Terms and Conditions Regarding Use of Mobile Applications, Website and Other Platforms
BY USING AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS.
1. ABOUT OUR TERMS AND CONDITIONS
We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms after we published changes to the Terms, you agree to be bound by the changed Terms.
2. GRANT OF LICENSE
Each of our mobile applications (“Apps”) is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with these Terms, we grant you for each of our Apps you have downloaded, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use a copy of each of our Apps on a mobile device that you own or control and to run such copy solely for your own personal purposes.
These Terms will govern any updates that replace and/or supplement the original Apps.
The license granted herein is effective until terminated by us. Your rights under this license will terminate automatically without notice from us if you fail to comply with these Terms or if you permanently delete the App. Upon termination of the license, you shall cease all use of the Apps, and destroy all copies, full or partial, of the Apps.
3. INTELLECTUAL PROPERTY RIGHTS
We retain all Intellectual Property Rights to our Platforms and any content or information contained thereon. “Intellectual Property Rights” includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are protected by domestic and international legislation and treaties from infringement.
You may not rent, lease, lend, sell, redistribute or sublicense our Platforms. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our Platforms, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with our Platforms).
4. USER IDS
In order to access and use our Platforms you must –
register or subscribe to use our Platforms, where you will create, or we will allocate you, a username, password or other log-in (“User ID”) where applicable;
login using your User ID; and
comply with the Terms.
Your User ID is personal to you. You
must keep your User ID confidential and not disclose it to any third party;
must inform us promptly if a third party gains access to your User ID;
are responsible for all payments, use of, or activity on our Platforms under your User ID;
will not do multiple log-ins simultaneously (log-in at any one point in time more than once using the same User ID);
will not circumvent our User ID authentication procedures or systems;
are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your User ID.
While a User ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.
While we endeavour to ensure that our Platforms are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms are unavailable at any time or for any period.
Access to our Platforms may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We reserve the right to modify or discontinue the Platforms or any features, at any time without notice to you.
6. SECURITY AND PRIVACY
We will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms.
You may not use our Platforms in any manner which may compromise the security of our network or any other network connected to our network.
7. DISCLAIMER AND LIMITATION OF LIABILITY
You use our Platforms at your own risk.
While we endeavour to ensure that the information on our Platforms is correct, we do not warrant the accuracy and completeness of information on our Platforms or that the information and technology available from our Platforms are free from errors or omissions, or that it will meet your individual preferences or expectations.
We may make changes to the information on our Platforms at any time without notice. The information on our Platforms may be out of date, and in this regard, we make no commitment to update such information.
Information, ideas and opinions expressed on our Platforms should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms.
Our Platforms may include, from time to time, information obtained from third parties and/or external links to other websites possessing their own content or any other third party content (“Third Party Information”).
You acknowledge that the Third Party Information
is beyond our control and that any reliance on any representation, statement or information contained in Third Party Information is at your risk;
cannot be verified by us, and that we cannot be expected to determine its accuracy or reasonableness; and
may contain representations, statements or information which does not represent the views, opinions or beliefs of GoReefers, its associates, directors, employees or affiliates.
To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our Platforms or information provided from or through our Platforms.
Our Platforms are supplied on an “as is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the services available on or through our Platforms will meet your individual requirements and be compatible with your hardware and/or software.
You agree that any dispute between us shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Cape Town, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
You must send any notice or legal process relating to the Terms to the following address by registered post: 22 Sacks Circle, Sacks Circle Industrial, Bellville South, Cape Town, South Africa.
9. GENERAL TERMS
These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms. The above refers only to agreements with regard to our Platforms and not any other arrangements.
No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms.
We may cede, transfer or assign its rights and obligations under the Terms to a third party without your consent.
You may not cede, transfer or assign your rights or obligations under the Terms to a third party without our written consent.
If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the relevant provisions of any applicable laws which may not be overridden or set aside by agreement are complied with.
The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of the Republic of South Africa, including the Magistrates Court, in respect of all proceedings arising out of or pursuant to the Terms.
You agree that we may (but are not obliged to) intercept or monitor all communications sent or posted by you to our Platforms or our employees. You agree that the consent provided herein by you satisfies any “writing” requirement prescribed in law.
