Terms & Conditions And Privacy Policy (POPIA)
1. Introduction
These Terms & Conditions (“Terms”) govern your use of [website URL] (the “Platform”), operated by [Your Business Name] (registration number [____]) (“we”, “us”, “the Operator”). The Platform connects prospective buyers and sellers of accounting practices and client bases in South Africa. By registering, submitting a form, or otherwise using the Platform, you agree to these Terms and to our processing of your personal information as described below. If you do not agree, please do not use the Platform.
2. Definitions
“Buyer” means a person or entity registering to acquire an accounting practice or client base. “Seller” means a person or entity registering to sell an accounting practice or client base. “User” means any Buyer, Seller, or visitor. “Personal Information” carries the meaning given in the Protection of Personal Information Act 4 of 2013 (“POPIA”). “Responsible Party” and “Data Subject” carry the meanings given in POPIA. “Information Regulator” means the regulator established under POPIA.
3. Our Role
We act as an intermediary and marketing platform only. We are not a party to any sale agreement between a Buyer and Seller, we are not your accountant, attorney, or financial advisor, and we do not provide professional, legal, tax, or valuation advice. Any introduction we facilitate does not constitute a recommendation or warranty regarding any User or practice.
4. Eligibility & Accurate Information
You confirm that you are at least 18 years old, legally capable of contracting, and (where applicable) duly authorised to act on behalf of any entity you register. You undertake to provide information that is true, accurate, current, and complete, and to update it when it changes. We may verify professional registrations, decline or remove any registration, and suspend access where information is false, misleading, or where use breaches these Terms.
5. Personal Information We Collect
Depending on whether you register as a Buyer or Seller, we may collect: identifying and contact details (name, practice name, email, phone, location); professional details (designation, registration/membership numbers, qualifications, experience); financial and commercial information about a practice (turnover, profit, client numbers, software, staff, asking price); acquisition criteria and funding information; and technical data (IP address, browser, and cookie data) when you use the Platform. We collect this information directly from you via our registration forms, and through your use of the website.
6. Purpose of Processing (Why We Use It)
In line with POPIA’s minimality principle, we collect only what is needed to: register and verify Users; match Buyers with suitable Sellers and vice versa; facilitate introductions and communications between parties; respond to enquiries and provide our brokerage services; comply with legal obligations (including FICA where applicable); and, where you have separately consented, send you relevant listings and marketing. Personal information collected must be adequate, relevant, and not excessive for the purpose of processing.
7. Lawful Basis & Consent
We process your information on one or more lawful grounds under Section 11 of POPIA, namely your consent, the necessity of processing to take steps toward or perform a contract with you, compliance with a legal obligation, and our legitimate interests in operating the Platform. You give consent voluntarily, by an unambiguous action, having been informed of the processing beforehand, and consent is specific to each processing purpose. You may withdraw consent at any time (see Section 13), though this will not affect processing already carried out or processing on another lawful basis.
8. Confidentiality & Sharing Between Buyers and Sellers
Practice information is commercially sensitive. We will not publish a Seller’s identifying details or detailed financials publicly. Identifying and detailed information is disclosed only to vetted, registered Buyers who have expressed genuine interest and, where required, signed a Non-Disclosure Agreement (NDA). Likewise, Buyer details are shared with relevant Sellers only to facilitate a possible transaction. Both Buyers and Sellers agree to keep all information received through the Platform strictly confidential, to use it solely to evaluate a potential transaction, and not to solicit clients or staff, or to disclose, copy, or exploit such information for any other purpose.
9. Disclosure to Third Parties
We may share Personal Information with: service providers (“Operators” under POPIA) who host, maintain, or support the Platform under written confidentiality obligations; professional advisors; and competent authorities or regulators where required by law. We do not sell your Personal Information. Where information is transferred or stored outside South Africa (for example, by a cloud hosting provider), we will ensure a comparable level of protection as required by Section 72 of POPIA.
10. Cookies
The Platform uses cookies and similar technologies to function correctly and to understand site usage. Because cookies can collect personal information, the website presents a clear cookie notice and obtains your permission before placing non-essential cookies on your browser. You can manage or disable cookies through your browser settings, though some features may not work properly as a result. Termly
11. Security Safeguards
We apply reasonable technical and organisational measures to protect Personal Information against loss, unauthorised access, and unlawful processing, including access controls, secure storage, and encryption where appropriate. Where a security compromise occurs that may affect you, we will notify you and the Information Regulator as required by Section 22 of POPIA.
12. Retention
We retain Personal Information only for as long as necessary to fulfil the purposes above or as required by law (for example, FICA record-keeping obligations). When information is no longer required, we will securely delete or de-identify it. You may request deletion as set out below.
13. Your Rights as a Data Subject
Under POPIA you have the right to: confirm whether we hold your personal information and access it; request correction or amendment; withdraw your consent to processing; request that we restrict processing; request deletion of your personal information; and lodge a complaint with the Information Regulator. You also have the right to object to processing and to opt out of automated decision-making. To exercise any of these rights, contact us using the details in Section 18. We may require proof of identity before acting on a request.
14. Direct Marketing
We will only send you electronic marketing where you have consented or where otherwise permitted by law, and every marketing communication will offer a simple way to opt out. You can unsubscribe at any time without affecting your registration.
15. User Obligations & Prohibited Conduct
You agree not to: misrepresent your identity, qualifications, or intentions; use the Platform to circumvent us and deal directly so as to avoid agreed fees; harvest or scrape data; transmit unlawful, defamatory, or harmful content; or breach the confidentiality obligations in Section 8. Breach may result in suspension, removal, and legal action.
16. Fees & Commission
[State your fee/commission arrangements here, or state that fees are governed by a separate written mandate/agreement signed between the Operator and the relevant User.]
17. Disclaimer & Limitation of Liability
The Platform and any information on it are provided “as is” without warranties of any kind. We do not guarantee the accuracy of User-supplied information, the suitability of any Buyer or Seller, or that any transaction will conclude. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, or consequential loss, or for loss arising from your reliance on information obtained through the Platform or from any transaction between Users. Users are responsible for conducting their own due diligence and obtaining independent professional advice.
18. Information Officer & Contact Details
Responsible Party: [Your Business Name]
Information Officer: [Name]
Email: [email] | Phone: [phone] | Address: [physical address]
Complaints to the Information Regulator: [enquiries@inforegulator.org.za / POPIAComplaints@inforegulator.org.za], www.inforegulator.org.za
19. Changes to These Terms
We may update these Terms from time to time. The current version will always be available on the Platform with the “Last updated” date. Continued use after changes constitutes acceptance.
20. Governing Law
These Terms are governed by the laws of the Republic of South Africa, and you submit to the jurisdiction of the South African courts.