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User Agreement

By this User Agreement (“Agreement”), INTBU (Pty) LTD (“Company”), a Public Benefit Organization, and the User, identified as any individual who accesses or utilizes the MiProfile Website or MiProfile App ("the Product"), agree as follows:

PURPOSE

The Product is a free, electronic, web-based application (“App”), created by the Company, enabling individual Users to create personal profiles within which they are able to describe specific information, characteristics and/or share interests and/or preferences unique to themselves that other people need to know about who they are, all under one roof.

Once created, information ("Content") can then be shared to any member or any Social Media Platforms at the sole discretion of each User.

The sole purpose of the Product is to enable users’ to accumulate and promote Content online using features like albums, blogs, forums, groups, listings, music, polls, videos and much more, which people can use to help them quickly.

SCOPE AND INTENT

Each User agrees that by creating an account, or by using the App, they are entering into a legally binding agreement with the Company based on the terms of the within Agreement and will become a User. By accessing the Product and creating a personal profile the User acknowledges that they have read and understood the terms and conditions of the within Agreement and agree to be bound by the Agreement and any other document or form that may be designated by the Company from time to time in accordance herewith as forming part of this Agreement.

USER SUBMISSIONS TO THE PRODUCT

A User owns and is solely responsible for any and all information and/or photographs posted to the Product. As the Company does not control or oversee the Content a User posts, each User acknowledges that the posting of any information, statements, data, content, photos and/or images to the Product is done so voluntarily. The User represents and warrants that they are entitled to post the information submitted and that all content posted is accurate, non-confidential, is not in violation of any contractual restrictions or international laws and does not infringe any third party rights.

The User represents and warrants that they will not upload or post images that are threatening, contain nudity, are or may be considered to be pornographic in nature or that encourage or incite violence or hate. The User also represents and warrants that they will not upload any data, content and/or virus that may compromise, impair or disable the proper functioning of the Product.

It is the User’s responsibility to maintain their account to ensure that all information is accurate and up to date. A User may delete any content posted by the User on the Product in its entirety at any time. Should a User choose to delete their account, the Company will not be liable if the User’s content is not deleted in full due to the content having been saved by another member of the User’s support network or sent to an individual who is not a registered user of the Product or the User’s support network.

SERVICE ELIGIBILITY

To be eligible to use the Product, the User must represent and warrant that they:

4.1.        4.1.  will only maintain one account at any given time;

4.2. will use their real name and provide only information that is true and accurate;

4.3.  have full power and authority to enter into this Agreement and in doing so do not violate any other agreement to which they may be a party; and

4.4.   will not violate any rights belonging to the Company, the Product and/or any User(s) or those of third parties, including intellectual property rights such as copyright and/or trade-mark rights.

USERSHIP

A User owns and bears sole responsibility for their account(s). As between the User and other Users, each User agrees as follows:

5.1.        5.1.   to keep their password secure and confidential;

5.2.  not to permit others to access, use or alter their account;

5.3.     not to access, use or alter the account of another User; and

5.4.     not to sell, trade or transfer their account to another party.

INDEMNIFICATION

Each User agrees to indemnify and hold the Company harmless for any and all damages, losses and costs (including, but not limited to, reasonable lawyers’ fees) related to all third party claims, charges and investigations caused by the User’s failure to comply with the within Agreement, including without limitation, any content posted to the Product that violates third party rights or applicable international laws.

NOTIFICATION AND SERVICE MESSAGES

The Company reserves the right to contact the User from time to time at the email address associated with their account in order to deliver service messages and/or notices regarding the Company and/or the Product.

USER RIGHTS

On the condition that the User comply with all of their obligations under this Agreement, the Company grants the User a limited, revocable, nonexclusive and nonassignable license and right to access the Product, through a generally available web browser or mobile device, in order that the User may view Content and use the Product in accordance with this Agreement.

Any other use of the Product that is contrary to its Purpose (as set out in section 1 above), such as seeking to connect with someone the User does not know or trust or seeking to use information gathered from other Users for commercial purposes without the express authorization of the other Users or the Company is strictly prohibited and considered a violation or breach of this Agreement.

COMPANY RIGHTS

The Company reserves the right to update, improve and/or expand the functionality of the Product. As such, The Company may modify, replace, refuse access to, suspend or discontinue users and/or the Product, either partially or entirely, at its sole discretion.

