When you sign up for or otherwise use any service within MyMobileOffice.Online website (collectively, the “Site,” “we,” “our,” “us,” or other appropriate first-person terms), all of which services are hereinafter referred to collectively as the “Service,” you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between you, the website user (sometimes referred to herein as “User,” “you,” “your,” or other appropriate second-person terms), and the Site (such agreement is referred to herein as the “Agreement”).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR OTHERWISE USE THE SERVICE. BY USING THE SERVICE, YOU ARE DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME.
Right to Use. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
You have to be of legal age! You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”). The Site and Service are intended for persons of legal age only. By using the Site and Service you agree that you have reached the Age of Majority. We reserve the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of this section. We additionally reserve the right to terminate your account and report you to the proper authorities in the event that we suspect, in our sole and absolute discretion, that someone who is not the Age of Majority has used your account.
Code of Conduct. You agree to use the Service in accordance with the following Code of Conduct:
You are solely responsible for any information that you post, display or say through the Site and/or Service. You agree to keep all information contained on or provided through the Site and/or Service as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you;
In the event that You request, upload, stream and/or share any image(s) of any deemed undesirable, illegal, of a sexual, vulgar or cruel nature, we will not contact you. We will simply terminate your account and report you to all law enforcement we, in our sole and exclusive discretion, determine appropriate;
You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains may be libelous, slanderous, harassing, abusive or defamatory statements, or racist, obscene, offensive or another language which does not coincide with your local laws and community standards;
Users are allowed to freely interact with other users on the Site, or they may choose to block other users from communicating with them, and it is completely up to the user to choose who they talk to on the Site and they may ignore anyone and may ban anyone from communicating with them;
You will not post any message, picture or recording or use the Service in any way which:
violates, plagiarizes or infringes upon the rights of any third party, including, but not limited to, any copyright or trademark law, privacy or other personal or proprietary rights, or
is fraudulent or otherwise constitutes unlawful conduct in connection with your use of the Service or violates any law.
Your access to the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts to other users;
You will not use the Service to infringe on any privacy right, property right, or another civil right of any person; and
You will not forward any chain letters, spam, or any such message through the Service.
Content Posted on the Site. By agreeing to the Terms and Conditions of this Agreement, you represent and warrant that all images you upload to the Site do not in any way infringe on any third party’s intellectual property rights. Members and others are prohibited from uploading, sharing or in anyway sharing or describing to anyone on or through the Site/Service any images or matters which, in our sole opinion, might be illegal or offensive, including, but not limited to, any content involving defamatory material or otherwise obscene material or any conduct that violates the prohibitions set forth under the “Code of Conduct,” above, or any other provision of this Agreement. You may not use the Service or the Site to solicit any information that might be used for unlawful purposes or encourages unlawful activities.We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, the “Materials”) that you transmit, submit, display or publish (“post”) on, through or in connection with the Service.The Site reserves the right, in the Site’s sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all law enforcement that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Site as a result of content you have shared in, or as a result of you engaging in any prohibited activities, you agree to indemnify and hold the Site harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that the Site may incur as a consequence of your posting of such content or you engaging in such prohibited activities.
Use of Information on Service. You acknowledge and agree that:
We cannot ensure the security or privacy of information you provide through the Internet, or otherwise; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
We are not responsible for, and cannot control, the use of any information, by anyone, which you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
We cannot assume any responsibility for the content of any message sent by any user on the Service, and you release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users;
You acknowledge that you cannot bring legal action against the Site or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service;
You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
Your Representations and Warranties. By using the Service, you thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
You are not prohibited by law from using the Service and that you have the right, authority and capacity to enter into this Agreement and to abide by all of its Terms and Conditions as posted here and as amended from time to time.
The Site provides access to an online service comprising information and materials created and posted, uploaded, or streamed by you and other users.
Video and images on the Site that are available for viewing (collectively, the “Content”) are stored on or streamed through our servers at the direction of our users.
Any modification of the Content that is uploaded or streamed by our users, such as the addition of a watermark, is performed by an automated process. Accordingly, as the User is aware that such modifications shall take place automatically upon transmission, the User shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Content. The Site is not responsible for modifications that occur to Content as part of its automatic transmission process.
