TERMS & CONDITION
User: A legal person (such as an individual, Company, CC, Trust etc) that has the intention to use the App
The Company: Will in all cases, unless otherwise stated, refer to Sencam Solutions (Pty) Ltd, a private company registered in South Africa that developed and operates the Sencam Sensor App
Sencam Sensor App: The application that runs on a Users’ phone through which the User can receive alerts when sensors are triggered (based on pre-set levels and as agreed upon in the contract between The Company and the User) and through which sensor alerts and notifications can be switched on or off. Hereafter simply referred to as “The App”
Notice board: A browser based application that displays the devices registered by the User, as well as sensor status, sensor data and graphs
Register/registration: All Users needs to register on The App before they will be able to use it. A username and password will be generated per user to ensure that only authorised users can access and operate The App
Username: The name the User will use to identify the User on The App
Password: A unique string (list of characters) that is unique for The User username and that only The User know. It is important to keep this information safe to prevent unauthorised access to and usage of The App
Force majeure events: Means an event, or a series of related events, that is outside of the reasonable control of the party/parties affected (including, but not limited to failures of the internet or any public telecommunications network, databases, third party software, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars)
Intellectual Property Rights: Means all intellectual property rights wherever in the world, whether registrable or un-registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing of rights, unfair competition rights, patents, petty patents, patents pending, utility models and rights in designs)
Service: The delivery of the sensor data and generation of alerts
Contract period: The amount of time the Agreement between the varies parties stays in force
The purpose of The App is to enable Users to take control of sensor alerts, notifications and feeds. A user can decide to set alerts to either On or Off, per individual sensor or per group of sensors.
When selected to On, alerts will be sent as a data message (only) to Android devices (only) that will notify the User that a sensor has been triggered (for instance movement was detected, or there was a change in the state of the sensor, for instance a door opened or closed).
Breach of limits will also generate alerts (if the sensor feed is set to “On”. An “OFF” setting will not generate alerts) based on pre-set limits. Typical case uses would be if the fuel level drops below a certain minimum, or the weight of a gas bottle reaches a certain minimum, or if the flow of water exceeds a certain rate over time.
Commencement, Duration, Termination and Cooling-off:
The agreement starts as soon as the contractual agreement with The Company is signed. This entitles the User to register on The App and use it and the notice board.
A minimum contract period of 3 months will apply from the date of signing the contract with The Company. After the minimum 3 month contract period has expired, a Seller may cancel the agreement. Notice needs to be given via email (notice to be sent to firstname.lastname@example.org) and needs to be given one month in advance.
Payment and prices:
Payment will be via debit order only and fees will be billed monthly in advance. The User will provide the correct bank account against which the debit order will go off. The User hereby acknowledges that they have the legal right and control over said bank account to affect payment.
Should the debit order be dishonoured The Company reserves the right to cancel the agreement with the User and immediately withdraw all services to the User. The Company further reserves the right to take legal action against the User for all outstanding monies owed as per the contractual agreement between The Company and the User. The User further agrees to pay for all legal fees (both the Users legal fees and The Companies legal fees) incurred in relation to recovery of outstanding monies owed to The Company.
The Company reserves the right to change the prices of the Service from time to time at its discretion.
The Company reserves the right to vary any quoted price by adding thereto increased costs which need to be levied due to circumstances beyond The Company’s control.
The User will be liable to pay The Company interest should any sum be paid late.
Such interest shall be levied at the prime lending rate charged from time to time by Standard bank plus 2% (two percent) and will be charged from the date payment was due till payment was made.
The User shall not be entitled, for any cause whatsoever, to withhold, deduct from or defer any amount due by it to The Company.
Users that sign up and download The App do so according to the terms and conditions as stipulated in this document.
Users will generate a Username and password, and will undertake not to disclose the username and password to any other person for any reason whatsoever and that The User will maintain the confidentiality thereof
Users may use this app only as stipulated in the Introduction section of this agreement
Users may not, under any circumstances, on-sell this app to any third parties.
The Company reserves the right to terminate this agreement with any Users that abuse this App, or Users that use it with malicious intent, or for whatever reason otherwise not mentioned in the Terms and Conditions.
Users will not attempt to circumvent The Companies user authentication processes or engage in attempts to access The Companies network where not expressly authorised to do so.
Delivery and service:
The Company undertakes to take all necessary reasonable steps to ensure the provision of the Service to the User expeditiously and continuously.
However, The Company points out that due to the nature of the Service, interruptions and delays in the provision thereof can and do occur and any such delay or failure to provide the Service will not constitute a breach of these terms and conditions on the part of The Company. The User will be liable to effect payment for Services rendered regardless of interruptions or delays.
The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of The App and all charges related thereto.
The Company will use its best endeavours to notify The User in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this. We are committed to provide The User with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available.
The Company can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to The User.
The User acknowledges that should it, for any reason whatsoever, have been the cause, either directly or indirectly, of a breach of the laws and regulations pertaining to the utilisation by the User of the Service, The Company shall have the right to recover whatever damages it may suffer directly from the User.
Ownership and risk:
The User acknowledges that ownership in and to all of the intellectual property which is provided to the User in providing the Service is owned by The Company.
The Company is entitled to take all reasonable steps to protect such intellectual property against infringement even if this involves jeopardising the provision of the Service to the User.
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Notwithstanding that The Company is providing the Service to the User, the latter shall not be entitled to transfer or otherwise deal in the Service with third parties.
The User shall not attempt to copy, replicate or otherwise take advantage of the Service to the benefit of The User or third parties.