INFORMATION WE COLLECT AND RECEIVE
We collect and receive information about you in the following ways:
Information you provide to us. This includes any information that you provide to us directly, whether through our Platforms or via phone, text messages, social media, fax or any other medium.
Information we collect or receive when you use our Platforms we may collect information when you use our Platforms by using cookies, web beacons and other technology. Depending on how you access and use our Platforms, we may receive:
1.1 log information (like information about your interactions with our Platforms, the content you view and the search queries you submit
1.2 device information (like the type of device you’re using, how you access our Platforms, your browser or operating system and your Internet Protocol (“IP”) address);
1.3 location information (like your device’s GPS signal. We get this information when you use location-enabled services).
Information from third-party sources We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you in other ways. We may also receive information about you when you choose to connect with social networking services while using our Platforms.
HOW WE SHARE THE INFORMATION WE COLLECT AND RECEIVE
We don’t sell your personal information to third parties for their marketing purposes.
We may share your information as follows:
with our affiliates (other companies in the GoGlobal group of companies);
with business partners: we may share non-personally identifiable information with select business partners;
we may disclose your information if we are under a duty to disclose or share your information in order to comply with any legal obligation or to protect our Platforms. We may also disclose your information during the process of debt collection, or to our attorneys in connection with any potential, threatened or actual litigation, or to our auditors for the purpose of auditing our accounts;
in the event that we restructure or sell any of our businesses or assets, we may disclose your personal information to the prospective buyer of such business or assets or other transacting party;
companies that provide services to us or act on our behalf may have access to information about you. These companies are limited in their ability to use information they receive in the course of providing services to us or you;
Bear in mind that any of the parties mentioned above may be situated in a different country to you. You agree that your information may be shared with any of the abovementioned parties in another country and you consent to the cross border transfer of your information to another country whose privacy laws may not be equivalent to the laws in your country of residence.
In terms of the Protection of Personal Information Act No. 4 of 2013 (POPIA), we are required to process personal information in compliance with the Act. Our POPIA manual is available for viewing by mailing our information officer at email@example.com
SECURITY OF OUR PLATFORMS
Although no one can guarantee the security of the information collected and received, we do employ a number of safeguards intended to mitigate the risk of unauthorized access or disclosure of your information. We will do our best to protect your personal information and we will use up to date technology that will help us to do this.
LINKS TO OTHER WEBSITES
Our Platforms contain links to and from other websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website you visit which collects personal information.
We are based in and operate from South Africa and regardless of where you use or access our Platforms your information may be transferred to and maintained on servers located in South Africa (or elsewhere in the world). Please note that any information we obtain about you will be stored in accordance with South African privacy laws, regulations and standards, which may not be equivalent to the laws in your country of residence. By using our Platforms you consent to this collection, transfer, storage and processing of information to and in South Africa.
GENERAL DISCLAIMER AND POLICY WITH REGARD TO ELECTRONIC MAIL COMMUNICATION
All emails sent from the goglobal.group domain and any files transmitted with them are confidential and intended solely for the use of the named recipient(s). Any unauthorised use, review, dissemination or copying is prohibited. If you have received a message in error, please immediately notify the sender, and delete the original message and attachment(s). All business conducted and/or undertaken, as well as all communications and information provided are subject to the provisions of our Standard Trading Conditions, copies of which are available on request. All details herein are given in good faith, GoReefers Logistics (Pty) Ltd., its representatives and, affiliates of the GoGlobal Group accepts no liability for damage or harm resulting from any inaccuracies, errors or omissions. Whilst all efforts have been made to ensure that this message and any attachment(s) are free from any computer viruses, GoReefers Logistics (Pty) Ltd., its representatives and, affiliates of the GoGlobal Group cannot be held responsible for any prejudice suffered due to the transmission of any infected data and/or files. The goglobal.group domain is a shared domain used by companies associated with the GoGlobal brand and does not represent or bind a specific legal entity. Communication representing the person of a specific legal entity will indicate such in the content of said communication by using formats included but not limited to: company letterheads, legal tax invoices and similar documentation.
Should you receive an e-mail from the goglobal.group domain and be uncertain as to which aspect of the group it represents, the onus is on you to request clarification from the sender. Any perceived ambiguity in this regard shall not be grounds to disregard communication from the goglobal.group domain.