Terms of Service

1. Application and binding effect of these Terms
These terms and conditions ("Terms") govern your use of the Masscom Interactive (Chat2Brand) web application and the use of related value added services. The use of the mentioned services or platform, will collectively be referred to herein as “Services”). These Terms constitute an agreement between yourself and Masscom Interactive (Pty) Ltd (trading as “Chat2Brand” and also referred to herein as “we” or “us”). For continued use of the Services, you may be requested from time to time to accept new or amended versions of these Terms, which will appear as a pop-up or link in an email, requesting your acceptance thereof. The Terms may be applicable together with further specific terms applicable to a particular service or product that Masscom Interactive (Chat2Brand) may supply to you. If there is a conflict between these Terms and the specific terms, the specific terms will apply. Any reference to “personal information” means any and all information that you provide when using the Services otherwise, that is categorised as “personal information” in terms of the Protection of Personal Information Act 4 of 2013 (“POPI”). The privacy policy located at http://www.chat2brand.co.za/privacy-policy.php is incorporated herein by reference. Please familiarise yourself with the terms thereof before you use the Services.

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:

  1. Make use of the platform to collect, harvest or otherwise obtain personal information about other users or persons in an unlawful manner;
  2. Make use of the platform to send any form of unsolicited commercial communications to other persons in an unlawful manner;
  3. Rent, lease, distribute, sell, sublicense, transfer, perform, publish, display or otherwise provide access to the platform to any unauthorised persons;
  4. Incorporate any component of the platform into any competing product or service offering that you promote and/or supply to other persons;
  5. Remove or obscure any proprietary or other notices contained in the platform or any component thereof;
  6. Otherwise use the platform in any way which infringes, or attempts to infringe, the rights of any other person; or use the platform for any illegal purpose or in violation of any applicable laws.

You shall not publish, transmit, or distribute any content using the platform that:

  1. Is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of the rights of other persons, including their intellectual property rights;
  2. Constitutes hate speech or is likely to provoke violence;
  3. Is racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable;
  4. Constitutes or encourages conduct that would be considered a criminal offence, or condones or encourages unlawful activity;
  5. Copy or distribute any of the content accessible via the Services/platform;
  6. Use the Services in any way that it was not designed for, unless Masscom Interactive (Chat2Brand) has agreed thereto in advance;
  7. Alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the platform/service;
  8. Alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any security features of the platform/service;
  9. Infect the service/platform with any software, malware or code that may infect, damage, delay or impede the operation of the service or which may intercept, alter or interfere with any data generated by or received through the service/platform; and
  10. Allow any third party to use your usernames and passwords in any manner other than as permitted by these terms.
  11. Allow IP or network scans, tracing or tracking services on the service/platform

Chat2Brand reserves the right to remove or block access to any communications generated by a user, chat bot or software code which is found to be infringing, unlawful, or in contravention of this agreement and/or to suspend or cancel the user’s continued use of the platform, or a chat bot's or software code's continued engagement with the platform.

Authorised users

  1. The subscription fee payable by the Client to Chat2Brand is based on an agreed number of users who are authorised to access and use the Services through the Client’s account;
  2. Chat2Brand reserves its right to adjust the subscriptions due by the Client should the number of authorised users be increased during a billing cycle;
  3. If the Client designates its own customers as authorized users of the Services, the Client will be and remain responsible for the use of the Services by such persons. The Client acknowledges that the authority given by Chat2Brand to allow the Client’s own customers to use the Services does not confer any right on the Client to distribute, resell, or otherwise derive any commercial benefit from making the Services available to its customers as part of its own product or hosted service without reference to Chat2Brand;
  4. The Client hereby consents to Chat2Brand conducting its own investigation into the use of the Services by the Client for the purpose of auditing the number of designated authorised users who are accessing and using the Services and compliance with these terms and conditions. Such investigations will be conducted during business hours and on reasonable notice;

4. Indemnification
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:

  1. Any interruption, malfunction, downtime, off-line situation or other failure of the platform or online Services, Masscom Interactive's (Chat2Brand) system, databases or any of its components;
  2. Any loss or damage with regard to the use of your personal information or data, or any loss directly or indirectly caused by malfunction of Masscom Interactive's (Chat2Brand) system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Masscom Interactive's (Chat2Brand) system or third party systems or programming defects; and/or
  3. Any interruption, malfunction, downtime or other failure of goods or Services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any other event over which Masscom Interactive's (Chat2Brand) has no direct control. Neither you nor Masscom Interactive (Chat2Brand), nor Masscom Interactive's (Chat2Brand) IT personnel, will be held liable for any failure to perform any obligation to the other due to causes beyond your, Masscom Interactive's (Chat2Brand) or Masscom Interactive's (Chat2Brand) IT personnel's respective reasonable control. This includes lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom Masscom Interactive (Chat2Brand) is not responsible, acts of government or other competent authorities (including telecommunications and internet service providers).
  4. You indemnify and hold Masscom Interactive's (Chat2Brand) (including its directors, agents, contractors and service providers) harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the service, or the use of information and/or images available on or via the service, whether due to Masscom Interactive's (Chat2Brand) (including its directors’, agents’, contractors’ and service providers’) negligence or not.

