M4JAM JOBBER AGREEMENT

M4JAM is a micro jobbing platform (“Platform”) owned and controlled by M4JAM Pty Ltd, a South African registered company at Somerset West, 7130 under company registration number 201410430407 (“M4JAM”, “we” or “us”). M4JAM provides a commercial micro jobbing service (the “Service”) that allows its customers (“Customers”) to engage with M4JAMs’ network of geographically distributed jobbers (each a “Jobber”, or “you”) to collect and verify data requested by such Customers, for a fee, and to engage in other similar activities. In certain instances, Jobbers may be required to purchase specified goods and, in that case, shall not receive a fee, but shall be entitled to receive a discount in respect of the goods so purchased.

Acknowledgment And Acceptance Of Terms and Conditions of the Agreement

This Jobber Agreement (“Agreement”) is an electronic contract that sets out the legally binding terms of the relationship between M4JAM and you. By registering to become a Jobber on the Platform, or by accessing or using the Platform, you accept and agree to be bound by the terms and conditions of this Agreement, as well as any policies and notices on our Platform.

M4JAM reserves the right to amend this Agreement, its policies, and any additional terms at any time, by (a) making the modified provisions available on the Platform or (b) at its sole discretion, notifying you directly. You are therefore responsible for regularly reviewing this Agreement. Continued access or use of the Platform after such changes are made, shall constitute your consent thereto. Once amended, the amended agreement will constitute the Agreement between us.management time and reasonable legal fees) and charges arising from or in connection with:

M4JAM JOBBER AGREEMENT
M4JAM is a micro jobbing platform (“Platform”) owned and controlled by M4JAM Pty Ltd, a South African company registered at 2 Windsor Road, Golden Acre, Somerset West, 7130 under company registration number 201410430407 (“M4JAM”, “we” or “us”). M4JAM provides a commercial micro jobbing service (the “Service”) that allows its customers (“Customers”) to engage with M4JAMs’ network of geographically distributed jobbers (each a “Jobber”, or “you”) to collect and verify data requested by such Customers, for a fee, and to engage in other similar activities. In certain instances, Jobbers may be required to purchase specified goods and, in that case, shall not receive a fee, but shall be entitled to receive a discount in respect of the goods so purchased.
Acknowledgment And Acceptance Of Terms and Conditions of the Agreement
This Jobber Agreement (“Agreement”) is an electronic contract that sets out the legally binding terms of the relationship between M4JAM and you. By registering to become a Jobber on the Platform, or by accessing or using the Platform, you accept and agree to be bound by the terms and conditions of this Agreement, as well as any policies and notices on our Platform.
M4JAM reserves the right to amend this Agreement, its policies, and any additional terms at any time, by (a) making the modified provisions available on the Platform or (b) at its sole discretion, notifying you directly. You are therefore responsible for regularly reviewing this Agreement. Continued access or use of the Platform after such changes are made, shall constitute your consent thereto. Once amended, the amended agreement will constitute the Agreement between us.

  1. DEFINITIONS
    Capitalized terms shall have the meaning as set out below or elsewhere in the Agreement, unless the context indicates otherwise:
    1. “Intellectual Property Rights” means:
      1. copyright, patents, rights in semi-conductor chip topography, Internet domain names and website addresses and other similar rights or obligations, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered);
      2. applications for registration, and the right to apply for registration, for any of the rights referred to in (a); and
      3. all other intellectual property rights and equivalent or similar rights existing anywhere in the world.
    2. “Job Data” means the information and data specified in a Job Request for delivery by a Jobber and may include (without limitation) text data, files, graphics, images, photos, voice recordings, location information, works of authorship Personal Information, and other content and material.
    3. “Job” means a piece of work that is capable of being completed by a Jobber by using any connected device which (a) interacts with the Platform and (b) delivers the Job Data in accordance with the Job Specifications.
    4. “Job Request” means a notice of a Job on the Platform, which includes a description of the Job Data (the “Job Specifications”), the date and/or time by which the Job must be completed (the “Job Completion Date”) and the fee applicable for the Job (the “Job Fee”), or, if completion of a Job requires you to purchase specified goods, the discount Reward you will be entitled to receive against the purchase of such goods ("Product Discount"). Once a Jobber has accepted a Job Request, the Job Request will become a “Job Engagement”. Once the Job has been completed in accordance with the Job Specifications and approved, the Job Engagement will become an “Approved Job”.
