ENForms is an online forms service operated by CelestiNet (Pty) Ltd. By using this website and service, you agree to these terms and conditions.
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The service
ENForms is an online forms portal. Account holders ("you") log in to create and send form requests to recipients, who complete and submit those forms. Personal information may be entered into forms by you and by your recipients. These terms govern your use of that service. -
Licence
We grant you a limited licence to use this website and service. -
Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us promptly of any unauthorised use of your account. -
Acceptable use
You may only use ENForms for lawful purposes. You must not use the service to collect, store, or distribute information unlawfully, to send unsolicited communications, or to upload malicious or infringing content. You are responsible for the content of the forms you create and for ensuring that any information you request from recipients is collected lawfully and for a legitimate purpose. You must take particular care where forms request sensitive personal information (such as health information, identity numbers, financial details, or information relating to children), and must ensure you have a lawful basis to collect it. -
Your data and data protection roles
You determine what personal information is collected through the forms you create and why. For that information you are the responsible party (data controller), and ENForms acts as the operator (data processor) that processes it on your behalf and in accordance with your instructions and these terms. You are responsible for having a lawful basis for the collection, for providing any required privacy notice to your recipients, and for obtaining any consent they are entitled to. You agree to comply with the Protection of Personal Information Act (POPIA) and any other applicable data protection laws in respect of the information you collect. Where a recipient exercises a data protection right (such as access, correction, or deletion) in relation to information they submitted to you, you are responsible for handling that request as the controller, and we will provide reasonable assistance. -
Ownership of your data
As between you and us, you retain ownership of and responsibility for the form content you create and the responses submitted to you. We do not claim ownership of that data and will only access or process it as needed to provide, maintain, and secure the service, or as required by law. Our retention and handling of this data is described in our Privacy Policy. -
Breach
We may cancel your licence if you breach any of these terms. -
Termination
We may terminate or suspend your access to the website at any time, without notice, for conduct that violates these Terms. You can also terminate your account at any time. Please refer to our Privacy Policy for data retention practices after account termination. -
Framing
You may not frame this website. You may link to it. -
Capacity
You agree to the terms on the basis that you have the capacity to visit this website. If you use ENForms on behalf of an organisation, you confirm that you are authorised to accept these terms on its behalf. -
Ownership
We (or our third-party licensors) own all rights in this website and the ENForms service itself. This does not affect your ownership of your own form data as set out above. -
Trademarks
All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property. -
Restrictions
You may not change, hire out, reverse engineer, or copy this website or the service without our permission. -
Own Risk
You use this website at your own risk, and we make no warranties about it. We have prepared the content of this website with the utmost care to ensure that it is accurate. However, we do not warrant that this website is current, complete, or accurate. If you should notice any inaccuracies, feel free to contact us, and we will correct them as soon as possible. -
Third-party Content
Our website may contain links to the websites (or content) of others. We are not responsible for what they do. If you want us to link from this website to your website, please contact us. -
Privacy and Data Protection
By using this website, you agree to our Privacy Policy, which governs the collection and use of personal information through the service. We respect your privacy and will only collect and process personal data as necessary to operate the service. -
Indemnity
You indemnify us against any liability related to your use of this website or service, including any claim arising from the information you collect from recipients or your failure to comply with applicable data protection laws. -
Damages
We are not responsible for any direct or indirect damages given the purpose of this website. -
Force Majeure
We shall not be held liable for any failure or delay in performance of our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, technical failures, or governmental actions. -
Governing Law and Dispute Resolution
These terms shall be governed by the laws of the Republic of South Africa. However, if any provision of these terms is held to be invalid or unenforceable under the laws of your jurisdiction, the remaining provisions will continue to be valid and enforceable. Any disputes arising out of or in connection with these terms will be resolved in accordance with South African law, and you consent to the exclusive jurisdiction of the courts in South Africa. -
Changes to Terms
We may update these Terms from time to time. We will notify users of any material changes via email or through a prominent notice on our website. Continued use of the service after such notice will constitute acceptance of the new terms. -
Refund or Cancellation Policy
Refunds or cancellations will be assessed on a case-by-case basis, depending on the circumstances of the request. We aim to handle all refund requests fairly and promptly. If you wish to request a refund or cancellation, please contact us with the relevant details, and we will evaluate your request in accordance with our policies.