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:

  • • by you, at the time at which Masscom Interactive is capable of accessing such message;
  • • by Masscom Interactive, at the time shown on the electronic message as having been sent or, if not so shown, at the time shown on our system as having been sent.
An electronic message is deemed to be received:
  • • by you, once it becomes capable of being retrieved by you;
  • • by Masscom Interactive, once Masscom Interactive has confirmed receipt thereof or responded thereto, whichever is the earlier.
An electronic message shall be attributed -
  • • to you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the electronic message sent to Masscom Interactive resulted from an error or malfunction in the communication system, except if you can timeously satisfy Masscom Interactive otherwise before Masscom Interactive has acted upon the message.
  • • to Masscom Interactive, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by Masscom Interactive and such system operated without error or malfunction. Unless otherwise provided for in these Terms, confirmation of receipt of your electronic message is required to give legal effect to such electronic message.

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

  1. The Services may link to, frame, or refer to websites, applications, software, or information owned and/or operated by other Persons (“Third Party Materials “);
  2. The Client acknowledges that Chat2Brand exercises no control over the functionality or content of such Third Party Materials and the use of such Third Party Materials is entirely at the Client and its users own risk;
  3. Chat2Brand shall not responsible for any harm, loss, expense, claim or damage, whether direct, indirect or consequential, arising from the access to or use of such Third Party Materials and/or the Client’s reliance on such Third Party Materials;
  4. These terms and conditions will not apply to the Client’s use of Third Party Materials and such use will be governed by the terms and policies associated with such Third Party Materials.

10. Fees and payment

  1. The Client will pay Chat2Brand a monthly subscription fee of R _________ ex VAT for its use of the Services;
  2. All subscription fees are billed monthly in advance. Unless the Client has authorised a debit order, all payments will become due immediately on presentation of an invoice, by Electronic Fund Transfer (EFT) into Chat2Brand’s designated bank account, without any deduction or set-off;
  3. All unpaid amounts will attract interest at a rate of 10% per annum, calculated from the due date of payment to the date of actual payment, both days inclusive. Interest will be calculated daily and compounded monthly in arrears. The Client undertakes to pay all interest due on demand;
  4. If any amounts remain unpaid for longer than 3 (three) months, Chat2Brand may suspend the Services until all outstanding amounts have been settled in full by the Client.

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:

  • a) you are 18 years or older; and/or
  • b) you have the legal capacity to agree to and be bound by these Terms; and
  • c) the Terms constitute a contract valid and binding on you and enforceable against you.
Each of the warranties given by you will
  • i) be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in the Terms;
  • ii) continue and remain in force irrespective of whether your account is active, suspended or cancelled;
  • iii) be deemed to be material.

12. Masscom Interactive's information in terms of Section 43 of the Electronic Communication and Transactions Act No. 25 of 2002

  • Site owner: Masscom Interactive (Pty) Ltd (Chat2Brand)
  • Legal status: Masscom Interactive is a private company, duly incorporated in South Africa in accordance with the applicable legislation;
  • Masscom Interactive: Registration No: 2016/115606/07;
  • Directors or other office bearers: J Williams.
  • Description of main business of Masscom Interactive: Technology and related.
  • E-mail address: info @ chat2brand.co.za;
  • Website addresses: www.chat2brand.co.za;
  • Physical Address: Unit 176, 19 Edison Way, Century City, 7441;
  • Domicilium citandi et executandi): Unit C15 Century Square, Waterford Precinct, Heron Crescent, 7441;
  • Registered Address: Unit 176, 19 Edison Way, Century City, 7441;
  • Accounting Contact: billing@chat2brand.co.za
  • Customer Support Contact: support@chat2brand.co.za

13. Severability
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.

15. Waiver
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

  • 14.1. We may, and you expressly consent to, the collecting and Processing of your Personal Information by us to open, administer and operate your Profile and Account; provide any combination of services or analysis linked to the service; monitor and analyse the conduct on your Profile and Account for abuse, fraud, compliance and other risk-related purposes; carry out statistical and other analyses to identify potential markets and trends; and develop new products and services.

  • 14.2. You expressly consent that we may Process and further Process your Personal Information within the Group for the above purposes; disclose your Personal Information to any person who provides services to us or acts as our agent or to whom we have transferred or propose to transfer any of our rights and duties in respect of your Account or Profile (some of these persons may be located in countries outside of the Republic of South Africa); and share your Personal Information with our services providers, locally and outside the Republic of South Africa, as necessary. We ask persons who provide services to us to agree to our privacy policies if they need to access any Personal Information to carry out their services.

  • 14.3. You acknowledge that: we will at all times remain responsible for determining the purpose of and means for Processing your Personal Information, without which we may be unable to offer the services to you; and you are giving us your Personal Information voluntarily.

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.

18. Enquiries
Any questions or concerns arising from these Terms or use of the Services should be addressed to info@chat2brand.co.za

19. Notices
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

  • 22.1 Masscom Interactive (Chat2Brand) reserves the right at any time to modify, or discontinue, the Service (or any part thereof) with or without notice.
  • 22.2 Masscom Interactive (Chat2Brand) shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  • 22.3 Masscom Interactive (Chat2Brand) reserves the right to implement price changes with a 15 days’ notice to the customer. Customers on monthly subscriptions will be charged the new price the next billing month that falls after the 15 days’ notice. Customers on annual accounts will be charged the agreed amount for the full 12 months of their contract; thereafter the new price will take effect.