TERMS AND CONDITIONS
Last Updated 26 May 2021
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and MiVoice Mobile Apps (Pty) Ltd, located at 1211 Cobham Road, Queenswood, Pretoria, South Africa (we, us), concerning your access to and use of the MiVoice.app (MiVoice) website as well as any related applications (the Site).
The Site provides the following services: community-based communication platforms, basic human resource and personal management tools to specific employment sectors and basic emergency response and communication services to certain subscribed users, and other services that may be included in future releases (Services).
You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all these Terms and Conditions. If you do not agree with all these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
Take note: we may, without notice to you, amend, and change our Terms and Conditions. These amended Terms and Conditions will immediately replace all other terms and conditions and will be binding on you when you use the Site at any time, notwithstanding the fact that you used the MiVoice site prior to any new amendments.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. Changes to the Terms and Conditions may include changes to all our policies in Section 1.7 or otherwise. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in or visiting South Africa. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
- 1.7.1 Our Privacy Notice is available at https://mivoice.app/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- 1.7.2 Our Acceptable Use Policy is available at https://mivoice.app/acceptable-use-policy/, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
- 1.7.4 Certain parts of this Site can be used only on payment of a fee. If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our Terms and Conditions of supply available at https://mivoice.app/terms-conditions/.
2. Acceptable Use
2.1 Our full Acceptable Use Policy is available at https://mivoice.app/acceptable-use-policy/, sets out all the permitted uses and prohibited uses of this site.
2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
2.3 As a user of this Site, you agree not to:
- Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you know your user information (such as an identification code or username) and/or password you must promptly notify us at firstname.lastname@example.org.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such username is inappropriate.
3.3 We will store, regulate and deal with your personal information in terms of the Protection of Personal Information Act, 4 of 2013 (POPI).
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our site, you grant us the following rights to use that content:
4.3 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy available at https://mivoice.app/acceptable-use-policy/. Before every post ensure you are familiar with our Acceptable Use Policy.
4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
4.7 If you wish to complain about User Content uploaded by other users, please contact us at email@example.com.
5. Our content
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, modified, decompiled, disassembled, reverse engineered, write and/or developed an derivative thereof, remove any trademark or copyright notice or identification there from or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Link to third party content
6.1 The Site may contain links to websites or applications operated by third parties and may we make use of third parties to provide services. We do not have any influence or control over any such third party websites or applications or the third party operator or services rendered (websites). We are not responsible or liable for and do not endorse any third-party websites or applications or their functionality, availability or content and you agree that the information and services are “as-is” and will we not be held liable for any loss or damage due to your reliance thereon.
6.2 We accept no responsibility or liability for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
6.3 You agree that we shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained on the Site, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Site.
7. Site Management
7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
8. Modifications to and availability of the Site
8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee the Site and Services will be available (in full or partially) at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Risk, limitation of liability and indemnity
9.1 Your use of this site and the information contained on the site is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. Use thereof is on a “as-is” and “as-available” basis for your personal, non-commercial and information purposes only and no other use whatsoever.
9.2 The transmission of information via the internet, including without limitation the use of the Site and mobile app and e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by yourself as a result thereof. We reserve the right to request independent verification of any information transmitted via the Site, mobile app or e-mail and you consent to such verification should we deem it necessary.
9.3 To the extent permissible by law:
- 9.3.1 Neither we, our affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Site or any functionality thereof, or the information contained on the Site, or of any linked site, even if we know or should reasonably have known or is expressly advised thereof.
- 9.3.2 Our liability for the faulty execution of the Site as well as all damages suffered by you, whether direct or indirect, as a result of the malfunctioning of the Site shall be limited to our rectifying the malfunction, within a reasonable time and free of charge, provided that we are notified immediately of the damage or faulty execution of the Site. This liability shall fall away and be expressly excluded if you attempt to correct or allow third parties to correct or attempt to correct the Site without the prior written approval from us. However, in no event shall we be liable to you for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the site or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software or any other software or mobile device installation; especially as it relates to (but not limited to) mobile device permissions and functionality, GPS location failure, incorrect GPS results or reporting, mobile network delays and errors, internet connectivity delays and errors, communication distribution delays or errors.
- 9.3.3 If, for any reason whatsoever we can be held liable other than to rectify the malfunction, our liability to you as a consumer or a business user will, notwithstanding anything to the contrary contained herein and only where any competent court award any damages or loss against us, and regardless of the form of the action, at all times be limited to a total aggregate amount equal to the greater of (a) the sum of R1000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
9.3.4 You hereby unconditionally and irrevocably indemnify us and agree to hold us free from all loss, damages,
and/or costs, of whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect
- 188.8.131.52 your use of the Site;
- 184.108.40.206 software, programs and support services supplied by, obtained by or modified by you or any third party without our consent or our knowledge;
- 220.127.116.11 your failure to comply with any of the terms or any other requirements which we may impose from time to time;
- 18.104.22.168 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software;
- 22.214.171.124 any unavailability of, or interruption in, the Service which is beyond our control; or
- 126.96.36.199 the accuracy or completeness of the Site’s content including (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site or Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and / or quality or level of services rendered by us and and/or any third party services offered through this Site.