Any review of uploaded or streamed Content that may be performed by the Site before or after making such Content available to the public is cursory and only intended to identify immediately obvious violations of this Agreement. Accordingly, and despite any such gate keeping, the User uploading or streaming any Content shall be deemed the party at whose direction that Content is available to others through the use of the Service.
The Site has never directed, and never will direct, its users to upload or stream Content that infringes upon any right belonging to a third party. Uploading or streaming Content that infringes on third-party rights constitutes a direct and material violation of this Agreement and will subject the uploading or streaming User’s account to suspension and/or termination, where appropriate.
The Site correctly presumes that the User uploading or streaming any Content is the sole holder of all exclusive rights to that Content, except where the Content alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a person or entity other than the User as the exclusive rights holder.
Where Content has no obvious proprietary marking that indicates an exclusive owner, the Site cannot be deemed to have actual knowledge that such Content infringes upon any third party’s rights.
The Site has no right or ability to control the activities of Contributors who create, post, upload, or stream Content through the Site. In the event that a Contributor infringes upon a third party’s rights by creating, posting, uploading, or streaming Content, that Contributor is the sole responsible party for such infringement, and the Site has no control over such activity.
Apart from identifying an obvious proprietary marking in any Content that indicates an exclusive owner, the Site has no other ability to determine whether the rights appurtenant to a particular piece of Content may belong to a party other than the uploading or streaming Contributor. As the Site’s only other means of identifying Content that may infringe upon a third party’s rights, the Site relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
Notice of Intellectual Property Infringement. The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the DMCA. IT IS MYMOBILEOFFICEONLINE’S POLICY TO TERMINATE THE ACCOUNTS OF REPEAT COPYRIGHT INFRINGERS, WHEN APPROPRIATE. If you believe that your work has been copied through use of the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service’s Designated Copyright Agent with the following information:
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where on the Service the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to: My Mobile Office Online (Pty) Ltd PO Box 7021 Centurion 0046 Republic of South Africa Email: email@example.com
Virtual Money. The Service may, but is not obligated to, include a virtual, in-app currency (“Virtual Money”) including, but not limited to coins, cash, tokens, credits or points, that may be purchased from us for “real-world” money if you are a legal adult in your country of residence. Other than a limited, personal, revocable, non-transferable, non-sub-licensable license to use the Virtual Money in the Service, you have no right or title in or to any such Virtual Money appearing or originating in the Service, or any other attributes associated with the use of the Service or stored within the Service. We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Money as we see fit in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Transfers of Virtual Money are strictly prohibited except where explicitly authorized within the Service. Except as expressly provided otherwise herein, you may not sell any Virtual Money for “real-world” money or otherwise exchange such items for a value. Any attempt to do so is in violation of this Agreement and may result in a lifetime ban from the Site and possible legal action. All Virtual Money that has not been purchased directly by yourself (e.g., referral commissions, etc.) is forfeited if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue providing the Service.
Pics and Video Purchases. The Site may, but is not obligated to, permit users to post Materials (“Paid Content”) that may only be accessed after payment of a specified amount of Virtual Money. If you post any Paid Content, you represent and warrant that
the Paid Content you post will comply in all respects with the terms of this Agreement; and
you have all rights and permissions necessary to post such Paid Content and to permit users to access the same in exchange for payment.
We shall have the absolute right to remove any Paid Content, in whole or in part, for any or no reason at all. In the event that Paid Content you post results in chargebacks or refund requests from users who have purchased such Paid Content, we reserve the right to assess a chargeback fee to your account and/or suspend your ability to post Paid Content. By purchasing or accessing any Paid Content, you thereby demonstrate your express acknowledgment and agreement that
The Site is not the source of such Paid Content;
the user posting such Paid Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to such Paid Content;
your purchase and/or use of any Paid Content is solely at your own risk;
The Site has no responsibility for viewing or screening any Paid Content; and
you forever release the Site, and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, from any and all claims and liabilities associated with, arising from, or in any way relating to such Paid Content.
Monitoring of Information. We reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be in anyway transmitted by any and all users. As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you in anyway transmit through the Service.