    5. “Losses” means all losses, liabilities, damages, costs, expenses (including management time and reasonable legal fees) and charges arising from or in connection with:
      1. any act or omission of a party under this Agreement;
      2. a breach of any provision of this Agreement by a party; or
      3. any third party actions, proceedings, claims, allegations or demands
    6. “Personal Information” has the meaning ascribed to it in the Protection of Personal Information Act, 4 of 2013.
    7. “Platform”  (as referred to above) means the micro jobbing solution owned and controlled by M4JAM, the software which forms part thereof, and any other component thereof.
    8. “Rewards” means cash, coupons, discounts, rewards and other promotional material made available by the Customers to you.
  2. BECOMING A JOBBER
    1. By registering to become a Jobber and accepting a Job Request, you agree to use your best efforts to perform the Job such that the Job Data meets the Job Specifications.
    2. By accepting a Job Request, you agree to provide the Job Data for the Job Fee, or, if the Job Data requires you to purchase specified goods, you agree to purchase such goods and provide the relevant Job Data, in exchange for a Product Discount in respect of the goods so purchased, as specified in the Job Request.
    3. You should not accept a Job Request unless you are sure that you understand what you are required to deliver, and that you are able to do this at the quality expected by the Customer, and where you are expected to purchase goods, on such  terms and conditions as may be indicated by the Customer. You are, as a minimum, required to have a connected device which is capable of (a) interacting with the Platform and (b) delivering the Job Data in accordance with the Job Specifications and the quality specified therein.
    4. M4JAM, at its discretion, may allow more than one Jobber to accept a Job. The Job Request will no longer be available to other Jobbers once that Job has been accepted for performance, or the Job has been completed.  You accept that, where more than one Jobber has accepted a Job, the Jobber who first provides the Job Data will be entitled to the Job Fee. For a Product Discount, the Job request may only be available for a maximum number of Jobbers, in which case, where more than one Jobber has accepted a Job, the first Jobbers up to the maximum amount will be entitled to the Product Discount.
    5. M4JAM may withdraw a Job Request at any time prior to you providing the Job Data
  3. USE OF OUR PLATFORM
    You agree to use the Platform subject to, and in accordance with the following:
    1. You warrant and represent that you are at least 18 years old.
    2. You are responsible for any activity that occurs through your account and you warrant that all information that you provide to us upon registration and at all other times, will be true, accurate, current and complete. You also agree to update your information as necessary to maintain its truth and accuracy.
    3. You may not use more than one formal Jobber account, irrespective of the number of devices used, and you will not solicit or use the login credentials of another Jobber.
    4. You may not use the Platform for any illegal or unauthorized purpose. You agree to comply with all legislation, rules, notices, policies, directives, industry codes, and regulations applicable to your access and use of the Platform and your execution of the Job Assignment.
    5. You may not post violent, nude, racial, discriminatory, unlawful, infringing, hateful, pornographic, sexually offensive or suggestive material, or any other offending information or content on our Platform, or create or direct any unwanted emails, comments, or other commercial or harassing communications to the Customers or other Jobbers.
    6. You are responsible for protecting your login and account details, including your password, bank account details, and any other Personal Information.
    7. You may not access the Platform by any other means than those officially permitted by M4JAM.
    8. You may not interfere or disrupt the Platform, or any third party services or networks linked thereto, including by transmitting any malware, spyware, viruses, worms or introducing destructive or malicious code or by creating accounts on our Platform through unauthorized means, including by automated device, script, bot, spider, crawler or scraper.
    9. We reserve the right to refuse your access or use of the Platform at any time.
    10. You agree that you are responsible for all charges that you incur under or in connection with this Agreement (including (without limitation) data charges, the costs incurred by you in executing a Job and the transaction fees of a cash withdrawal by you as provided for in clause 5.2 below).
    11. You acknowledge that the Platform, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permitted by law, neither M4JAM nor its shareholders or affiliates, nor any of their employees, managers, officers or agents (collectively the "M4JAM Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the availability or reliability of the Platform; (b) the content on the Platform; (c) the availability or quality of the Jobs posted on the Platform; (d) the security associated with the transmission of information and Job Data by you to us, or by us to you via the Platform, or (e) that the Platform is free from any harmful components, including (without limitation) viruses. The M4JAM Parties do not make any representations or warranties that the information (including the Job Specifications and any other instructions) on the Platform is accurate, complete, or useful. You acknowledge that your use of the Platform is at your sole risk. You also acknowledge that we are not responsible for any Job Request posted by a Customer on the Platform and that we do not endorse any Jobs.