Any changes shall be communicated to Users via the email account associated with their account. While the Company does not control or oversee User generated content, the Company reserves the right to withhold, remove or discard any content posted to a User’s account, with or without notice to the User, if the content is deemed by the Company to be contrary to the within Agreement and/or any international law. The Company also reserves the right to terminate a User’s account in the event a User is found to have breached any of the terms of the within Agreement.

TERMINATION/DEACTIVATION

Either party may terminate the User’s account, for any or no reason, with or without notice. A User may deactivate their User account and profile page by following the instructions contained within the prompt on the home page of the Product. Any termination shall be effective immediately. Termination includes disabling the User’s access to the Product as well as to their Account.

COMPANY DISCLAIMER

THE USER ACKNOWLEDGES AND AGREES THAT THE PRODUCT AND USER’S ACCOUNT ARE PROVIDED BY THE COMPANY “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTY BY THE COMPANY OR ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO USERS FOR: (1) ANY INTERRUPTIONS OR DISRUPTIONS TO THE PRODUCT OR USER ACCOUNT OR ANY OTHER DAMAGES SUFFERED BY THE USER WHICH ARE CAUSED DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE APP; (2) ANY POWER FAILURES; (3) ANY ACTS OR OMISSIONS OF THE USER INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (4) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH THE USER’S USE OF THE APP AND/OR THE PRODUCTS; OR (6) ANY TERMINATION OF THE USER’S ACCOUNT.

LIMITATION OF LIABILITY

THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS SHALL NOT BE LIABLE TO THE USER OR ANY OTHER PERSON (EXCEPT FOR PHYSICAL INJURIES AS A RESULT OF NEGLIGENCE) FOR (1) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF DATA, LOSSES RESULTING FROM A THIRD PARTY’S UNAUTHORIZED ACCESS TO DATA, LOSS OF PROFIT, LOSS OF EARNINGS, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, DEATH OR ANY OTHER DAMAGE OR LOSS HOWEVER CAUSED, RESULTING DIRECTLY OR INDIRECTLY, OR RELATING, IN ANY MANNER, TO THE TERMS AND CONDITIONS HEREIN OR THE PRODUCT OR (2) DEFAMATION OR COPYRIGHT INFRINGEMENT THAT RESULTS FROM MATERIAL TRANSMITTED OR RECEIVED BY USERS OF THE PRODUCT.

THESE LIMITS APPLY TO ANY ACT OR OMISSION OF THE COMPANY, EMPLOYEES, OR AGENTS, WHICH WOULD OTHERWISE BE A CAUSE OF ACTION IN CONTRACT, TORT OR ANY OTHER DOCTRINE OF LAW.

DISPUTE RESOLUTION

Any dispute between the parties whether arising during the period of this Agreement or at any time thereafter which attaches upon the validity, construction, meaning, performance or effect of this Agreement or the rights and liabilities of the parties or any matter arising out of or connected with this Agreement shall be subject to arbitration and pursuant to the Arbitration Act (South Africa) and the decision shall be final and binding upon the parties hereto and shall not be subject to appeal.

The arbitration shall be carried out by a single arbitrator if the parties can agree upon one, failing which, such arbitrator as shall be appointed by a judge of the Superior Court of Justice (South Africa), upon the application of any of the parties and the said Judge shall be entitled to act as such arbitrator if he or she shall so desire. The arbitration shall take place in the City of Pretoria and the arbitrator shall fix the time and place in such Municipality for the purpose of hearing such evidence and representation as the parties or any of them may present.

The decision of the arbitrator both in procedure and the conduct of the parties during the proceedings and the final determination of the issue shall be binding upon the parties hereto and no appeal shall lie there from. The costs of the arbitration shall be borne by the parties hereto as may be specified in the decision of the arbitrator. Submission to arbitration pursuant to the provisions of this Article shall be a condition precedent to the bringing of an action with respect to this Agreement.

GENERAL PROVISIONS

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, affecting this instrument which are not expressly set forth herein.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, as applicable.

WAIVER OF DEFAULT

Waiver by the Company of any default by the User shall not be deemed a continuing waiver of such default or a waiver of any other default.

SEVERABILITY

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of the Agreement.

ENUREMENT

This Agreement shall be binding upon and enure to the benefit of the parties and their respective legal successors and permitted assigns.