Terms of Service

NOTE: These Terms describe the agreement between you and 88pockets who is providing the software Service, which is powered by Property Frontier, on behalf of Jason Lee. You will be billed separately for the use of the Service by 88pockets. The Terms is the only agreement between you and us. The Terms should be read separately from any agreement between you and Jason Lee.

By using our software you agree to the terms set out below, so please be sure to read and understand them and contact us at support@88pockets.com if you have any questions.

Acceptance of these terms

By using any of our software products, including but not necessarily limited to 88pockets.com, propertyfrontier.com, 88pockets.co.za, propertyfrontier.co.za, newcoholdings.co.za and www.jasonlee.propertyfrontier.com, (the "Service")  you enter into an agreement with NCH Property Investments CC (Reg No. 2010/003354/23) trading as 88pockets ("we", "us", "our", "88pockets"), thereby binding yourself to the Terms of Service set out below, and the Privacy Policy (collectively the "Terms").

88pockets reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account.

The service we provide

1.The Service 88pockets provides is a personal financial management service that allows you to project, compare, visualize, consolidate and track information relating to a property investment portfolio.

2.The Service does not include any tax, legal or financial advice.

Account terms

1.You must register, creating an Account, to use the service:

1.1You must provide your name, surname, a valid email address and a password via one of the provided registration forms on the Service website.

1.2It is your sole responsibility to ensure this information is accurate and to keep it updated as it may change from time to time. 88pockets will have no liability for whatever eventuality may arise from us having incorrect information for your Account.

1.3If you do not use your legal name and surname or a valid email address we have the right to delete your account immediately without any notice to you.

1.4Upon submission of your information via the registration forms on the Service websites and the receipt thereof by our server the agreement for your use of the Service begins.

2.You must be 18 years or older to use this Service, or do so with the consent of a parent or other legal guardian of which we may, but are not obligated to, request written proof.

3.You must be human to register or use an account. Accounts may not be registered by "bots" nor may existing accounts be accessed by an automated data gathering or extraction tool, program, algorithm or methodology.

4.You are responsible for maintaining the security of your account and password and 88pockets will not be liable for any loss or damage arising from your failure to do so.

5.You are responsible for all content posted and activity that occurs under your account.

6.You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Billing, refund, upgrading and downgrading terms

1.A valid credit card is required for access to any paid Service or plan after expiration of the initial trial period.

2.The initial trial period is 90 days. During this time you do not have to enter credit card details and you will have unlimited access to all features of the Service at no charge. After the trial period your Account may be blocked or your access to the Service limited to the extent we determine in our sole discretion. This means that certain content stored under your Account may be unavailable.

3.After the trial period you will have to enter credit card details and select an appropriate plan to gain access to any features or data used or entered during the trial to which access was blocked upon expiration of the trial.

4.The Service is billed in advance on a monthly basis and is non-refundable. If any lump-sum or yearly subscription payments are made these will also be non-refundable under all circumstances, including early cancellation of your Account. There will be no refunds or credits for partial terms of service or upgrade/downgrade refunds. No exceptions will be made.

5.88pockets is under no obligation to continue storing any content stored under an Account which has been blocked due to non-payment of the required fees for accessing that Account, Service or plan.

6.Your monthly billing date will be the first day after the trial period from that day forth until the cancellation of your account. If this day does not occur in any given month you will be billed on the last day of such a month.

7.If you upgrade or downgrade in plan level your provided credit card will automatically be charged with the rate of the new plan on your next billing date.

8.Downgrading your Service may cause the loss of Content, features, or capacity of your Account. 88pockets does not accept any liability for such loss.

Modifications to the Service and Prices

1.The Service may comprise of different plans which are each priced individually and which may each limit the available functionality of the Service according to our sole discretion.

2.The offer of a free plan is a concession on the part of 88pockets which can be revoked at any time without prior notice at our sole discretion. Furthermore, the available functionality on any free plan may be changed by 88pockets from time to time without prior notice and we will not be liable for any loss of content, features, or capacity of your Account in such a case.

3.The price of any Service, including but not limited to subscription plan fees of the Service, is subject to change upon 30 days notice from us.

4.88pockets reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) where:

4.1Such changes will result in permanent data loss, by giving 30 days prior notice, and

4.2Such change will not result in data loss, without any notice, prior or otherwise.

5.88pockets shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

1.You may cancel your account at any time and doing so properly is your sole responsibility. Accounts can be cancelled on the accounts page accessible via the link on the right of the global top navigation bar.

2.All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

3.Provided you cancel your account before your next billing date your account will be cancelled immediately and you will not be charged again.

