You may accept these terms in any of the following ways: (1) by selecting 'I agree' or its equivalent when the terms are presented on the screen, or (2) by accessing the Services of APP INA BOX (PTY) LTD in any way such as, for example, viewing, downloading or uploading any content made available via the Services by us, by you, or by others, or (3) by browsing the Services.
1. Parties to This Contract
APP INA BOX (PTY) LTD, a South African limited liability company, is the party with whom you are contracting. APP INA BOX (PTY) LTD sometimes is referred to as 'Appinabox' or 'Appinabox Tech' or 'CITYCHAR ' or 'IMBIZO' or "we" or "us" or "our" in this Agreement, except as is otherwise expressly stated in particular sections. Appinabox is a service mark, trademark, and trade name of APP INA BOX (PTY) LTD. "You" means any person who uses the Services, Website of APP INA BOX (PTY) LTD or its Mobile Apps, including without limitation a "User" or a "Member" or a "participant" (in a Hosted Session) or a "visitor" (to a web site or page). You agree that this is an agreement between independent contractors, and it is not a joint venture, partnership, employer-employee, agent-principal, or franchisor-franchisee relationship. Neither you nor APP INA BOX (PTY) LTD is authorized to bind the other to any contract.
2. Pricing and Payment for Services
Pricing and payment terms and conditions for use of APP INA BOX (PTY) LTD Services may be amended from time to time., APP INA BOX (PTY) LTD Services are licensed not sold.
3. Services of APP INA BOX (PTY) LTD
This Agreement states the terms and conditions upon which services are offered to you at the Internet domains of APP INA BOX (PTY) LTD, and its sub-domains (collectively the "Services"). These services may include but are not limited to: the web site, chat rooms, streaming text, images or video, recording, use of its Mobile Apps ' 'Public', 'Personal', 'Professional', 'Enterprise', 'Private Branded', 'ShowMyDesktop', 'Highlighter', 'ComputerSharing', 'ScreenShare' 'Presenter', or other products or services. Services are governed by this Agreement whether the particular service or use is free or paid.
As is provided in Section 17 below, Your Users shall be deemed limited, non-exclusive, sub-licensees acting under this license, but Your Users shall be restricted solely to end-user status. Your Users shall not have Private Branded or Enterprise User status. You do not have any power or authority to sub-license your Private Branded or Enterprise User status and any attempt to do so shall be void. You shall affirmatively require that Your Users expressly give prior written assent to a Terms of Service Agreement between You and Your Users ("Your TOS"), which includes but is not limited to privacy and security controls and disclosures, that comply with all the requirements of applicable law to ensure that You and Your Users do not make unlawful use of APP INA BOX (PTY) LTD Products and Services.
'Private Branded' or 'Private Branding' means a special, supplemental license to employ your Enterprise product to display your brand name(s) to your users while masking the brand names of APP INA BOX (PTY) LTD when using APP INA BOX (PTY) LTD products and services. You are not authorized or licensed to associate your business and brands with any trademark, service mark, trade name, logotype, advertising or other commercial symbol designating APP INA BOX (PTY) LTD or any of its affiliates, nor to state or imply that APP INA BOX (PTY) LTD endorses your business, products or services. A 'Private Branded' special license is granted only by a separate supplemental agreement signed by a manager of APP INA BOX (PTY) LTD, which authorizes such 'Private Branding' usage only in a particular market defined in such special, supplemental license.
4. Registration and User ID; Membership Account; Security; Password
The APP INA BOX (PTY) LTD Enterprise Product is designed to enable You and Your Users to make limited utilization of APP INA BOX (PTY) LTD computer servers for account setup, maintenance, conference initiation, User/Host verification and reporting, payment, and related administrative functions but where the principal communications of You and Your Users employ "Your Communications Channels and Bandwidth".
Hosts: To enable a person to be a Host ('Host' or 'Your Host') you must register and obtain a ThePeople News App User Identification ("User ID") and select a password for that person to use the Services of APP INA BOX (PTY) LTD . When registering a person to be a Host you or Your User must provide us with a valid user identity and a valid, functional email address for providing notices and communications to you concerning this Agreement and transactions with APP INA BOX (PTY) LTD and the Services. You are responsible for the accuracy and completeness of the information which you and Your Users provide to APP INA BOX (PTY) LTD in your registration and your use of APP INA BOX (PTY) LTD and the Services. You agree that you shall provide, and require Your Users to provide, a valid, lawful identity in your registrations and that you shall not impersonate, or allow Your Users to impersonate, any other person. You agree that you will promptly correct any errors in your registration information and will promptly update your registration information when it changes. If you do not have authority to supply information which is required either for registration or for a particular use of APP INA BOX (PTY) LTD or the Services, then do not register or do not engage in the particular use of APP INA BOX (PTY) LTD or the Services for which you lack such authority.
Guests: A guest is a person who uses the Services of APP INA BOX (PTY) LTD , through access lawfully given by a genuine, registered Host. A guest is bound by the provisions of these Terms of Service, but a guest is not entitled to the rights and privileges of a Host or of an Enterprise User.
Unauthorized Users: If a person uses APP INA BOX (PTY) LTD SERVICES via Your use of the THEPEOPLE NEWS APP Enterprise Product or other use by You of THEPEOPLE NEWS APP Products and Services, then that person will be bound by these Terms of Service, even if you or that person lack authority, but an Unauthorized User does not obtain any rights or privileges and ThePeople News App reserves all of its rights and remedies against you, the Unauthorized User, and such Unauthorized User's employer, agents, agency principals and affiliates to the full extent permitted by law for such unauthorized use.
