1. Application and binding effect of these Terms
2. Login details, usernames and passwords
Should the Services from time to time make use of login functionality in terms of which you are required to create your own usernames and passwords, or utilise social media integration, you accept complete responsibility for the safekeeping of those details, usernames and passwords, insofar as the security thereof is concerned. By entering your usernames and passwords, Masscom Interactive (Chat2Brand) is entitled to assume that the person using the Services is you. You must familiarise yourself with and follow the security procedures communicated by Masscom Interactive (Chat2Brand) from time to time as well as such other procedures that may apply generally to the Services. You agree that any failure on your part to follow the recommended security procedures may result in a breach of the confidentiality of your personal information and may lead to unauthorised access to your account and personal information. In the event that you are a business, you must ensure that only authorised employees have access to and are allowed to use the Services with your secure login details. You and/or your business are however then responsible for any action of those individual(s) (whether authorised or not) when they interact with our Services. You are responsible for keeping all of your personal information, usernames and passwords up-to-date, secure and confidential and must notify Masscom Interactive (Chat2Brand) immediately if there has been, or if you suspect any breach of security or confidentiality.
3. Use of the Services
Not all devices or internet browsers may support use of the Services. It is your responsibility to keep your device or internet browsers updated and or in a condition for it to support use of the Services. Masscom Interactive (Chat2Brand) may offer Services and/or products to you from time to time and reserves the right to modify, replace or terminate any existing service without prior notice to you. If such modification, or termination of any service is, in Masscom Interactive (Chat2Brand) discretion, material to the nature of any transaction you have entered into with us, we will give you prior notice of such changes, in order for you to decide whether you wish to renew/continue use of the Services after such material change. In order to register as a User of the Services, you may have to provide certain personal and company information, which Masscom Interactive (Chat2Brand) may have to validate. Masscom Interactive (Chat2Brand) may at any time request that you provide, in a form satisfactory to us, documentary evidence establishing and/or confirming your identity as the registered User of the Services or that you are the authorised representative of your organisation. You are solely responsible for all internet data usage charges incurred while using the Services/platform. You agree that you will not at any time, whether alone or in conjunction with any third party, attempt or actually:
Indemnification by you. You agree to defend, indemnify, and hold harmless Masscom Interactive (Chat2Brand) from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from your breach of these Terms, or your and your end users’ access to, use, misuse or illegal use of the Service. Chat2Brand will provide you notice of any such claim, suit, or proceeding. Masscom Interactive (Chat2Brand) reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist Masscom Interactive's (Chat2Brand) defence of such matter.
5. Risk, loss or damages
You hereby agree that subject to applicable law, Masscom Interactive (Chat2Brand) will not be liable for:
6. Transmission and accuracy of information
Masscom Interactive is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of the Services. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring. Masscom Interactive gives no guarantee of any kind concerning the content on our Services. Masscom Interactive does not give any warranty (express or implied) or make any representation that Masscom Interactive Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
7. Deemed rules for sending and receiving electronic messages
You hereby acknowledge that Masscom Interactive will use e-mail, WhatsApp, Facebook Messenger and other electronic notices on the platform, as Masscom Interactive's main communication tool for all communications relating to the Services, or these terms and conditions. Such communications may include the use of SMS (short message services), WhatsApp, Facebook Messenger registered mail or telephonic advice. You hereby agree that the provisions of Part 2 of Chapter III of the Electronic Communications & Transactions Act 25 of 2002 are hereby excluded and that the following terms will apply when you (or any one acting on your behalf) and Masscom Interactive send each other electronic messages via any electronic means, including via the platform or email: Where you make any offer to Masscom Interactive, such as subscribing to the Services, or to pay for use of the Services, an agreement is formed at the time Masscom Interactive (Chat2Brand) sends you its written acceptance of your offer, or notifies you of such acceptance via the platform. An automated or manual acknowledgement of receipt of your electronic message shall not be deemed to constitute acceptance. All electronic messages will be deemed to have been sent from, and received at your specified e-mail address or mobile phone and Masscom Interactive's address as specified on the Chat2Brand website or portal. An electronic message is deemed to have been sent:
8. Intellectual Property Rights
You acknowledge and agree that all right, title and interest in, and to, any Masscom Interactive (Pty) ltd TA Chat2Brand or other Intellectual Property (including but not limited to any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used on the platform or the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to Masscom Interactive or its respective owner(s) and will remain so vested in all circumstances. You therefore agree that you will not at any time or under any circumstances acquire any rights of any nature by using the Services.
The Client grants to Chat2Brand, and its designated service providers, a non-exclusive, worldwide, royalty-free licence to collect, use, copy, store, transmit, modify and create derivative works from the Client’s data, solely to the extent necessary to enable Chat2Brand to provide the Services and to enable the efficient operation and use of the Services by the Client and its authorised users.
9. Third party materials
10. Fees and payment
11. Warranties and representations
Masscom Interactive makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the service and/or the information, text conversations, images, map and GPS locations and audio contained on the platform. The Services are thus used at your own risk. You warrant to and in favour of Masscom Interactive that:
12. Masscom Interactive's information in terms of Section 43 of the Electronic Communication and Transactions Act No. 25 of 2002
Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
14. Governing law
These Terms and any matter arising from these Terms, shall be governed by and interpreted in accordance with the substantive laws of South Africa. For the purpose of all or any proceedings arising from your use of the Services, you consent to the jurisdiction of the Magistrates' Court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates' Court Act, 1944, provided, nevertheless, that Masscom Interactive shall have the right at its sole option and discretion to institute proceedings in any other competent court. Notwithstanding the above consent, you agree to first explore all avenues of alternative dispute resolution procedures to which Masscom Interactive may agree, such as mediation. Masscom Interactive shall however not be obliged to follow any alternative dispute resolution process, should it not wish to do so.
Failure or neglect by Masscom Interactive (Chat2Brand) to enforce any of these Terms, will not be construed as a waiver of its rights, nor will such failure or neglect in any way affect the validity of the whole or any part of these Terms, nor prejudice the rights of Masscom Interactive to take subsequent action.
16. Data Protection
17. Marketing by post, email, through our WhatsApp, Facebook Messenger or text messages
If you give us permission, we may use your Personal Information to contact you about products, services, and special offers from us or other companies that may interest you. We will do this by post, e-mail, through messenger services or text message. If you decide that you do not want us to do this, you can contact us, and we will stop.
Any questions or concerns arising from these Terms or use of the Services should be addressed to email@example.com
For all purposes of these Terms, any notice required to be in writing shall include email.
20. Whole agreement
These Terms, as may be amended from time to time, constitute the whole agreement between yourself and Masscom Interactive relating to your use of the Services.
21. No third party stipulation
The Terms create a legally binding agreement only between yourself and Masscom Interactive only. Accordingly, unless expressly stated to be the case, the Terms do not create rights in favour of any third party.
22. Limitation of liability
No consequential damages. Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these Terms, or such party’s affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including loss of profits, lost sales or business, loss of data, business interruption or any other loss incurred by such party in connection with these Terms or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
23. Disclaimer of warranties.
The service, including the website and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and Masscom Interactive (Chat2Brand) expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Masscom Interactive (Chat2Brand) does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, and no information or advice obtained by you from Masscom Interactive (Chat2Brand) or through the service shall create any warranty not expressly stated in these Terms.
24. Modifications to service or prices