4.88pockets, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other 88pockets service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. 88pockets reserves the right to refuse service to anyone for any reason at any time.

Content, Ownership, Copyright and Privacy

1.Copyright of the Service:

1.1The look and feel of the Service is copyright©2012-2013 88pockets (NCH Property Investments CC, Reg no. 2010/003354/23). All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from 88pockets.

1.2We own or are licensed to use the 88pockets, Property Frontier and other related trademarks, names, logos and service marks (the "Trademark") displayed on the Service whether registered or unregistered. Use of the Trademark is not permitted without written permission from 88pockets to do so.

1.3You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising the Service, nor modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, 88pockets, or any other 88pockets service.

1.4You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by 88pockets.

2.Content you store on your Account:

2.1We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

2.2All content posted on the Service must comply with international copyright law as well as any copyright laws within your jurisdiction.

2.3You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.

2.488pockets does not pre-screen Content but has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

3.Security and privacy:

3.1When your Content is transmitted over the internet it will be encrypted using at least a 256 bit point-to-point SSL connection.

3.2We will protect any personal information we receive when you use the Service and only use it as set out in our Privacy Policy.

API Terms

While there is a RESTful API used by the 88pockets applications this API has not been made public and using the API directly is not permitted.

Communication terms

1.Technical support is only provided to paying Account holders and is only available via email.

2.We may send alerts, notifications and other communications to you via email and you consent to receive such communications from us.

3.You can switch alerts or reminders that we send on or off within the Service.

4.We may assume that all electronic communications which reasonably appear to originate from you or a person you have told us is authorised to act on your behalf are in fact from you and the form in which we receive the communication is the same as when it was first sent.

5.Verbal, physical, written or other abuse (including threats of abuse or retribution) of any 88pockets customer, employee, member, or officer will result in immediate account termination.

Linking to the Service from external sites

1.Use of or reliance on external links to the Service is at your own risk.

2.You may create hyperlinks to the Service provided such a link does not misrepresent the relationship between the third party website and us, and it does not preset the Service in a false, misleading, derogatory or defamatory manner.

Limited liability

1.Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Subject to the Consumer Protection Act 68 of 2008 as read with any of its Regulations (the "CPA"), we make no warranties, representations, statements or guarantees in this regard.

2.88pockets does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, nor (v) that any errors in the Service will be corrected.

3.You expressly understand and agree that 88pockets shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 88pockets has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

4.You must not construe any information we release (including any information contained in any reports or alerts) or any information you obtain through use of the Service as an opinion on your solvency, financial standing or creditworthiness. You are solely responsible for all actions and decisions you take with regards to the information obtained through the Service and 88pockets shall not be liable for any outcome resulting from such decisions.

5.No information obtained by you from us and/or our authorised service providers through or from the Service will create any warranty by us or the service provider in question.

6.Neither you nor 88pockets will be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.

7.You understand that 88pockets uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

General

1.The Terms are the sole agreement between you and us in relation to the Service and neither party is bound by any express, tacit or implied terms not recorded herein. The only exception may be a written agreement between 88pockets and you or the third party you are affiliated with which has been signed by both parties.

2.Any indulgence or extension of time offered by either you or us will not waive or limit any of our rights as set forth in the Terms.

3.Each term as set forth herein is severable and if any provision of these Terms is or becomes unenforceable in any jurisdiction, the unenforceable aspect of that provision will be treated in such jurisdiction as if it had not been included in the Terms while the remaining terms remain valid and in full effect.

4.If we merge, sell or otherwise assign our assets and this involves transferring our rights and obligations under these Terms to a third party we will give at least 30 days notice of the fact. If you do not agree to the transfer of our rights and obligations, you may cancel your Account.

5.Applicable law:

5.1If there is any conflict between these Terms and the CPA, the CPA will apply.

5.2These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

5.3You consent to the exclusive jurisdiction of the courts of the Republic of South Africa over any dispute about the Services or the Terms.

Address for Legal Notices

1.You agree to accept any notice or legal process relating to these Terms at the email address provided during the registration process, or as updated on the Service by you from time to time.

2.Any notice or legal process relating to these Terms must be delivered to the address of 88pockets as set out below.

3.We may change our physical address to any other physical address within South Africa at any time without notice, prior or otherwise.

88pockets' details

1.Full name: NCH Property Investments CC (Reg No. 2010/003354/23) trading as 88pockets.

2.Physical address: 27 23rd Street, Menlo Park, Pretoria, 0081, Republic of South Africa.

3.Website address: 88pockets.com

4.Email address: support@88pockets.com

5.Managing members: Dr Marnus Weststrate and Ben Fourie.