Termination of Access to the Service. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement, or for no reason at all. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
Proprietary Information. The Service contains information that is proprietary to us and/or users of the Service. We assert full copyright protection in the Service, including all of the design and code embodied therein. Any information shared or posted by us or users of the Service may be protected whether it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
No responsibility. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous twelve (12) months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.
Security. Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your login and password, including but not limited to use of your login and password by any third party. When accessing and using our Service, you must not attempt to undermine the security or integrity of our computing systems or networks or, our third party hosts, that third party's computing systems and networks. Furthermore not use, or misuse the Service in any way which may impair the functionality of our Service, or impair the ability of any other user to use our Service. You do not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Service is hosted. You must not transmit, or input into our Service, any files that may damage any other person's computing devices or software, content that may be offensive, or material or User Details or Company Data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use). Finally not merge or combine the whole or any part of our Service with any other software or documentation without the prior written consent of MyMobileOfficeOnline (Pty) Ltd.
Other Links. The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for and have no liability as a result of, the availability of External Links or their contents.
No Warranties. The Service is distributed on an “as is” and “as available” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
Modifications. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement.
Maintenance and Repair. Our Service may temporarily be suspended in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the Internet services. Where the circumstances permit, We shall use its best endeavours to provide prior notice of any such suspension. The User shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension which is beyond Our control.
Complaints. To resolve or report a complaint regarding the Service or members who use the Service users should make use of the Log-a-bug service available from any of the dashboards found in the toolbox. If the Service is down or you are unable to access your account you can send an email detailing such complaint to support@MyMobileOffice.Online. In appropriate circumstances, we will take immediate action in order to help solve the problem.
Registration. You may become a member of the Service by completing an online registration form, which must be accepted by the Site. Upon submission of the online registration form, the Site or its authorized agent will process the application. In connection with completing the online registration form, you agree to:
provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”); and
maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member.
You must promptly inform the Site of all changes to the Registration Data, including, but not limited to, changes in your address and changes in the credit card information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Site or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse your current or future use of the Service and Site, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonoured checks and any related fees that we incur with respect to your account.
Member Account and Password. As part of the registration process, you will be issued a unique user name and password, which you must provide in order to gain access to the non-public portions of the Service. We reserve the right to cancel, at any time, the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the user name and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name or password and that you will not provide access to the Service to anyone who is below the Age of Majority or otherwise does not wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We are unable to release your password as it is encrypted, unreadable and also for security reasons. You agree to (a) immediately notify the Site of any unauthorised use of your user name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that you are solely liable and responsible for any unauthorised use of the Service using your account until you notify the Site by email regarding that unauthorised use. Unauthorised access to the Service is illegal and a breach of this Agreement. You agree to indemnify the Site with respect to all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.
Promotion of the Site and Service. Registered members of the Service may be eligible to participate in our affiliate advertising program and potentially earn commissions based on the number and quality of registered user referred to the Site.
License to Promotional Items. All registered members who are currently in compliance with the terms of this Agreement are hereby granted a revocable, non-exclusive, non-transferable license to utilize the Site’s name, access and download promotional banners, videos, photographs, other promotional materials, and/or promotional materials created by you, provided that such materials are approved by the Site in writing (the “Promotional Items”), for use on site(s) owned by such registered members (“Referral Sites”). The Promotional Items are licensed to eligible registered members for the limited purposes of advertising, marketing and promoting the Site and Service. Any and all licenses granted to registered members pursuant to this Agreement shall immediately cease and revert to us upon the termination or cancellation of this Agreement. You agree not to share any of the Promotional Items with anyone in any way, which is not in accordance with the terms of this Agreement and applicable law. You hereby acknowledge and agree that all rights to the Promotional Items belong solely to the Site and/or the Site’s licensor(s). You further acknowledge and agree that any Promotional Item(s) created by you and approved by the Site are a specially ordered and commissioned “work made for hire”.
