Limitation of Liability, Warranties and Indemnities
Your use of our website is at your own risk. Under no circumstances shall CONNECT, its officers, directors, divisions, affiliates, shareholders, subsidiaries, agents, licensors and employees be liable for any losses, damages, liabilities, penalties, claims, demands, suits, actions, or any related costs and expenses of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, which are claimed to arise from the use of our website, services, software, including without limitation, any fault, error, omission, interruption or delay with respect hereto. CONNECT is not responsible for any Intellectual Property Rights infringement whatsoever. You hereby waive any and all claims against CONNECT and their officers, directors, subsidiaries, shareholders, divisions, affiliates, agents, representatives, licensors and employees arising out of the use of our website and the information available therein. Neither party shall be liable for any disruption, interruption, suspension, failure and breakdown of its system due to factors beyond its reasonable control. Except in the event of gross negligence, willful misconduct, non-payment, or as set out below, neither party shall be liable for any indirect, incidental, consequential, special, loss of revenue and/or business, loss of anticipated earnings or punitive, exemplary damages howsoever arising out of this Agreement (whether for breach of contract, tort, or negligence) or its termination and irrespective of whether such Party has been advised of the possibility of such loss or damage. Each Party hereby agrees to indemnify and hold the other Party harmless from any and all costs, expenses, including reasonable outside attorneys’ fees, claims, suits and liability by third parties (collectively, “Claims”) that the other Party may suffer or incur by reason of the Party’s actual or alleged infringement of any Intellectual Property rights of the Other Party or a third party in connection with this agreement, violation of any laws or regulation of any governmental, regulatory or judicial authority arising from the performance of the Party under this Agreement, and the gross negligence or willful misconduct of the Party, its employees or agents in connection with this agreement.
Ownership of Materials, Copyright and Trademark Notice
Nothing in the agreement shall give the CLIENT any rights in respect of CONNECT or its affiliates intellectual property and the CLIENT hereby acknowledges that it shall not require any rights in respect thereof and that all such intellectual property is and shall remain vested in the company or its affiliates. The CLIENT shall be provided with proprietary technical information, documentation or software that must be returned to CONNECT on termination of this agreement. The parties shall procure, at their own cost, all necessary permissions, licenses, royalty-free licenses, consents or approvals prior to any use or reproduction (whether or not in whole or in part) of third Party software, information, documents, data, statements, technology, literary work, musical work, artistic work, invention or design which are protected by copyrights, patent rights, design rights or trademarks belonging to the third party in regards to the Services provided. The intellectual property of and/or developed by either Party shall remain the exclusive property of that Party. Neither Party shall use the other Party’s intellectual property for whatever purpose unless with the prior written consent of the other Party. CONNECT shall retain all right, title, and interest in the CONNECT MOBILE System, including but not limited to, ownership of all hardware, software, data, technology, applications, report formats and mechanisms, content and all intellectual property rights associated therewith.
Links and Framing
CONNECT does not review or monitor the material contained on web sites that may be linked to our site and is not responsible for the content of any such linked websites. Your linking to such web sites is at your own risk. It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of CONNECT.
Security and Account Protection
To make use of our services, a CLIENT must complete the registration process and must provide CONNECT with up to date, complete and accurate information. Failure to provide accurate and complete information on registration may result in termination of services. The CLIENT may also be required to choose a password. The CLIENT is responsible for maintaining the confidentiality of their password and undertake not to divulge their password to any other person. The CLIENT is entirely responsible for any and all activities that occur under its account and shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the CLIENT or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
Applicable Law and Jurisdiction
Where the CLIENT uses our services to communicate messages to third parties such as your customers (message recipients), we are the data processor and you are the data controller. This means that you determine the purpose and means of the processing of information about message recipients. It is your responsibility to ensure that message recipients’ data that is uploaded to our platform, along with the content of the messages, is compliant with all applicable local and international data protection laws and regulations, including but not limited to the General Data Protection Regulation Directive (GDPR) and South Africa’s Protection of Personal Information Act (POPIA). The CLIENT shall further comply with any relevant code of conduct for the wireless industry to which CONNECT is subject to, including the Wireless Applications Service Provider (WASPA) Code of Conduct located at https://waspa.org.za/coc/.
Should any part of these terms and conditions be declared invalid or unenforceable by a court of competent jurisdiction, this will not affect the validity of any remaining portion of the website Terms and Conditions and such remaining portion will remain in full force and effect.
Alteration to Terms and Conditions
Breach of Terms and Conditions
Where a CLIENT account is suspended or terminated due to any breach of these terms and conditions, CONNECT reserves the right to suspend or terminate all other accounts registered by, or on behalf of such CLIENT, as well as suspend or terminate any account registered by any other person or persons whom CONNECT, in its sole and unfettered discretion, believes is affiliated with the CLIENT concerned.
79 Eros Road
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If you wish to learn more about the incident response or complaints procedure send an email to email@example.com