS AND WARRANTIES
- the Platform, including any intellectual property appearing therein, is provided “as is” and “as available”. Doshguide makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Platform, information provided by another User, the information contained on Vendor Services and/or Website in any way.
- All information or opinions of Users made available on the Platform in relation to any of the Doshguide Services or Vendor Services are those of the authors and not Doshguide. While Doshguide makes every reasonable effort to present such information accurately and reliably on the Platform, Doshguide does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Platform, in Vendor Services or from another User.
- Doshguide, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Platform, other Users thereon, and/or transactions or actions resulting therefrom, including a User’s use of any Vendor Services in any way.
- Doshguide, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Doshguide Services, and access to, or use of, the Platform in any manner.
- Users from locations outside of South Africa, please note that Doshguide complies with all South African laws in representing the Doshguide Services. Should foreign law be applicable in any regard to your use of the Doshguide Services and/or the Platform in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Doshguide from any liability it may acquire by virtue of its supply of the Platform and/or Doshguide Services.
- Doshguide takes reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform. However, Doshguide does not warrant or represent that your access to the Platform will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. The User’s access to and use of the Platform remains solely at the User’s own risk and the User should take their own precautions accordingly.
12. INDEMNITIES
- The User indemnifies and holds harmless Doshguide, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the User’s use of the Platform or Doshguide Services offered or concluded through the Platform in any way.
- The User agrees to indemnify, defend and hold Doshguide harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the User’s use of the Platform and/or the Doshguide Services or Vendor Services and for breach of these Terms.
- This clause will survive termination of this agreement.
13. COMPANY INFORMATION
- Site/Domain owner: Doshguide
- Company type: (Pty) Ltd
- Registration Number: 2021/498460/07
- Director: Rory Desmond Brachner
- Description of main business: Online marketplace platform
- Telephone number: +27 68 346 7779
- E-mail address: info@www.doshguide.co.za
- Website address: www.doshguide.co.za
- Physical address: 602 Woodside, 62 Kloof St, Gardens, Cape Town, 8001
- Postal address: PO Box 368, Jukskei Park, Johannesburg, 2153
- Registered address: 602 Woodside, 62 Kloof St, Gardens, Cape Town, 8001
- Association of any membership: None
14. DISPUTE RESOLUTION AND GOVERNING LAW
- The User’s access and/or use of the Platform, 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 South Africa only.
Disputes between Users and Doshguide:
- Should any dispute, disagreement or claim (“dispute”) arise between the parties concerning the provision of the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
- Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, then they shall use the services and assistance of any applicable regulator and/or ombud, or finally, by binding confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”), with an arbitrator selected by Doshguide.
- Arbitration proceedings shall be conducted in Cape Town, in English.
- Both parties shall bear the costs for any applicable dispute resolutions processes equally.
- The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. 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.
- Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable legislation.
Disputes between Users:
- Should a dispute arise between a User and Vendor and their private transaction relating to the Vendor Services, said dispute is between those Users exclusively, where Doshguide is not responsible for fulfilling any function in any way or in any role.
- The users agree that they shall handle their private dispute between them in the manner in which they mutually deem suitable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
- Notwithstanding the above, the parties in a private dispute must inform Doshguide of the dispute in order for Doshguide to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.
15. TERMINATION OF USE OF SERVICES
- IN ADDITION TO THE RIGHTS ABOVE, DOSHGUIDE RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE DOSHGUIDE SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT DOSHGUIDE GIVES REASONABLE NOTICE TO YOU.
- If you wish to terminate the agreement with Doshguide, or end your use of the Doshguide Services, you may do so by deregistering your Profile with the Platform and discontinuing your use of the Platform.
TERMINATION OF VENDOR RELATIONSHIP WITH DOSHGUIDE
A Vendor may terminate their relationship with Doshguide at any time. If a Vendor wishes to cease servicing an ongoing client facilitated through Doshguide, they may either:
- Return the client to Doshguide for reassignment, or
- Retain the client while continuing to pay any applicable fees to Doshguide, in which case the Vendor’s profile may be deactivated to prevent engagement with future Users through Doshguide.
- Termination does not relieve the Vendor of any obligations or fees accrued prior to termination, and Doshguide reserves the right to manage the Vendor’s profile and ongoing client relationships in accordance with these Terms.
TERMINATION OF VENDOR SERVICES AND USERS
- Termination of the engagement between a User and a Vendor is a matter to be agreed directly between the parties. Users are not locked into any fixed-term arrangement with Doshguide or the Vendor, and may choose to discontinue their participation at any time, subject to any notice or payment obligations that may apply under their selected fee model.
- Users must communicate their intent to terminate directly to the Vendor, who is responsible for updating Doshguide regarding the status of the engagement.
- Doshguide is not a party to the contractual relationship between the User and the Vendor and is not responsible for resolving disputes arising from termination.
- The obligations and liabilities of any User incurred prior to the termination date of the Terms and/or use of the Doshguide Services shall survive the termination of these Terms for all purposes, including the payment of any Fee which was due and payable before termination to Doshguide.
- In the event of termination of your agreement with the Terms and with Doshguide, Doshguide will remove you from the Platform and delete your Profile.
16. 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 Doshguide, at info@www.doshguide.co.za; or
- in the case of the User, at the email and addresses provided by the User to Doshguide in the Profile registration process.
- 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.
17. GENERAL
- This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
- No indulgence, leniency or extension of time granted by Doshguide shall constitute a waiver of any of Doshguide’s rights under these Terms and, accordingly, Doshguide shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the User which may have arisen in the past or which might arise in the future.
- 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.
- The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
- Should you have any complaints or queries, kindly address an email to info@doshguide.co.za advising Doshguide of same.
- In the event of the User failing to pay any amount timeously or breaching these Terms, the User shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Doshguide, in its own capacity to the relevant User, in relation to the payment failure or breach and the rectification of same.
- 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.
- 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 of clause 17.7.