9.4 We make no warranty or representation as to the availability, accuracy or completeness of the content of the Site. You expressly waive and renounce all your rights of whatever nature that you may have against us for any LOSS suffered by you, as a result of information supplied by us being incorrect, incomplete or inaccurate.
9.5 All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose, merchantability, security, accuracy, compatibility and non-infringement are excluded to the fullest extent permitted by applicable law.
10. Indemnity for use liability
10.1 We record that the Services are only there for assistance and are there for information purposes, they are not a guarantee of safety against or prevention of loss, liability, injury and damage of whatsoever nature and howsoever arising. Accordingly, while we shall exercise reasonable care in the providing of Services on the Site, nothing herein contained shall be construed or interpreted in any manner whatsoever as providing you or any third party whomsoever with any guarantee or assurance of safety or against any loss, liability, injury or damage of whatsoever nature and howsoever arising..
10.2 Subject to the provisions of any law, neither we nor any other persons for whom we may be liable in law shall be liable to you in respect of or pursuant to any loss, liability, injury, damage or claims of whatsoever nature (including without limitation any loss of profits and/or any special and/or consequential loss or damages) whether arising through the rendering or non-rendering or attempted rendering by us of the Services or in delict or otherwise if any such loss, liability, injury, damage or claims arise as a result of or pursuant to any innocent or negligent act or omission on our part or any other persons for whom we may be liable in law.
10.3 You a) irrevocably waives all and any such claims referred to in Section 10.2 above and b) irrevocably indemnifies us or any other person for whom we may be liable in law against all claims of third parties arising out of the said acts on rendering, or not rendering the Services.
10.4 To the extent that our rights in terms of Section 10.1 above are limited by any law the provisions of Section 13.6 below shall apply.
10.5 Without in any way limiting or derogating from the provisions of Section 10.1 above, we shall further not be liable to you for any damage, loss, liability or injury of whatsoever nature and howsoever arising that may result from any force majeure or vis major including but not limited to unforeseeable interruptions in rendering Services, any acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, tremor, flood, storm or fire, deadly disease or pandemic.
10.6 You hereby agree and acknowledge that the Services and use of the Site are complementary and not a replacement to any other communication platform available that you may use or are used by law enforcement and medical services and does the Site and Services do not provide an alternative to these communication platforms. It always remains your responsibility to ensure your connection was successful and that you engage with police – and emergency services for your safety and security.
10.7 We reserve the right not to render any Service within a reasonable time following any action taken by you on the Site due to technical reasons, the Site being non-operational and or other problems and an Act of God not allowing us to render such Services.We reserve the right not to render any Service within a reasonable time following any action taken by you on the Site due to technical reasons, the Site being non-operational and or other problems and an Act of God not allowing us to render such Services.
10.8 Any possible responsibility and obligations to you which may exist, ceases immediately when your subscription is terminated, or the Services are suspended.
10.9 The provisions of this clause 10 do not in any way derogate from the exemptions from liability contained elsewhere in this Terms and Conditions.
11. Term and Termination
11.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site at any stage, even after you stopped using the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org.
11.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
11.3 If we terminate or suspend your account for any reason set out in this Section 10, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. Mobile Application
12.1 If you access the Site and Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license granted to you in terms hereof.
12.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play
(each an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
13.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
13.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
13.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
13.4 We may assign any or all of our rights and obligations to others at any time.
13.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
13.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
13.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
13.8 The following are trade marks of MiVoice Mobile Apps (Pty) Ltd: logos, icons, content, slogan and pictures. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.
13.9 A person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions.
13.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com.
The parties agree that any action may only be instituted, or application be brought within the jurisdiction of the High Court, Gauteng North, South Africa.
In the event of a court finding that any part of this agreement be unlawful or unenforceable, such will not affect the remainder hereof in any way.
16. Amendment Hereto
These Terms and Conditions reflect the full and only agreement between you and us, and any amendment hereto will only lawfully amend this agreement if officially published by us through substitution of these Terms and Conditions.
The rule of interpretation by us constructing these Terms and Conditions, that in the event of ambiguity, this Terms and Conditions must be interpreted against us, does not apply.
18.1 In order to ensure the security and reliable operation of the site and Services to you, we hereby reserve the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
18.2 You may not utilise the Site in any manner which may compromise our security networks or tamper with the Site in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Site, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Site, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we or a third party suffer any damage or loss, civil damages shall be claimed against you.
18.3 If you commit any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) you shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.
19.1 You agree that you shall hold in the strictest confidence and not disclose to any third party, information acquired in connection with any aspect of the Services offered by us. You shall notify us should you discover any loss or unauthorised disclosure of the information.
19.2 Any information or material sent to us will be deemed not to be confidential, unless otherwise agreed in writing between us and you.
20. Force majeure
We shall have no liability to you under these Terms and Conditions (the provisions of this clause do not in any way derogate from the exemptions from liability contained elsewhere) if we are prevented from or delayed in performing in terms hereof, or from carrying on our Services by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or off any other party), failure of a utility service or transport or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of us or third party contractors.