The Company receives and/or collects information when we operate and provide our Services, including when The User install, accesses, or use our Service. Information is received either by being provided by the user, collected automatically or via third parties.
Information provided by the User:
The User Account Information (for example Name, Surname, Address, Telephone/Cellphone number, Email address etc)
User Support. The User may provide us with information related to The User’s use of our Services, such as User support. For example, The User may send us an email with information relating to our app performance or other issues.
Automatically Collected Information:
Usage and Log Information. We collect service-related, diagnostic, and performance information such as performance logs and reports.
Device and Connection Information. We collect device-specific information when The User install, access, or use our Services such as IP addresses, mobile network information including phone number, and device identifiers etc.
Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems These providers may provide us information about The User in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
Data provided by users, collected automatically and obtained via third parties are all stored on our database. This is needed for reasons as explained in the privacy section above. Data will be stored for a minimum period of 2 months unless otherwise specifically agreed to by both parties on a case by case basis.
The Company does not warrant that the Service will provide the User with the exact form of performance the User may have required.
The User acknowledges again due to the nature of the Service that the capacities and scope of the Service might fall short of the User’s requirements but same shall not give rise to the User having any right to withhold payment.
Limitation of liability
Save to the extent otherwise provided for in the Agreement or where The User are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, The Company does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any service provided to the User.
The Company shall not be liable to and The User will have no claim of whatsoever nature against The Company as the result of, but not limited to the following:
any unavailability of, or interruption in the service due to a Force majeure event
any damage, loss, cost or claim which The User may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in this agreement.
the loss of or access to any usernames and passwords which The User are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that The User are the person so using or gaining access to any service or account where The User username, and password is used, or as a result of any unauthorized third party accessing or using the Service howsoever, whether fraudulently or as a result of The User negligence, including without limitation The User failure to have reasonable security measures and/or strong passwords in place
In addition to and without prejudice to any other limitations of liability provided for in this Agreement and to the fullest extent permitted by applicable law, The Company shall not be liable to The User for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that The Company is liable to The User for any damages, The Company’s liability to The User for any damages howsoever arising shall be limited to the amounts paid by The User under the Agreement in consideration for the Service during the immediately preceding 4 (four) month period in respect of the service which gave rise to the liability in question.
The parties acknowledge that during the provision of the Service, confidential information may be exchanged between them and each of them acknowledge the existence of such confidential information and undertake to keep same confidential.
If the User breaches any provision of this Agreement, The Company shall be entitled to terminate the Agreement and to suspend the provision of the Service with immediate effect.
This Agreement and all transactions between the User and The Company shall be governed by and construed in accordance with the laws and regulations of the Republic of South Africa.
The South African Courts will have exclusive jurisdiction to adjudicate any dispute arising from or related to this Agreement.
The Company shall, at its option, be entitled to institute action in the Magistrate’s Court notwithstanding that the amount of its claim exceeds the jurisdiction of such Court. This provision shall not preclude The Company from instituting action against the User in any other competent Court with jurisdiction.
A certificate issued by any manager or director of The Company, whose authority, appointment and signature it shall not be necessary to prove, that purports to certify any indebtedness of the User to The Company, provision of the Services to the User, or any other fact shall constitute prima facie proof of such indebtedness or delivery or The Company’s ownership or any other fact.
The User shall be liable for The Company’s legal fees in the event of The Company enforcing or defending its rights hereunder on an attorney and own client scale, including Counsel’s fees on brief, tracing agent’s fees and collection charges.
The Service may be accessed in South Africa only
The Company will not be liable to The User for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if The Company have been advised of the possibility of such damages. The Companies liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the amount The User have paid The Company for the last 4 months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.
The User chooses its physical address as set out in the account information supplied during the online registration process on the website as its domicilium citandi et executandi for all purposes under this Agreement. The User may change its domicilium by furnishing The Company with 7 (seven) days written notice of its new physical address.
This Agreement constitutes the entire agreement between the parties. No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is contained herein
No relaxation or indulgence shall prejudice or be deemed to be a waiver of any of The Company’s rights hereunder
Each provision of this Agreement is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect
Provisions in this Agreement that by their very nature are intended to survive the termination, cancellation or completion of a sale shall survive such termination, cancellation or completion
Changes to this agreement
The Company shall have the right at any time to change or modify the terms and conditions of this agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting notifications on The App, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of The App by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions.
The Company will use reasonable endeavours to make its services and products available to its Users, and to maintain the availability thereof for use by its Users. However, we provide the services “as is” and “as available” and we do not make any express or implied representations or warrant or guarantee the quality or security of the services or that the services will at all times be operational, free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to The User delivery timeline requirements or be free from computer viruses or other harmful code
The Company is not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. The User release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim The User have or may have or think The User may have against any third parties.
The Company is not legally responsible, in any way, for damages The User may experience from using The App or the Noticeboard. This includes, but is not limited to, any direct, indirect, special or consequential loss suffered by The User or any third party that may arise, directly or indirectly, to the use of, or reliance upon, any content displayed on the website.
This agreement is governed by South African legislation and it is subject to the jurisdiction of South African courts. Foreign legislation is applicable where expressly indicated.
The User agree to defend, indemnify, and hold harmless The Company and all its related parties from and against all liabilities, damages, losses, and expenses of any kind (including legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(a) The User access to or use of our products and services, including information provided in connection therewith;
(b) The User’s breach or alleged breach of our Terms; or
(c) any misrepresentation made by The User. The User will cooperate as fully as required by us in the defence or settlement of any Claim.