  4. JOB DATA
    1. Delivery
      1. You agree that you will use the Platform to provide the Job Data for each Job Request to M4JAM on or before the applicable Job Completion Date.
    2. Ownership
      1. You agree that the Customer who placed a Job Request on the Platform will own all right, title and interest in the Intellectual Property Rights subsisting in or arising in connection with that Job Data. You hereby irrevocably and unconditionally cede, transfer and assign to M4JAM, without further consideration, all right, title and interest of all present and future Intellectual Property Rights owned by you anywhere in the world subsisting in or in connection with each set of Job Data, as may be necessary to give effect to the cession, assignment and transfer by M4JAM to the Customer who placed the relevant Job Request, of all present and future Intellectual Property Rights subsisting in or arising in connection with the Job Data, prior to the creation of those Intellectual Property Rights.
    3. You irrevocably and unconditionally waive any and all moral rights relating to the Intellectual Property Rights in and to any Job Data, together with any other rights which you may enjoy under any moral rights legislation existing in the future, in any part of the world to the extent permitted by any such legislation.
    4. However, you agree that if any Intellectual Property Rights, including moral rights, cannot (as a matter of law) be assigned by you to us, and in turn to the Customer, as contemplated above, then (a) you unconditionally and irrevocably waive the enforcement of such rights and all claims and causes of action of any kind against us and/or the Customer, with respect to such rights, and (b) to the extent that you cannot (as a matter of law) make such waiver, then you unconditionally grant to us an exclusive, perpetual, irrevocable, worldwide, fully-paid license, with the right to sublicense through multiple levels of sub-licensees, under any and all such rights to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit and otherwise use each set of Job Data in any medium or format, whether now known or hereafter discovered, and to exercise any and all other present or future rights in each set of Job Data. You furthermore agree that we may grant the Customer a sub-licence in respect of the Job Data which is no less favourable than the licence granted by you to us in respect of such Job Data as contemplated in this clause 4.4.
    5. At M4JAM’s request, you will (i) cooperate and assist M4JAM both during and after the term of this Agreement, in perfecting, maintaining, protecting and enforcing M4JAM or a Customer’s rights in and to the Job Data, and (ii) execute and deliver to M4JAM any document deemed necessary or appropriate by M4JAM in its discretion to perfect, maintain, protect or enforce M4JAM or a Customer’s rights in and to the Job Data or otherwise carry out the purposes of this Agreement. You hereby irrevocably designate and appoint M4JAM and its duly authorized officers and agents as your agent and authorise them to act for and on your behalf and to execute, deliver and file any and all documents with the same legal force and effect as if executed by you, if M4JAM or a Customer is unable for any reason to secure your signature on any document needed in connection with the actions described in this clause.
    6. You are solely responsible for your conduct under this Agreement and each Job Engagement, and all Job Data and any other material that you submit on the Platform or otherwise under this Agreement.
    7. You hereby indemnify, defend and hold harmless M4JAM from all Losses arising or resulting from, or in connection with, any actual or threatened claim, demand, charge, action, cause of action, or other proceeding by any Third Party (including the Customer) (a “Claim”) arising from or in connection with the cession, assignment and transfer or sub-licensing of the Intellectual Property Rights in and to the Job Data under this clause 4, including (without limitation) any Claim that such Intellectual Property Rights infringe the Intellectual Property Rights of a Third Party or otherwise.
  5. PAYMENT
    1. M4JAM shall transfer the Job Fee, or an amount equivalent to the Product Discount (as specified in the Job Specifications), for each Approved Job within fifteen (15) calendar days of the Customer’s approval of the Job Data concerned.
    2. M4JAM will transfer all Job Fees, or Product Discount amounts, due to the Jobber into the Jobber’s M4JAM wallet on the Platform.  You are entitled to accumulate Job Fees, or Product Discounts, and withdraw money from your M4JAM wallet from time to time, provided that:
      1. the minimum amount for a withdrawal is R 25.00 with the maximum amount capped at R1,000.00 ; and
      2. each withdrawal will attract the then current transaction fee of M4JAM.
    3. M4JAM will not transfer the Job Fee, or an amount equivalent to the Product Discount, for a Job if you are in breach of any of your obligations under this Agreement and/or should the Customer rejects the Job Data because the data doesn’t meet the Job Specifications or quality requirements.  You will not have any claim against us for the Job Fee, or Product Discount, in such instances. You unconditionally and irrevocably waive the enforcement of any rights and all claims and causes of action of any kind against us and/or the Customer, with respect to such rights.
