SPAR Mobile App Terms & Conditions
In terms of the Electronic Communications and Transaction Act No. 25 of 2002, last revised 09 November 2005
Introduction
Welcome and thank you for using the mobile application of The SPAR Group Limited, a company duly incorporated in terms of the laws of the Republic of South Africa, with registration number 1966/009342/06, situated at 22 Chancery Lane, Pinetown, 3610, Kwa-Zulu Natal (“SPAR” or “the Company”). By downloading, installing or using the SPAR mobile application (“App”), you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the App. The Company reserves the right to change or update these terms at any time. Your continued use of the App after any changes constitutes your acceptance of the new terms.
Comments
Any communication or material you transmit to the Company through the App by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. The Company is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Company for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
Intellectual Property
All content included in the App, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by South African and international copyright laws.
You may print or download extracts from the App for your own personal and non-commercial use only. You must not reproduce any part of the App or its content for commercial purposes without obtaining a licence to do so from the Company or its licensors.
The trademarks, logos, and service marks (“Marks”) displayed in the App are registered and unregistered Marks of the Company and others. Nothing contained on the App should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Mark displayed on the App without the written permission of the Company or such third party that may own the Marks displayed on the App. Your misuse of the Marks displayed on the App, or any other content on the App, is strictly prohibited.
Advertising and Links
The App may contain links to third party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. The Company does not warrant the offerings of any of these entities or individuals or their websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
Exclusion of Liability and Indemnity
The App and its content are provided “as is” without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App or the server that makes it available are free of viruses or other harmful components.
The Company will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use the App; or use of or reliance on any content displayed in the App.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the App, your use of the App, your connection to the App, your violation of these terms and conditions, or your violation of any rights of another.
General Terms
If any provision of these terms and conditions is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule, such invalidity, illegality or unenforceability shall not affect any other provision, and these terms and conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
These terms and conditions, together with any notices or policies on the App, constitute the entire agreement between you and the Company with respect to your use of the App and supersede all prior agreements, representations, and understandings of the parties with respect to the subject matter.
The failure of the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If the Company does not act in relation to a breach by you or others, the Company does not waive its right to act with respect to subsequent or similar breaches.
You consent to the non-exclusive jurisdiction of the Magistrate’s Court in any dispute arising from these terms and conditions, notwithstanding that the amount in dispute may exceed the jurisdiction of the Magistrate’s Court.
These terms and conditions are governed by the laws of the Republic of South Africa and any disputes will be subject to the exclusive jurisdiction of the South African courts.