Terms and Conditions

Reach is a sending platform. It holds your audiences, composes your newsletters and workflows, and passes the resulting messages to our central mail service for delivery. You use it under a subscription; we provide it as described in our published product materials at the time you subscribe.

Sign-in is through Accounts. You are responsible for who you give access to, for what they do with it, and for telling us promptly if an account should no longer have it. An operator's access ends at their next request once you remove them.

You warrant, for every message you send through Reach, that:

• you have a lawful basis under POPIA — or the equivalent law where your recipients are — for holding each address and for mailing it, and you can show what that basis is;
• each recipient gave their details to you, or you obtained them lawfully, and none of your lists were purchased, scraped, harvested, or acquired from a third party without the recipients' knowledge;
• the content is yours to send: accurate, lawful, and not infringing anybody's rights;
• the message is not unsolicited commercial communication as defined in section 45 of the Electronic Communications and Transactions Act, 2002, or the equivalent in your recipients' jurisdiction;
• you honour unsubscribes. Reach adds an unsubscribe link to every non-transactional message and records the result centrally; you must not send to anyone who has used it, by any other route.

These are not formalities. A single organisation mailing people who did not ask to hear from it damages the deliverability of every organisation that shares our sending infrastructure.

What we do provide is what we can honestly report: whether we accepted your message, whether our delivery provider accepted it, whether it bounced, and whether it was opened where the recipient's client allows that to be measured. Open and click figures are indicative and are affected by privacy features in common mail clients; they are not a record of who read what.

Sending from your own domain requires DNS records you publish and that our delivery provider can verify. Until it verifies them, your mail is sent from the platform's address. We report that state honestly on the Sending domains screen and never claim a domain is authenticated before the provider says so.

This includes, without limiting the generality of it:

• a message sent to the wrong list, the wrong segment, or the wrong person;
• a message sent at the wrong time, or one that did not send when you expected it to;
• a message that was not delivered, was delayed, was filtered as spam, or was delivered to a recipient who had asked not to receive it because that request was made somewhere other than through the unsubscribe link;
• anything anybody relies on in a message — an event time, a price, a deadline, a piece of advice — and any loss arising from that reliance;
• content that a recipient finds objectionable, or that a regulator or third party takes issue with.

You will indemnify and hold Zavon Holdings harmless against any third-party claim, penalty, or regulatory action arising out of a communication you sent through Reach, or out of the list you sent it to.

Our delivery reputation is shared. If your sending produces spam complaints, hard bounces, or provider warnings at a rate that puts other organisations' mail at risk, we may suspend your sending immediately and without notice, and require you to demonstrate the basis on which you hold your list before we restore it. We will tell you why, and we would rather help you fix it than switch you off — but we will switch you off rather than let one list damage everybody's deliverability.

Your audiences, your copy and your sending history are yours. We process them to provide Reach and for no other purpose; we do not sell them, and we do not mail your recipients on our own behalf. How we handle personal information, and the division of responsibility between you and us under POPIA, is set out in the Privacy Policy.

Subscription fees, sending volumes and any overage are as quoted to you. Fees are payable in advance and are not refundable for a period already begun, except where the law requires otherwise.

We will use commercially reasonable efforts to keep Reach available and performing, and we will not materially reduce the functionality of a tier you are subscribed to during your current paid period.

Except for those express warranties, Reach is provided on an “as is” and “as available” basis. To the maximum extent permitted by law we disclaim all other warranties, express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement.

To the maximum extent permitted by South African law, neither party is liable to the other for indirect, incidental, consequential, special or punitive damages, including loss of profits, revenue, goodwill or data, arising out of or in connection with these Terms.

Our total aggregate liability under or in connection with these Terms, whether in contract, delict or otherwise, will not exceed the subscription fees you paid us in the twelve months immediately before the event giving rise to the liability.

Nothing in these Terms limits either party's liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

These Terms begin when you first use Reach and continue while you have an active subscription. You may cancel at any time, effective at the end of the current paid period. Either party may terminate immediately for a material breach not cured within 30 days of written notice; we may suspend immediately in the circumstances in clause 6 or for a security incident.

On termination your right to use Reach ends. We keep your data for the period set out in the Privacy Policy so that you can export it once, and then we delete it.

We may revise these Terms. We will give at least 30 days' notice of a material change, in the product and to your administrator's address. Continuing to use Reach after the effective date is acceptance.

These Terms are governed by the laws of the Republic of South Africa, and the parties submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division (Cape Town). Notices to us go to [SENSITIVE]; notices to you go to your administrator's address on file. You may not assign these Terms without our written consent. If a provision is unenforceable, the rest stands. These Terms and the Privacy Policy are the entire agreement between us about Reach.

Zavon Holdings Group (Pty) Ltd
[SENSITIVE]