    4. All Job Fees and Product Discounts are quoted in and will be transferred in Rand (South African Rands).
    5. You are responsible for paying all applicable taxes and for all expenses incurred by you in connection with the Jobs or otherwise performing your obligations under this Agreement. We recommend that you obtain independent professional advice regarding the tax consequences arising from the receipt of any Job Fees or Product Discounts.
    6. We may be obligated by law to obtain tax information from you. If we request tax information from you and you do not provide it, we may (in addition to any other rights or remedies available to us) withhold your Job Fees, or Product Discounts, until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
  6. INDEPENDENT CONTRACTOR RELATIONSHIP
    1. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between you and M4JAM on the one hand, or between you and the Customer on the other hand.
    2. You are not entitled to, and will not claim any tax return or benefits from us, or proceed in any way, directly or indirectly, which may involve M4JAM in a way that is inconsistent with your status as an independent contractor
    3. You are not the agent of M4JAM or any Customer and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of M4JAM or a  Customer.
    4. Without limiting the generality of the foregoing:
      1. Benefits and Contributions
        1. You are not entitled to or eligible for any benefits that M4JAM may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, M4JAM will not withhold or make payments for PAYE, UIF or disability insurance contributions, or obtain workers’ compensation insurance on your behalf.
      2. Taxes
        1. You are solely responsible for filing all tax returns and submitting all payments as required arising from the payment of Job Fees, or Product Discounts, to you under this Agreement, and you agree to do so in a timely manner. If applicable, M4JAM will report the Job Fees, or Product Discounts, transferred to you under this Agreement to the South African Revenue Services as required by law. We recommend that you obtain independent professional advice regarding the tax consequences arising from the receipt of any Job Fees or Product Discounts
      3. Compliance with Law
        1. You will comply with all applicable laws governing independent contractors, including laws requiring the payment of taxes.
    5. Should you, notwithstanding your status as an independent contractor, for any reason be considered to be an employee of M4JAM (Pty) Ltd by the South African Revenue Service for purposes of the Fourth Schedule to the Income Tax Act 58 of 1962, you agree and undertake to reimburse us for any interest and penalties imposed on us by the South African Revenue Service for not withholding employees' tax from payments made to you.
  7. CONFIDENTIALITY
    1. Confidential Information” means any and all information or data of any nature and in any format or medium, which by its nature or content is or reasonably ought to be identifiable as confidential and/or proprietary to the disclosing party, or which is provided or disclosed in confidence, or which may come to your knowledge by whatever means, related to (without limitation) M4JAM’s or any Customer’s business (including trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, personnel information, financial data, and proprietary information of third parties).
    2. Use and Disclosure.
      During the term of this Agreement and at all times thereafter, you will (a) hold all Confidential Information in strict confidence, (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement, and (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining M4JAM’s express prior written consent and then only on a case-by-case and need-to-know basis.
    3. Standard of Care.
      You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature, and with no less than reasonable care.
    4. Reverse Engineering.
      You will not attempt to reverse engineer, or change, modify, adapt or alter the Platform, any software, or any applications or items provided by M4JAM, including (without limitation) those that use, embody, or contain Confidential Information.
    5. Exceptions.
      Your obligations under clauses 7.2 and 7.3 will terminate with respect to any particular information that you can prove, by clear and convincing evidence: (a) you lawfully knew prior to M4JAM’s first disclosure to you, (b) a third party rightfully disclosed to you free of any confidentiality duties or obligations, or (c) is, or through no breach of any confidentiality provisions has become, generally available to the public. Additionally, you will be permitted to disclose Confidential Information to the extent that (aa) such disclosure is expressly approved in writing by M4JAM, or (bb) is required by law or court order, provided that you immediately notify M4JAM in writing of such required disclosure (to the extent that this is allowed under law or regulation) and cooperate with M4JAM, at M4JAM’s’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure
    6. Removal; Return.
      Upon M4JAM’s request and upon any termination or expiration of this Agreement, you will promptly (a) return to M4JAM or, if so directed by M4JAM destroy, all tangible embodiments of the Confidential Information (in every form and medium), (b) permanently erase all electronic files containing or summarizing any Confidential Information, and (c) certify to M4JAM in writing that you have fully complied with the foregoing obligations.
