Thank you for your interest in Imfuna and its various applications and web services. By accessing any of our current or future websites or mobile applications ("App") you are agreeing to the terms of service outlined in this document as well as future terms presented. We both may also, from time to time, enter into separate arrangements for particular products or services or certain other arrangements, including without limitation in relation to pricing ("Separate Agreement"). These Terms of Service, together with any Separate Agreements we enter into, govern your access to and use of any current or future Imfuna mobile applications any information, text, graphics, or other materials created and/or provided by Imfuna and appearing on any of the Apps, Files and any services and/or software provided through the App or by Imfuna. These Terms of Service limit Imfuna's liability and obligations to you, grant Imfuna certain rights and allow Imfuna to change, suspend or terminate your access to and use of the App, Content, Files and Services. In the event of any conflict or inconsistency between these Terms of Service and any Separate Agreement, the Separate Agreement shall prevail.
Your access to and use of the App, Content, Files and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the App, Content, Files and/or Services you agree to be bound by these Terms of Service. You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.
The Imfuna service consists of products, computer programs, services and web sites hosted or made available by Imfuna, which you may use for capturing, organizing, searching, storing, synchronizing, recognizing, reporting, analysing, sharing and transmitting any number of notes, photos, or scanned items collected in any digital manner now known or hereafter developed (collectively, the "Service").
Subject to the terms and conditions within these Terms of Service, Imfuna grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age and otherwise have legal capacity to enter into a binding contract and (ii) you are not barred from receiving the Service under the laws of South Africa, and the place where you are ordinarily resident. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information.
You may also be provided with an account, username, password and/or an email address to access or use the Service, or to enable another to access, use and modify your reports (the "Inspection Information"). You are responsible for maintaining the confidentiality of your Inspection Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Inspection Information. You agree to notify Imfuna as soon as reasonably possible of any unauthorized use of your Inspection Information, account or any other breach of security.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
You acknowledge and agree that all information, data, text, images, software, sounds, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service ("Content"), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service, without obligation to any person.
You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is created, transmitted, stored or displayed by anyone using your Inspection Information with the Service and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any Separate Agreements you have with Imfuna, and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to Imfuna that you have the unfettered legal rights and authority to permit you to submit your Content to Imfuna in connection with your use of the Service, and such submission and the grant to Imfuna of the rights you grant herein in connection with Imfuna's offering and operation of the Service does not infringe the rights of any person or third party.
By submitting to Imfuna any ideas, suggestions, documents and/or proposals through the "Contact Us" or "Feedback" interface or otherwise (collectively, "Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Imfuna is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Imfuna shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Imfuna may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Imfuna without any obligation of Imfuna to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from Imfuna under any circumstances.
You further agree to NOT:
(a) use our products or the Service for illegal purposes or for promotion of dangerous or inappropriate activities;
(b) impersonate any person or entity, including, but not limited to, an Imfuna staff member, or falsely state or otherwise misrepresent your affiliation with Imfuna or any other person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
(g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
(i) violate any applicable local, state, national or international law, including, but not limited to any rules of any national or other securities exchange, and any regulations having the force of law;
(j) collect or store personal data about other users for commercial purposes;
(k) allow usage by others in such a way as to violate these Terms of Service;
(l) engage in commercial activities within the Service or on behalf of Imfuna without prior approval, including but not limited to the following activities:
(i) displaying a banner that is designed to profit you or any other business or organization; or
(ii) displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites;
(m) employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes, customisations or overrides that effectively block or substantially impair the display of advertisements within the Service;
(n) exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another persons entries or other content when you have not been granted the right to do so;
(o) access (or attempt to access) any of the Service by any means other than through the interface that is provided by Imfuna (unless you have been specifically allowed to do so in a Separate Agreement), or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or;
(p) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (unless you have been specifically allowed to do so in a Separate Agreement).
