TERMS OF USE
Last updated 2024-02-01
AGREEMENT TO OUR LEGAL TERMS
We are Stop Snap Go ('Company', 'we', 'us', or 'our').
We operate the mobile application Stop Snap
Go (the 'App'), as well as any other related products and services that refer or link
to these legal terms (the 'Legal Terms') (collectively, the 'Services').
We give social media users the tools to succeed in
social media content creation as a one stop solution, whereby you can edit
videos, photos, post and receive analytics based on your posts. You will also
receive insight on current trends, hot topics and more to inspire your social
media content. Stop Snap Go is your one stop solution.
You can contact us by email at stopsnapgo@gmail.com
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ('you'), and Stop Snap Go,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time. We will alert you
about any changes by updating the 'Last updated' date of these Legal
Terms, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the changes in any
revised Legal Terms by your continued use of the Services after the date such
revised Legal Terms are posted.
All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Services. If you are a
minor, you must have your parent or guardian read and agree to these Legal
Terms prior to you using the Services.
We recommend that you print a copy of these Legal
Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
8. USER GENERATED CONTRIBUTIONS
10. MOBILE APPLICATION LICENCE
12. THIRD-PARTY WEBSITES AND CONTENT
18. MODIFICATIONS AND INTERRUPTIONS
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
27. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services is
not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'), as well as the trademarks, service marks,
and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS
IS' for your personal, non-commercial use or internal business
purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive,
non-transferable, revocable licence to:
solely for your personal, non-commercial use or internal business
purpose.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms, please address
your request to: stopsnapgo@gmail.com. If we ever grant you the permission
to post, reproduce, or publicly display any part of our Services or Content,
you must identify us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our
Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ('Submissions'), you agree to
assign to us all intellectual property rights in such Submission. You agree
that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other functionality during which
you may create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials to us or through the Services, including but
not limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or other material
('Contributions'). Any Submission that is publicly posted shall also be treated
as a Contribution.
You understand that Contributions may be viewable
by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us
a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or
in part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicence the licences granted in this
section. Our use and distribution may occur in any media formats and through
any media channels.
This licence includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting
Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
You are solely responsible for your
Submissions and/or Contributions and you expressly agree to reimburse
us for any and all losses that we may suffer because
of your breach of (a) this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions at
any time without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit
any such Contributions, we may also suspend or disable your account and report
you to the authorities.
Copyright infringement
We respect the intellectual property rights of
others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately refer to
the 'COPYRIGHT INFRINGEMENTS' section below.
By using the Services, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain
the accuracy of such information and promptly update such registration
information as necessary; (3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Services; (5) you will
not access the Services through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Services for any illegal
or unauthorised purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You further agree
to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorise us to
charge your chosen payment provider for any such amounts upon placing your
order. If your order is subject to recurring charges, then you consent to
our charging your payment method on a recurring basis without requiring your
prior approval for each recurring charge, until such time as you cancel the
applicable order. We reserve the right to correct any errors or mistakes
in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgement, appear to be placed by
dealers, resellers, or distributors.
6. POLICY
All sales are final and no
refund will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that
for which we make the Services available. The Services may not be used in connection
with any commercial endeavours except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
8. USER GENERATED
CONTRIBUTIONS
The Services may invite you to chat, contribute to,
or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, 'Contributions').
Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the
foregoing violates these Legal Terms and may result in, among other things,
termination, or suspension of your rights to use the Services.
9. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services or making
Contributions accessible to the Services by linking your account from the
Services to any of your social networking accounts, you automatically grant,
and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorise
sublicences of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This licence will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights, or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on the
Services. You are solely responsible for your Contributions to the Services,
and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2)
to re-categorise any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor
your Contributions.
10. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App on wireless
electronic devices owned or controlled by you, and to access and use the App on
such devices strictly in accordance with the terms and conditions of this
mobile application licence contained in these Legal Terms. You shall
not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove,
alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour,
commercial enterprise, or other purpose for which it is not designed or
intended; (6) make the App available over a network or other environment
permitting access or use by multiple devices or users at the same time; (7) use
the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8) use
the App to send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an 'App Distributor') to access the
Services: (1) the licence granted to you for our App is limited to a
non-transferable licence to use the application on a device
that utilises the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in the
terms and conditions of this mobile application licence contained in
these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to furnish
any maintenance and support services with respect to the App; (3) in the event
of any failure of the App to conform to any applicable warranty, you may notify
the applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the App,
and to the maximum extent permitted by applicable law, the App Distributor will
have no other warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in
a country that is subject to a US government embargo, or that has been
designated by the US government as a 'terrorist supporting' country
and (ii) you are not listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable third-party terms of
agreement when using the App, e.g. if you have a VoIP application, then
you must not be in violation of their wireless data service agreement when
using the App; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile
application licence contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile
application licence contained in these Legal Terms against you as a
third-party beneficiary thereof.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account
with online accounts you have with third-party service providers (each such
account, a 'Third-Party Account') by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us
to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the 'Social Network Content')
so that it is available on and through the Services via your account, including
without limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to
your Third-Party Accounts may be available on and through your
account on the Services. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and through
the Services. You will have the ability to disable the connection between your
account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between the
Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We
will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile
picture that become associated with your account.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to
other websites ('Third-Party Websites') as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ('Third-Party Content'). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed
from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we
do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
13. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar advertisements or
banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation, reporting such user
to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the Services
are hosted in South Africa. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in South
Africa, then through your continued use of the Services, you are transferring
your data to South Africa, and you expressly consent to have your data
transferred to and processed in South Africa.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify us using the contact
information provided below (a 'Notification'). A copy of your Notification
will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an attorney.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at
all times. We may experience hardware, software, or other problems or
need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
19. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws
of South Africa. Stop Snap Go and yourself
irrevocably consent that the courts of South Africa shall have
exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Legal Terms (each
a 'Dispute' and collectively, the 'Disputes') brought by either you or us
(individually, a 'Party' and collectively, the 'Parties'), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with
these Legal Terms, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. The number
of arbitrators shall be one (1). The seat, or legal place, or arbitration
shall be Johannesburg, South Africa. The language of the proceedings
shall be English. The governing law of these Legal Terms shall be
substantive law of South Africa.
Restrictions
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilise class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are
not subject to the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorised use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that
contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU
TO US DURING THE SIX
(6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $5.00 USD. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defence and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defence of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
25. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data relating
to your use of the Services. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates
to any activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or
corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a waiver of such right
or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will not be
construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
29. CONTACT US
In order to resolve a
complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
Stop Snap Go
__________
stopsnapgo@gmail.com