  8. NO CONFLICTS
    You represent and warrant that you are not subject to any contract or duty that would be breached by entering into or performing your obligations under this Agreement, or that is otherwise inconsistent with this Agreement.
  9. REPRESENTATIONS AND WARRANTIES
    1. General. You represent and warrant that:
      1. You will not, in the course of performing any Job, infringe or misappropriate, and neither the Job Data nor any element thereof will infringe or misappropriate, any Intellectual Property Right of any third party;
      2. All Job Data and all elements thereof are your original works and you have all rights necessary to grant the rights set forth in this Agreement;
      3. Neither the Job Data nor any element thereof will be subject to any restriction, mortgage, lien, claim, pledge, security interest, or encumbrance when delivered by you to M4JAM
      4. You will not grant, directly or indirectly, any right or interest in the Job Data or any part thereof to any other person;
      5. You have full right, power, and authority to enter into and perform this Agreement without the consent of any third party (including any of your current or former employers); and
      6. The Job Data will fully conform to the Job Specification and any other requirements and terms contained herein, and will be of a professional and workmanlike quality.
    2. In the event of a breach of any of these warranties by you, M4JAM shall be entitled, without limiting any other rights or remedies that M4JAM may have, either in law or under this Agreement, to request you to promptly replace the Job Data at no additional charge to M4JAM.
    3. You will indemnify and hold harmless M4JAM and its affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, claims and other expenses (including attorneys’ costs and fees) arising from or in connection with any breach by you of any provision, representation, warranty or obligation in this Agreement, or any Job, including (without limitation) your infringement of any right of any third party (including (without limitation) infringement of Intellectual Property Rights, confidentiality, privacy, or damage to property). M4JAM reserves the right to assume the exclusive defence and control of any matter under this clause 9.2, and you will not settle any claim without the prior written consent of M4JAM.
  10. LIMITATION OF LIABILITY
    1. Subject to clause 10.2, M4JAMs’ total liability to the Jobber shall be limited (a) in respect of each Approved Job, to 100% of the Job Fee, or Product Discount, paid to the Jobber, and (b) in the aggregate, to maximum of R100.00.
    2. In no event will M4JAM be liable to you in contract or delict (including negligence), for breach of statutory duty, or otherwise, for any indirect, exemplary, special, punitive, incidental or consequential losses or damages of any kind whatsoever and howsoever caused, even if foreseeable or if M4JAM has been advised of the possibility of such damages (including loss of profits, loss of goodwill, loss of data, loss of business, loss of revenue), arising under or in connection with this Agreement and (without limitation) (a) the Platform; (b) the content on the Platform; (c) the number of available Jobs at any one time or the quality thereof ; (d) your use of, inability to use, or the performance of the Platform; (e) any claim or alleged claim by a third party that you have infringed the third party’s Intellectual Property Rights in the performance of your obligations under this Agreement, or where M4JAM has reason to believe that you have infringed M4JAM’s or a third party’s Intellectual Property Rights; (f) any errors or omissions in the Platform's operation; or (g) any damage to  your computer, mobile device, or other equipment.
  11. PERSONAL INFORMATION
    1. Your privacy is very important to us and we will ensure that any information, including Personal Information, provided by, or collected from you, is stored in a secure manner.
    2. You agree to give honest, accurate and current information about yourself to us and to maintain and update such information when necessary.
    3. Your hereby consent that M4JAM is entitled to make your Personal Information available to those Customers for whom you perform Jobs from time to time, and that M4JAM and/or such Customers  are entitled to use your Personal Information from time to time to (a) contact you directly (also in relation to the Job Data); (b) send Direct Marketing to you (as defined in section 1(a) of the Protection of Personal Information Act, Number 4 of 2013); and/or (c) send Rewards to you.  You agree that M4JAM and/or such a Customer will be entitled to approach you on at least one occasion for the purposes set out in (a) to (c) (the “First Contact”).
    4. You can unsubscribe from receiving such communications, Direct Marketing and/or Rewards from M4JAM and/or the Customers after the First Contact, by (a) unsubscribing on the facilities provided by the Customer, and/or (b) texting “unsubscribe” from your mobile device which is registered with us, to such number as we may notify you of from time to time.