If you encounter any of these prohibited uses, you may use the contact form at www.imfuna.co.za and follow the instructions to submit the appropriate information to Imfuna.
You acknowledge and agree that Imfuna (and any licensors to Imfuna) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service (the "Software"), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Service and any Separate Agreement. Except for the limited license rights specifically granted to you in these Terms of Service (and any rights expressly granted to you in a Separate Agreement), Imfuna and its suppliers own and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Service and all Software utilized therein (and all copies thereof and related materials that are delivered or made available to you with the Service).
Except for the limited license and other rights granted in these Terms of Service, you retain all of the rights you had in your Content before you submitted it; unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent. Of course, if you do elect to publish and share any portion of your Content you are enabling each of those permitted users access to and the ability to comment on your Content.
Imfuna hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Imfuna as part of the Service as provided to you by Imfuna, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
We retain the right to implement reasonable limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of Imfuna actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Imfuna has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content except where such action results in a material breach of our agreement with you. Notwithstanding anything herein contained to the contrary Imfuna reserves the right to cease operations at any time with or without prior notice to anyone.
Imfuna may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading Content, and other Internet activities), you will be causing communications to be sent through computer networks owned by Imfuna and third parties that are located in California and other locations in the United States and other countries and that, as a result, your use of the Service will likely result in interstate data transmissions. You understand that Imfuna, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice, provided that where such action results from wrongful conduct on our part your right to compensation is reserved. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, Imfuna may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit Imfuna to deliver these to you (and you to receive them) as part of your use of the Service, except where we do so in a grossly negligent manner or in contravention of law.
You may discontinue your use of the Service at any time, for any or no reason and with or without notice. Imfuna may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for Imfuna terminating your account or the Service include, without limitation:
The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Content subject matter. You hereby agree that Imfuna may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to reasonable changes, without prior notice. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service, provided that we will act reasonably at all times. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
We may include the use of third party resources and/or links to third party websites as part of the Service. We have no control over such sites and resources and, accordingly, you acknowledge and agree that
(a) we are not responsible for the availability of such external sites or resources;
(b) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and
(c) we 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 or materials available on or through any such site or resource.
Any relevant pricing and fees, including payment terms and fee structures, are set out on our website.
Imfuna reserves the right to modify its fees and/or fee structure at any time, provided that you will have a right to cancel without penalty in the event of an increase or prejudicial change in pricing. Any change to the fees and/or fee structure will be notified to you via a notice on our website.
All sales are final.
You agree to indemnify and hold Imfuna, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) (collectively "Liabilities") arising from or in any way related to any third party claims relating to your use of any of the Service and/or your provision of any Content, or any violation of these Terms of Service by you or any other actions connected with your use of the Service (including all actions taken under your account), except in cases of contributory fault on the part of Imfuna, in which case we may be held proportionally liable. In the event of such claim, or Liabilities we will provide notice of the claim, or Liabilities suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, BUT NOTHING IN THIS CLAUSE IS INTENDED TO EXCLUDE OUR LIABILITY FOR GROSS NEGLIGENCE OR FAILING TO PROVIDE QUALITY SERVICE, AS REQUIRED BY LAW.
(b) IMFUNA DOES NOT WARRANT THAT
(i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
(iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, EXCEPT WHERE WE ACTING IN A GROSSLY NEGLIGENT MANNER OR IN CONTRAVENTION OF A LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMFUNA, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DEPOSITS, PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF IMFUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE;
(v) IMFUNA'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INSPECTION INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
(vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR INSPECTION INFORMATION;
(vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE;
(viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE;
(ix) DELETION OF YOUR CONTENT BY US IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE;
(x) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR
(xi) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OUR LIABILITY FOR GROSS NEGLIGENCE, A FAILURE TO COMPLY WITH THE LAW, OR A FAILURE OR INABILITY TO MATERIALLY PERFORM OUR CONTRACTUAL OBLIGATIONS.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.