Section 1 -Introduction
Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services (“the User/s).
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Services.
The Services itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, belong to MatchKit [insert full registered name] (which we refer to as “we/us” throughout).
You are not allowed to copy or modify the Services, any part of the Services, or our trademarks in any way.
Any views or statements made or expressed on our site are not necessarily our views, or that of any of our related organisations, subsidiaries, affiliates, employees, or agents.
Section 2 - Usage and Eligibility
In order to use the Services, you must:
1.be at least eighteen (18) years old or legally assisted to enable you to enter into a legally binding contract;
2.complete the account registration process;
3.agree to these Terms;
4.provide true, complete, and up-to-date contact and billing information;
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations.
We may refuse service, close accounts of any Members, and change eligibility requirements at any time.
Account and Password
You are responsible for keeping your account name and password confidential.
You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity for which we are directly responsible and that isn’t performed in accordance with your instructions), whether or not you authorized that activity.
Your account may not be named in a manner that misleads other Users into thinking that you are another person or organization. For example, your account’s URL or name is not the name of a person other than yourself or your organization.
You must immediately notify us of any unauthorized access or use of your account.
We are not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password.
We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate
Section 3 – Nature and Duration
When you sign up for an account and agree to these Terms, the Agreement between us commences.
The Terms will remain effective, as long as you have an account with us or until you or we terminate the Terms in accordance herewith, whichever happens first, subject to the provisions of Section 6 which shall remain in operation indefinitely.
If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
Either of us may terminate the Terms at any time and for any reason by terminating your account with us or by giving notice to the other party.
We may also suspend the Services to you at any time, in our sole discretion.
We reserve the right to charge a reactivation fee if your account is suspended or terminated for any reason.
Section 3 – Acceptable Use
You agree not to use the Services to collect, upload, transmit, display, or distribute any content that:
Ⅰ.violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Ⅱ.is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy or publicity rights, vulgar, defamatory, false, intentionally misleading, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
Ⅲ.is harmful to minors in any way; or
Ⅳ.is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
Ⅰ.upload, transmit, or distribute to or through the Services any computer viruses, worms, Trojan Horse or any software intended to damage or alter a computer system or data;
Ⅱ.send through the Services any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicated or unsolicited messages, machine- or randomly-generated content or content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
Ⅲ.use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
Ⅳ.interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
Ⅴ.attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services);
Ⅵ.harass or interfere with any other User’s use and enjoyment of the Services.
We reserve the right, but shall not be obliged to review any content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your content, terminating your Account and/or reporting you to law enforcement authorities.
By making content available to us, you grant us, where necessary, a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your account.
Section 4 - Fees and Payment.
By using our Services you agree to pay us the subscription fees published on our site for your selected service.
Payments will be charged and processed through our third party payment provider, as nominated from time time. The fees will be debited on the day you sign up for a service and will cover the use of that service for a monthly or other period, as indicated.
Any monthly fee shall be due and payable to us in advance on the billing date as displayed. We reserve the right to suspend the accounts of Users who fail to make payments on their selected subscription plan. All fees are non-refundable, in whole or in part, even if the service is suspended, cancelled or transferred prior to the end of your then current service month.
Section 5 -Donations
In certain circumstances, funds paid may constitute a receipt in terms of S18 of the Income Tax Act, 58 of 1962 and you will be eligible to receive a certificate in that regard, if you are registered as a South African taxpayer.
Please note that tax receipts cannot be issued later than 6 months after the end of the relevant tax period.
Section 6 - Liability
Limitation of Liability
To the maximum extent permitted by law, you acknowledge and agree that:
Ⅰ.you assume full responsibility for any loss that results from your use of the application, including any downloads from our site;
Ⅱ.we will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and
Ⅲ.in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, delict (including negligence), or otherwise—will be no more than what you paid to us in the preceding month.
For the avoidance of doubt, in no instance will we be liable for any losses or damages you suffer if you use the Services in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.
To the maximum extent permitted by law, we provide the Services on an “as-is” basis.
This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Services, either express or implied.
This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement.
You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision.
You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, on an attorney and own client scale, that directly or indirectly result from any of the following:
Ⅱ.your use of the Services;
Ⅲ.your violation of any laws or regulations;
Ⅳ.third-party claims that you or someone using your password did something that, if true, would violate any of these Terms;
Ⅴ.any misrepresentations made by you; and
Ⅵ.a breach of any representations or warranties.
We are not responsible for the behaviour of any third parties, agencies, linked websites, or other Users, including third-party applications, products, or services for use in connection with the Service ( “Third-Party Integration”). Your use of any Third-Party Integration and rights in respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.
Section 7– General
Changes to these Terms and Conditions
These Terms are subject to change without notice. Unless you terminate your account, the new Terms will be effective immediately upon publication on our site and apply to any continued or new use of the Services. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.
Application of the Electronic Communications and Transactions Act
No information or data on our site is an offer, but merely an invitation to become a User and make use of the Services.
Data messages, such as e-mail, are only deemed to have been received by us once replied to and such a reply does not include an auto-reply.
The full name and legal status of the application and or website owner is: MatchKit Inc
The full mobi/ website address is : www.MatchKit.net
These Terms constitute the entire agreement between us, the user of this Services. Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
In the event that any of these Terms are not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions.
The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Applicable and Governing Law
The Services are operated from the Republic of South Africa, and therefore the South African Law governs the use or inability to use this applications, its site and services.
You consent to the jurisdiction of the South African courts for any dispute that may arise out of these Terms.
If you have any questions or suggestions about our Terms, please contact us at :firstname.lastname@example.org