    5. You acknowledge that any Personal Information supplied to us by you under the Agreement is provided voluntarily.
    6. By submitting any information to us in any form you further acknowledge that such conduct constitutes an unconditional, specific and voluntary consent to the processing of such information by us or our processors under any applicable law in the manner contemplated above, which consent shall, in the absence of any written objection received from you, be indefinite and/or for the period otherwise required in terms of any applicable law.
    7. M4JAM will, subject to clause 11.3, obtain you consent before exchanging, transferring, renting or otherwise making available any Personal Information about you (such as name, address, email address, telephone or fax number) to other parties.
    8. Should you believe that we have utilised your Personal Information contrary to applicable law, you shall first resolve any concerns with us. If you are not satisfied with such process, you have the right to lodge a complaint with the Regulator, once established.
  12. TERMINATION
    1. Termination by M4JAM. M4JAM may terminate this Agreement, in whole or in part, immediately and at any time without cause and for its convenience.
    2. Fees upon termination. Upon termination under clause 12.1,  M4JAM shall transfer any Job Fee(s), or Product Discounts, due to you up and to the date of termination.
    3. Termination by You. You may terminate this Agreement at any time by ceasing to access the Platform.
    4. Survival. Sections 3, 4, 5, 6, 7,  9, 10, 11, 12 and 13 will survive any termination or expiration of this Agreement. Termination or expiration of this Agreement will not affect either party’s rights and obligations under the Agreement which existed prior to expiration or termination.
    5. Upon termination of this Agreement for any reason:
      1. You will no longer have access to or use of the Platform; and
      2. All rights and licences granted to you in the Agreement will immediately cease.
  13. GENERAL PROVISIONS
    1. Governing Law
      This Agreement shall be governed in all respects by the laws of the Republic of South Africa.
    2. Dispute Resolution
      1. If any dispute, controversy or claim arises between the parties under, out of, or in relation to this Agreement, including any dispute concerning the formation, construction, interpretation, or breach of this Agreement or a party’s performance of its obligations hereunder (“Dispute”), the parties shall attempt in the first instance to resolve the Dispute through mutual good faith consultation.
        If the Dispute is not resolved in this manner within thirty (30) days of a party’s notice of a Dispute, then either party may serve a notice on the other party requiring the Dispute to be submitted to arbitration as provided for in clause 13.2.2.
      2. The arbitration shall take place in accordance with the UNCITRAL Arbitration Rules in force at the time of the dispute. The appointing authority in terms of the UNCITRAL Arbitration Rules shall be the Association of Arbitrators (Southern Africa). Unless agreed otherwise the mediation and the arbitration shall be administered by M4JAM. The number of mediators shall be 1 (one) and the number of arbitrators shall be 1 (one). The place of the mediation and the arbitration shall be Cape Town, South Africa.
      3. This dispute and arbitration agreement will survive the termination of any or all of your transactions and relationship with us.
    3. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    4. No Assignment
      1. This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part by you without M4JAM’s express prior written consent. Any attempted assignment, delegation, or transfer in breach of the foregoing will be null and void.
      2. M4JAM may assign, delegate, or transfer this Agreement, in whole or in part, or any of its rights under this Agreement to any third party without your prior written consent.
    5. Notices.
      M4JAM may give any notice required by this Agreement by means of a general notice on the Platform, electronic mail to your email address on record with M4JAM, or electronically via your cell phone number on record with M4JAM. Such notice shall be deemed to have been given once the notice was posted, or the email or text message sent. You may give written notice to M4JAM, addressed to the attention of M4JAM. Such notice shall be deemed given when received by M4JAM by email at the following address: info@M4JAM.com.
    6. Remedies.
      You acknowledge that any breach of this Agreement by you would cause irreparable injury to M4JAM for which monetary damages would not be an adequate remedy and, therefore, M4JAM will be entitled to interim relief (including specific performance). The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law.
    7. Waiver.  
      Our failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. No waiver of any of these terms and conditions will be deemed a further or continuing waiver of such term or condition or any other term or condition.  In any event, any waiver has to be reduced to wiring and signed by both parties.
    8. Entire Agreement; Amendments.
      This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and substitutes all prior or contemporaneous communications and understandings between the parties.
    9. Feedback.
      In the event that you provide M4JAM with any feedback regarding the Platform, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions, you hereby agree that M4JAM may use such feedback for its own internal purposes in any way it may deem fit.
    10. Modifications to the Platform.
      M4JAM reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform and/or the Service (or any part thereof) with or without notice. You agree that M4JAM shall not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Platform and/or Service.

[Last Updated  23 March 2015]