Please read these terms carefully when, using or accessing our website or mobile services or making use of any of the software or programs offered by Tidal Wave Holdings, LLC, Tidal Wave Audit and Tax LLC and Makosi Audit and Tax Services LLC (“the Makosi Services”)
These Browser Terms form part of the Makosi Applicant Terms of Service and as such it applies to every person (“you”, “user(s)”,”he”, “she” “they”) who accesses or uses Makosi’s online and/or mobile services and websites, including any software, service, feature, product, program and element provided by or on behalf of Makosi in connection with such services or websites (collectively, the “Website”) and including, but not limited to, any products, programs, and services described in the Terms of Service, as applicable.
1. Introduction and purpose of browser terms
1.2. When you access the Website, you do so at your own risk. Makosi will have no obligations to you whatsoever and we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our Website. If you act upon or rely on the information contained on our Website, this is at your own risk and we disclaim liability for any negative consequences which may result from your use or inability to use the Website.
2. Acceptance and consent
3. Changes to our website and/or these terms
3.1. We have the sole and unfettered right (as far as the law allows) to suspend, change or add to our Website and the Makosi Services, and to change or add to any of these Browser Terms and such changes will apply as soon as they are made.
4. Your use of our website
4.1. You may not:
4.1.1. distribute any content from our Website without our prior consent;
4.1.2. use any technology, including but not limited to crawlers and spiders, to search our Website or obtain information from our Website;
4.1.3. copy our Website or any source code or pages;
4.1.4. post any defamatory or illegal content;
4.1.5. link to our Website in a manner other than through the homepage or mobile interface; or
4.1.6. deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us.
5. Intellectual property
5.1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, source code, or methodology which forms part of, or is displayed or used on the Website or which forms any part of the Makosi Service and/or any products offered or displayed by us, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, mobile applications, page headers and software) is proprietary to us and will remain ours at all times.
5.2. You agree that you will not acquire any rights of any nature in respect of our intellectual property by using our Website and / or any of the Makosi Services.
6. Limited liability
For purposes of clarity:
6.1. we will not be liable to you for any loss caused using our Website and/ or the Makosi Services or your liability to any third party arising from those subjects.
6.1.1. any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any components (digital or otherwise) of the Makosi system;
6.1.2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website and/or any component of the Makosi Services; and
6.1.3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website and/or any third-party systems or programming defects.
7.1. You indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Browser Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.
8. Governing law and dispute resolution
8.1. The content of these Browser Terms is governed by South African law, including the Website and the Makosi Services and any interaction you may have with the Website and the Makosi Services regardless of what country you are based in, or the country where you access the Website or the country where you receive or use our Services.
8.2. If we ever have a dispute, then you agree that the dispute resolution provisions contained in the Terms of Service are read into these Browser Terms.
9. Contact information
9.1. Please email us at [email protected] for any enquiries about our Website and/or Makosi Services.
10. Disclosure in terms of section 43 of Electronic Communications and Transactions Act, 25 of 2002
10.1. Website owner: Tidal Wave Holdings, LLC, a New York Limited Liability Company (trading as "Makosi");
10.2. Legal status: Makosi is a limited liability company incorporated in the State of New York, United States of America.
10.3. Description of our main business: Makosi provides on demand global talent resources specifically to the tax and audit industry. Makosi sources suitable candidates who are qualified auditors or accountants and facilitates secondment opportunities for them with certified accounting firms in United States.
10.4. Email address: [email protected].
10.5. Website address: www.makosi.com.