Keywords; Domain Names. Notwithstanding the foregoing license to use the names of our Site in connection with referring traffic to the Service, you are not, as a part of this license, permitted to
bid on, purchase or otherwise register/use “MyMobileOfficeOnline (Pty) Ltd” or any other similar spelling, or use same in connection with the words “Official,” “Officially” or “Official Site,” as keywords or advertising words on any internet search engines, including, without limitation, google.com, bing.com, ask.com, yahoo.com, etc.; use the Site Names in association with any similar or competing website or service; or
register any domain name which incorporates or is a “misspelling” of “MyMobieOfficeOnline.” You agree that in the event you violate any part of this section of this Agreement, your account will be immediately terminated, any monies earned but not yet paid will be forfeited, and that you will cooperate fully in transferring any items forbidden by this section to the Site as the rightful owner. Subject to the foregoing limitations and pursuant to the license granted herein, eligible registered members will be permitted to use any website domain name they choose in connection with promoting the Site and Service, so long as such website domain name(s) registered do not infringe on our or any third party's intellectual property rights, defame, insult or otherwise harass anyone, and do not promote or suggest any illegal activity.
Restrictions. You are prohibited from using any images, text, script(s), applications, logos and functional elements appearing on a Referral Sites, to which you do not have all legal rights, free from any and all encumbrances and third party claims. Further, you represent and warrant that you will only advertise on services and providers, which permit advertising of services such as the Site. You understand and agree that if you advertise on any service or provider, which does not permit such advertising, your account will be terminated without notice and without pay. Furthermore, you acknowledge and agree that we may, at any time, review the contents of any Referral Site and disapprove of any material thereon that might, in our sole discretion, reflect negatively upon the Site or the Service. Upon request from us, such material must be immediately removed in order for you to remain eligible to receive commissions hereunder.
No Email Marketing. We do not permit promotion of the Site by email marketing. You acknowledge and agree that any email marketing by you will be grounds for immediate termination of your account without pay.
Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Jurisdiction. Our Service is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use of the Website, its content, services, software and this Agreement.
Arbitration. All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the South African Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement or any part of this Agreement is invalid, illegal or otherwise voidable or void.The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Notwithstanding any provision of this Agreement relating to under which country’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Republic of South African common law of arbitration.Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and the Site hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.Arbitration takes place in Gauteng, Republic of South Africa, exclusively.You and the Site hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.The obligation to arbitrate is not binding upon the Site with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
Cancellation By User. You may cancel your membership at any time by visiting our cancellation page. You hereby agree to be personally liable for any and all charges incurred by your user name and password until you terminate your membership as provided herein. In the event that you cancel your account, refunds may be granted for Virtual Money that was directly purchased by you; no funds will be credited to you or can be converted to cash or another form of reimbursement unless those funds were paid by you in purchasing Virtual Money. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service.If you require further access to your Company Data, you will be subject to be charged for providing you with access to your Company Data; and if your account remains in arrears for 90 (ninety) days, we may delete your Company Data without notice.On termination this Agreement we may irretrievably delete your Company Data from the effective date of termination. On termination, your data will be extracted and archived for a period of (3) three months. All database records will extracted and stored together with all company documentation on an encrypted external data storage.This complete set of archive material will be made available to you on a storage device provided by us if you pay the export fee as specified on your website and you pay for the costs and delivery the storage device to an address specified by you. You accept all responsibility and authorize the transmission of data to such device. All data will be saved on an encrypted device and you will be notified via email on the steps to be followed to extract such data.Once all data has been transferred We will not be responsible nor be held liable for whatsoever once the device leaves our office.
Reactivation Period. Any client has the right to reactivated their account within (3) three months of termination if all arrear payments are settled in full and a restoration fee paid to restore company data, as publish on our Website. Once reactivation has been performed it is your responsibility to check and ensure all Company Data is correct.
Termination By the Site. Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if:
the Site believes that you have breached any of these Terms and Conditions;
we are unable to verify or authenticate any information you provide to us;
we believe that your actions may cause legal liability for you, our users or us; or
the Site decides to cease operations or to otherwise discontinue any of the Site or parts thereof. Further, you agree that neither the Site nor any third party acting on our behalf, shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by the Site, you will not attempt to re-register as a member without prior written consent from the Site.
After Termination or Cancellation. You accept that when you cancel your membership with the Service you will be automatically deleted from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your account, any mail and all other membership materials will be immediately deleted from the Site and Service and that such information will be irretrievable.
