1. Thank you for using SAMAC!
SAMAC products and services are provided by Wessel Hamman Ateljees (Pty) Ltd t/a BigDoor. These Terms and Conditions of Service govern your access to and use of the SAMAC Application site. Please read these terms carefully and contact us at support@bigdoor.co.za should you have any questions. By accessing or using our Products or Services, you agree to be bound by these Terms and Conditions. The Products and Services offered by SAMAC, include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices such as Apple’s iPad and iPhone, and devices running the Android operating system (each an “SAMAC Application”), our website located at www.bigdoor.co.za.
SPECIAL NOTE TO SAMAC APPLICATION USERS: Without limiting any other terms of these Terms of Service, by using SNS via the Services you understand and agree that SAMAC, as an agent on your behalf, will access and store your SNS account information and content so that they are available to you through your use of the SAMAC Application and you give SAMAC permission to do so. You agree that any content that you submit to an SNS while using the Products and Services may be stored by SAMAC at your direction, although SAMAC does not undertake any obligation to maintain such submissions.
Please read the following Terms and Conditions carefully. These Terms and Conditions govern your access to and use of the Services and SAMAC Content (defined below) and sets forth the legally binding terms for your use of the Services and SAMAC Content, whether or not you are an SAMAC App User or a visitor to the Site. An “SAMAC App User” is a person who has downloaded and installed a copy of the SAMAC Application.
2. Using SAMAC
You may use our Products and Services only if you can form a binding contract with SAMAC, and only in compliance with these Terms and Conditions and all applicable national laws. When you register to use the SAMAC Application, you must provide us with accurate and complete information. Some of our Products and Services may be software that is downloaded to your computer, phone, tablet or other electronic device. You agree that we may automatically upgrade those Products and Services, and these Terms and Conditions will apply to such upgrades.
3. Our license to you
Subject to your compliance with the Terms and Conditions, SAMAC grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the SAMAC Application onto any authorised device you own and control, and run such copy of the SAMAC Application solely for your personal, non-commercial use. Subject to these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Products and Services.
4. Content
Certain types of content are made available through the Site and Services. “SAMAC Content” means SAMAC proprietary content, including but not limited to, SAMAC trademarks and logos made available through the Site and Services, excluding Third Party Materials and User Content. “User Content” means the text, data, graphics, images, photos, video or audio-visual content, hypertext links and any other content that an SAMAC user uploads, posts, flips, compiles or provides to SAMAC via the Site and Services, as applicable. SAMAC claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
5. Third-Party Links, Sites and Services
Our products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SAMAC. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party website, service or content from SAMAC, you do so at your own risk and you agree that SAMAC will have no liability arising from your use of or access to any third-party website, service or content.
6. Termination
The license to the SAMAC Application granted under these Terms and Conditions remains in effect, unless earlier terminated by you or SAMAC in accordance with this provision. You may terminate the license at any time by destroying all copies of the SAMAC Application in your possession or control. Without limiting any other term of these Terms and Conditions, the license will automatically terminate without notice from SAMAC if you breach any terms of these Terms and Conditions. SAMAC may terminate or suspend this license at any time, with or without cause or notice to you. Upon any termination of these Terms and Conditions, you must cease all use of the SAMAC Application and promptly delete and destroy all copies, full or partial, of the SAMAC Application.
7. Proprietary Rights
The copy of the SAMAC Application is licensed, not sold, to you. You agree that SAMAC and its licensors own all rights, titles and interests in and to the SAMAC Application, including all intellectual property rights therein, and that SAMAC retains ownership of all copies of the SAMAC Application even after installation on your mobile device. Without limiting any other terms of these Terms and Conditions, you may stop using the Site and Services at any time. Any suspension, termination or cancellation will not affect your obligations to SAMAC under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive, termination or cancellation. All trademarks, service marks, logos, trade names and any other proprietary designations of SAMAC used herein are trademarks or registered trademarks of SAMAC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
8. Disclaimers
The Products and Services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
SAMAC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
SAMAC takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products and Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMAC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY, OR INDIRECTLY OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS AND SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, AND DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SAMAC AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED R500
10. Dispute Resolution
A dispute concerning these Terms and Conditions exists once a user notifies SAMAC in writing of the nature of the dispute and requires it to be resolved under this clause. The parties must refer any dispute to be resolved by:
Within ten Business Days of notification, the parties must seek an amicable resolution to the dispute by referring it to designated and authorised representatives of each of the parties to negotiate and resolve it by the parties signing an agreement resolving it within 15 Business Days.
If negotiation fails, the parties must refer the dispute for resolution by mediation under the rules of the Arbitration Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead) (“AFSA”).
If mediation fails, the parties must refer the dispute within 15 Business Days for resolution by arbitration (including any appeal against the arbitrator’s decision) by one arbitrator (appointed by agreement between the parties) as an expedited arbitration in Sandton under the then current rules for expedited arbitration of AFSA. If the parties cannot agree on any arbitrator within a period of ten Business Days after the referral, the arbitrator will be appointed by the Secretariat of AFSA.
The periods for negotiation or mediation may be shortened or lengthened by written agreement between the parties.
This clause will not preclude any party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process, for which purpose the parties irrevocably submit to the jurisdiction of the North Gauteng High Court of the Republic of South Africa.
This clause is a separate, divisible agreement from the rest of this Agreement and must remain in effect even if the Agreement terminates, is nullified, or cancelled for any reason or cause.
11. Jurisdiction
These Terms and Conditions will in all respects be governed by and construed under the laws of the Republic of South Africa. SAMAC and the user hereby consent and submit to the exclusive jurisdiction of the North Gauteng High Court of the Republic of South Africa in any dispute arising from or in connection with these Terms and Conditions, unless SAMAC and the user mutually consent to a Magistrate’s Court with the relevant jurisdiction over the dispute.
12. General Terms
Notification Procedures and changes to these Terms. SAMAC reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms and Conditions from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Products and Services after revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, please stop using the Products and Services.
13. Assignment (transfer of rights)
You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without SAMAC’s prior written consent. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, will be null and void and of no effect. SAMAC may freely assign these Terms and Conditions. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
14. Entire Agreement
No waiver. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and SAMAC’s failure to assert any right or provision under these Terms and Conditions, will not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire exclusive understanding and agreement between SAMAC and you regarding the Site, Services and SAMAC Content, and the terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between you and SAMAC regarding the Site, Services and SAMAC Content.