INTRODUCTION: Welcome to our application and/or website (“the Software”). This Software is published by or on behalf of iShack Digital Consultancy CC (“iShack”), “we” or “us”). iShack is a close corporation registered in terms of the laws of the Republic of South Africa, with Close Corporation number - 2005/030329/23, whose registered address is 3rd Floor Palm Grove, Houghton Estate Office Park, 2 Osborn Road, Houghton, 2192.
COOLING-OFF PERIOD: In compliance with section 44 of Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), you are entitled to cancel without reason and without penalty your registration for the supply of the services related to the Software within seven (7) days after the date of your registration for such services.
If you have made payment for the services referred to above prior to your exercising a right referred to above, you shall be entitled to a full refund of such payment, which refund will be made as soon as possible, or at least within 30 days of the date of cancellation by you.
GRANT OF LIMITED LICENSE: iShack hereby grants you a non-exclusive, personal, limited and revocable license to install, access and use the Software on one device for personal use. You may not install or use the Software on more than one device at a time except as permitted by iShack.
CONTENT OF THE SOFTWARE: a) iShack reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Software and any information or content on the Software. b) iShack reserves the right to change or amend the products, services, prices and rates relative to the Software from time to time, without notice. c) iShack may use the services of third parties to provide information on the Software. iShack has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that iShack and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise. d) iShack makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Software, including without limitation:
LINKED THIRD PARTY WEBSITES, APLICATIONS AND THIRD PARTY CONTENT: iShack may provide links to third party websites and apps on the Software. These links are provided to the user for convenience purposes only and iShack does not endorse, nor does the inclusion of any link imply iShack’s endorsement of, such websites and/or applications, their owners, licensees or administrators or such websites’ content or security practices and operations.
While iShack tries to provide links only to reputable websites, applications or online partners, iShack cannot accept responsibility or liability for the information provided on other websites and/or applications. Linked websites, applications or pages are not under, nor subject to, the control of iShack. iShack is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites and/or applications on the Software.
You agree that iShack shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website, application or any link(s) contained in a linked website and/or application, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites and/or applications on the Software. Any dealings that you may have with any linked websites and/or applications, including advertisers, found on the Software, are solely between you and the third party website.
GENERAL RULES RELATING TO CONDUCT: The Software is made available for your own, personal use. The Software must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the Software, you must comply with all applicable South African laws.
You agree to use the Alert Message functionality of the Software only for actual emergencies and safe arrival notifications. By using the Software, you acknowledge that you assume sole responsibility for safe use of the Software and its services. You are authorised to use the Software only for the purposes set out in these Terms.
You are the author and owner of your own Instant Alerts and you assume full responsibility for the content thereof. You are advised to consider carefully the content of your Instant Alerts and the consequences thereof, including the actions that may be taken by the recipients of such Instant Alerts.
SECURITY: In order to ensure the security and reliable operation of the services to all iShack’s users, iShack hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
You may not utilise the Software in any manner which may compromise the security of iShack’s networks or tamper with the Software in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Software, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Software, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should iShack suffer any damage or loss, civil damages shall be claimed by iShack against the user.
Any user who commits any of the offences detailed in Chapter 13 of the ECTA (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by iShack and its members, affiliates, associates, agents and/or partners.
INTELLECTUAL PROPERTY RIGHTS’ OWNERSHIP: For the purpose of this clause, the following words shall have the following meanings ascribed to them: “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by iShack, now or in the future, including without limitation, iShack’s rights, title and interest in and to all technology, source code/s, trade secrets, know-how, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
All copyright and other intellectual property rights in all content, information, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information,music, sound, photographs, graphics and video messages, designs, agreements, and multimedia works, published on or via the Software (“proprietary material”), are the property of, or are licensed to, iShack and as such are protected from infringement by local and international legislation and treaties.
By submitting alerts, reviews, comments and/or any other content (other than your personal information) to iShack for posting on the Software, you automatically grant iShack and its members, associates and/or affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Software is granted to you.
Except with iShack’s express written permission, no proprietary material from this Software may be copied or retransmitted.
The copyright in all material contained on, in, or available through the Software including, the selection and arrangement thereof, and all source code software compilations and other material (“the Material“), except that which is created and owned by you, is owned by or licensed to iShack. All rights are reserved. You can view, print or download extracts of the material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminated in any form whatsoever or use the material without iShack’s express permission. Notwithstanding the ownership of your content referred to above, the user acknowledges that iShack is the owner of all material on the Software (except where a third party is indicated as the owner), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
iShack authorises you only to view, copy, temporarily download to a local drive and to print the content of this Software, or any part thereof, provided that such content is used for personal purposes, for information purposes and for non-commercial purposes.
The Material and the Software are protected by intellectual property law. You agree to your best efforts to protect and prevent the Software, the Material and the trade marks and all intellectual property rights from unauthorised disclosure or use. Any copying, reproduction, modification, creation of derivative works from or redistribution of the Software or the Materials or any portion thereof to any other location for further reproduction or redistribution is expressly prohibited. You agree not to reproduce, copy, duplicate any content or Materials from the Software and further agree to abide by any and all copyright and other notices displayed on the Software, from time to time.
RISK, LIMITATION OF LIABILITY AND INDEMNITY: Your use of this Software and the information contained on the Software is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation e-mail and other digital messages, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall iShack be liable for any loss, harm, or damage suffered by you as a result thereof. iShack reserves the right to request independent verification of any information transmitted via e-mail and you consent to such verification should iShack deem it necessary.
To the maximum extent permissible by law:
SERVICE SUSPENSION: iShack reserves the right to modify, suspend, cease or discontinue providing any service or services relating to the Software published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever for such modification, suspension, cessation or discontinuance, if it chooses to do so.
CONFIDENTIALITY: By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by iShack. You shall notify iShack should you discover any loss or unauthorised disclosure of the information.
Any information or material sent to iShack will be deemed not to be confidential, unless otherwise agreed in writing by the user and iShack.
BREACH OR CANCELLATION BY ISHACK: iShack is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Software and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to iShack’s right to claim damages, should any user:
Breach of these Terms entitles iShack to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to iShack on an attorney and own client scale.
COMPLAINCE WITH SECTION 43(1) OF ECTA: In compliance with section 43(1) of the ECTA, the following is noted:
a) Full name: iShack Digital Consultancy CC;
b) Registration number: 2005/030329/23;
c) Physical address: 3rd Floor Palm Grove, Houghton Estate Office Park, 2 Osborn Road, Houghton, 2192;
d) Telephone number: [011-463-3596]
e) Website address: [www.ishack.co.za]
f) E-mail address: [[email protected]]
g) Description of the services provided: [Smart emergency application, assisting the user in case of an emergency]
COMPLIANCE WITH LAWS: You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this Software.
These terms shall be governed by and interpreted, in all respects, in accordance with South African law and you agree to submit to the exclusive jurisdiction of the South African courts.
iShack does not guarantee continuous, uninterrupted or secure access to our servers, as operation of our Software may be interfered with as a result of a number of factors which are outside our control.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
These Terms set forth the entire understanding and agreement between iShack and you with respect to the subject matter hereof.
CONTACT US: You can contact iShack at the following details telephone number: 011 463 3596 email address: [email protected]
EFFECTIVE DATE, DATE LAST MODIFIED: 01 March 2015