Indemnification. You agree to defend, indemnify, defend, and hold the Site and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
any breach by you of this Agreement;
your use (or misuse) of the Service, Site and/or Promotional Materials;
all conduct and activities occurring using your account and/or Referral Sites, if any;
any item or service sold or advertised in connection with your Referral Sites, if any;
any defamatory, libelous or illegal material(s) contained within your Content or your information and data;
any claim or contention that any of your Referral Sites, if any, contain information, data or other materials which infringes on any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity;
third-party access or use of any Promotional Materials provided to you;
any claim related to your website(s);
any costs incurred on your behalf as a result of your failure to comply with local or International Law; and/or
any violation of this Agreement.
We reserve the right, at our own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by this Agreement to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of the Site. You understand that we will take any and all measures to protect ourselves from any legal or civil litigation including, but not limited to canceling your account, in our sole discretion. You also understand that we will charge, on an hourly basis, for any and all time spent responding to any third-party complaints, disputes, copyright claims or actions involving you or your Referral Sites.
Disclosures required by Section 43 of the ECT Act. Access to the services, content, software and content downloads available from the Website is classified as "electronic transactions" in terms of the ECT Act and therefore you have the rights detailed in Chapter 7 of the ECT Act and we have the duty to disclose the following information:
Full name and legal status of website owner: Binary Systems and Solutions cc, a shareholder of MyMobleOffice (Pty) Ltd. Street Address: 61 Jasper Ave, Lyttleton Ext 11, Centurion, 0157, South Africa. Postal address: PO Box 7021, Centurion, 0046, South Africa. Physical address for the receipt of legal notices: 373 Theuns van Niekerk, Wierdapark, Centurion, 0157, South Africa. Official email address of the Website: firstname.lastname@example.org. Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 may be viewed at: http://MyMobileOffice.Online/documentation/paia.pdf The costs associated with the access and use of MyMobileOfficeOnline is available from the Website.
Cooling off period. Under section 42(1)(g) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply to an electronic transaction where audio or video recordings or computer software were unsealed by the consumer. Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of services, which began with the consumer's consent before the end of the seven-day period referred to in section 44(1). Under section 42(1)(f) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply where the goods are made to the consumer's specifications, are clearly personalised and by reason of their nature cannot be returned or are likely to deteriorate or expire rapidly.
Hosted Websites and Emails
Disclaimer for liability
The client shall have no claim against My Mobile Office Online and the client hereby indemnifies and holds My Mobile Office Online free from liability in respect of any loss or damage: caused by or arising from any fact or circumstances beyond the reasonable control of My Mobile Office Online or if such loss or damage is consequential or incidental loss or damage or any downtime, outage, interruption in or unavailability of the server or the My Mobile Office Online network as a result of or attributable to any of the following causes:
software service, repairs, maintenance, upgrades, modification, alterations or replacement;
system downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the My Mobile Office Online network is connected;
any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the client's website in terms of this agreement;
any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client's information, data or content;
the damage, contamination or corruption of any kind of the server or any of the client's data, material, information and/or content howsoever occasioned;
the service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware forming part of the server or any faults or defects of whatever nature in the hardware;
any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
any inaccuracies in the impression statistics given to the client or in the page counter on the client's website;
without limiting the foregoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising if My Mobile Office Online has substantially performed its obligations under this agreement.
My Mobile Office Online reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the My Mobile Office Online network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the My Mobile Office Online network. Although My Mobile Office Online shall use reasonable endeavors to provide disaster recovery, My Mobile Office Online does not specify any recovery time, nor shall My Mobile Office Online be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of My Mobile Office Online failure to provide, or delay in providing, or providing only partial, disaster recovery.The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by the client will be successful or in any way will avoid disaster.
The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by the client will be successful or in any way will avoid disaster.
The responsibility for maintaining the confidentiality of passwords and accounts are your sole responsibility and all activities that occur thereunder. In particular, You agree to:
Immediately notify My Mobile Office Online of any unauthorized use or suspected use of your password or account or any other breach of security, and
ensure that you exit from your email or website account at the end of each session by signing out.
My Mobile Office Online will not be liable for any loss or damage arising from your failure to comply with the above provisions. You agree that you are responsible and will be held liable for any unlawful or harmful email communication. You agree not to use the Service:
To upload, transmit or otherwise distribute any content that is unlawful, seditious, fraudulent, threatening, abusive, defamatory, libellous, obscene, harassing, invasive of another’s privacy, hateful, religiously or otherwise objectionable;
To upload, transmit or otherwise distribute any content that you do not have a right to transmit under any law or as part of Your contractual or fiduciary relationships including without limitation third party confidential information;
To upload, transmit or otherwise distribute any content that infringes any patent, trade secret, copyright, designs, trademark, geographical information, moral rights or any other Intellectual Property Rights of any third party including without limitation as part of any unauthorized peer-to-peer file sharing network;
To upload, transmit or otherwise distribute or introduce any computer contaminants including without limitation computer viruses or any other computer code, files or programs designed to modify, destroy, record, transmit data residing on a computer, computer system or computer network or interrupt, destroy or limit the functionality of any computer, computer system or computer network;
o access or secure access without permission, disrupt or cause disruption, damage or cause damage to any computer, computer system or computer network;
To interfere with or disrupt the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
To damage, disable, overburden or impair any aspect of Our Service or interfere with any third party’s use and enjoyment of the Service;
To intentionally or unintentionally violate any applicable law, rules or regulations or abet, promote or encourage any act that violates any applicable law, rules or regulations.
My Mobile Office Online shall invoice the client at the end of every month in respect of the monthly fees and any other fees payable in terms of this agreement and the total invoice shall be payable by the client to My Mobile Office Online within fourteen days of the date of invoice. In those cases where the relevant application form indicates otherwise payment shall be made in terms of the application form.
No set-up fees paid by the client to My Mobile Office Online in terms of this agreement shall be refundable.
During the first month of the agreement, the client shall be charged on a pro-rata basis for services provided during that month.
My Mobile Office Online shall be entitled to increase any charges payable by the client on thirty days notice, which may include e-mail notification.
The client shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension or interruption of or delay in service, or wherein any month the client has utilised less than any minimum bandwidth specified.
The provision and costs of development, including HTML coding, design and maintenance are not included in the prices set out in this agreement unless otherwise specified.
Should the client fail to pay any amount owing to My Mobile Office Online on due date, My Mobile Office Online shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client.
Commencement, duration and termination
This agreement shall commence upon acceptance of the application by My Mobile Office Online. The agreement is effective for one year, save as expressly indicated to be the contrary in any specific product application form.
Cession, delegation or assignment
The client shall not cede, assign or delegate or in manner whatever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior written consent of My Mobile Office Online.
In the event of any change in controlling interest in the client, My Mobile Office Online shall be entitled to terminate this agreement on notice to the client. The client shall notify My Mobile Office Online of any change in its controlling interest within fourteen days of such change.
My Mobile Office Online shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of My Mobile Office Online or, subject to the consent of the client (which consent shall not be unreasonably withheld), to any third party.
Monitoring and termination rights
The client acknowledges that My Mobile Office Online has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the client’s content as hosted by My Mobile Office Online and published by the client on the client’s web and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on My Mobile Office Online, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of My Mobile Office Online, its affiliates, and its business partners.
Accordingly, the client agrees, if My Mobile Office Online in the exercise of its sole discretion is of the opinion that the client’s content is offensive, unlawful, or harmful, as set out above, that My Mobile Office Online without derogating from any of its other rights in terms of this agreement, may:
request the client forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
request the client forthwith to amend or modify the content; or
without notice delete the client’s website from the server; or
without notice terminate access to the client’s website; or
without notice remove the client from the business listing
The client agrees that nothing that My Mobile Office Online does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by My Mobile Office Online for the content of the client’s website and the publication thereof, whether or not My Mobile Office Online had knowledge of such content and the client hereby indemnifies My Mobile Office Online and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the client’s content as well as any other data on the client’s website.
My Mobile Office Online shall use its best endeavours to notify the client of any action taken in terms of the clauses above but does not warrant that notice shall be given to the client prior to such action being taken.
Spam / Ham
SPAMMING / HAMMING in any form is strictly prohibited. Use of our Service in any manner for the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail is strictly prohibited. We may suspend or terminate any service and refuse any future use of our service in the event of any breach of this provision.
Maintenance and repair
My Mobile Office Online may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the Internet services. Where the circumstances permit, My Mobile Office Online shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension which is beyond My Mobile Office Online control.
This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties;
No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this agreement;
No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.