5. Communications Channels, Bandwidth and Communications Content; Security
5.1 "Your Communications Channels and Bandwidth" 'Your Communications Channels and Bandwidth' shall mean communication channels and communications bandwidth that you provide for Yourself and Your Users on computer servers owned or controlled by You, Your Users and your contractors and the communications channels and bandwidth of third parties that You and Your Users employ, but not including THEPEOPLE NEWS APP Communications Channels and Bandwith.
5.2 Security by You and Your Users. You and Your Users shall have sole and exclusive responsibility for the security and privacy of Your Communications Channels and Bandwidth and of information passing through, resident therein, or removed therefrom. You, Your Users, Your Hosts and guests shall be responsible for implementing and maintaining the security of User IDs, passwords and account designations registered with THEPEOPLE NEWS APP while such information is in the possession or control of You and them, including without limitation, during transit or residence in Your Communications Channels and Bandwidth. You are entirely responsible for activities conducted, and for errors and omissions, by You and by Your Users, including preservation and protection of the confidentiality of the User IDs, passwords, and account information of You and Your Users while in the possession or control of You and Your Users, and in communications channels you and they use.
You are entirely responsible for communications content transmitted via your use of THEPEOPLE NEWS APP Enterprise and Private Branded Enterprise products and services.. You agree that you and your Users shall (a) make certain to fully exit from accounts at the end of each session, and (b) You and Your Users shall immediately notify ThePeople News App in writing (which may be by email to admin@ThePeople News App ) if there is any unauthorized use of an account or password or other security breach. ThePeople News App and APP INA BOX (PTY) LTD, and its employees, agents, affiliates and contractors shall not be liable for any cost, loss, damage, liability or claim which arises or is alleged to arise from failure to comply with this section.
5.3 'THEPEOPLE NEWS APP Communications Channels and Bandwith' mean communications channels and bandwidth for data solely during the time that data is passing through or stored within the computer servers physically controlled by THEPEOPLE NEWS APP .
5.4 'THEPEOPLE NEWS APP 's Contracted Computer-Servers and Bandwidth' shall mean computer-servers and bandwidth that are supplied by independent contractors to THEPEOPLE NEWS APP (whether by license, lease or other contract) and which are utilized in the provision of THEPEOPLE NEWS APP Services to You and Your Users. THEPEOPLE NEWS APP does not warrant, expressly or impliedly, nor guarantee, nor act as an insurer of, the conduct, services, security or product of such independent contractors. The Disclaimer of Warranties and the Limitations and Exclusions of Damages stated below shall apply to any claim arising out of or related to 'THEPEOPLE NEWS APP 's Contracted Computer-Servers and Bandwidth.'
5.5. Security By ThePeople News App . THEPEOPLE NEWS APP shall be directly responsible only for the physical security and internal network security of computers physically controlled by THEPEOPLE NEWS APP . THEPEOPLE NEWS APP 's responsibilities shall be strictly limited to implementing the physical and internal network security of computers physically controlled by THEPEOPLE NEWS APP . THEPEOPLE NEWS APP shall have no responsibility whatsoever (i) for physical and network security of computers of You and Your Users, or (ii) for any computers not physically controlled by THEPEOPLE NEWS APP , or (iii) for communication content that You and Your Users (including Unauthorized Users) transmit without effective encryption via the THEPEOPLE NEWS APP Private Branded Enterprise Product or via any other THEPEOPLE NEWS APP products and services.
You acknowledge that THEPEOPLE NEWS APP has no ability and no duty to monitor or control the security which You, Your Users, Hosts, guests and Unauthorized Users employ with respect to your and their USER IDs, passwords, account designations and communications content when that information is outside THEPEOPLE NEWS APP Communications Channels and Bandwidth, or when You or Your Users transmit unencrypted communications content. You agree that you shall immediately notify THEPEOPLE NEWS APP in writing (which may be by email to admin@ThePeople News App ) if there is any unauthorized use of a User ID, account designation, or password of You or of any of Your Users or any other security breach (even if such breach is or may be a breach in THEPEOPLE NEWS APP Communications and Bandwidth). THEPEOPLE NEWS APP shall not be liable for any cost, loss, damage or liability which arises or is alleged to arise from Your failure to comply with this section.
5.6 Communications Content of You and Your Users; Encryption. You and Your Users shall be solely and exclusively responsible, and THEPEOPLE NEWS APP and THEPEOPLE NEWS APP 's contractors shall have absolutely no responsibility, for the content of communications which is transmitted via Your use of the THEPEOPLE NEWS APP Private Branded Enterprise Product and other THEPEOPLE NEWS APP Products and Service through computers employed by Your and Your Users and contractors ('Communications Content of You and Your Users' or 'Your Communications Content'). If You or Your Users wish to keep the content of communications secure, then You or Your Users must encrypt such information, and maintain the security of encryption codes and keys, independently of ThePeople News App . This is because ThePeople News App does not control the security of Your Communications Channels and Bandwidth or the channels and bandwidth of third parties that may be used in transmissions to and from THEPEOPLE NEWS APP Communications Channels and Bandwidth. You acknowledge that transmission of information on the internet has inherent security risks. If You or Your User transmits unencrypted communications content, then there shall be a presumption affecting the burden of producing evidence that such communications content was not confidential. You agree that ThePeople News App and its computer-server and bandwidth contractors are not guarantors or insurers of the confidentiality and security of the communications content of You and Your Users. You acknowledge that You and Your Users can purchase insurance to insure against breaches of data security and confidentiality. You agree that ThePeople News App need not undertake any burden of proving where in the chain of transit an alleged breach of the confidentiality of Your Communications Content occurred. You agree that if You or Your User claims that a breach of the security or confidentiality of Your Communications Content occurred in THEPEOPLE NEWS APP Communications Channels and Bandwidth or occurred during THEPEOPLE NEWS APP recording and storage, then You and Your User must bear the burden of proving such claim by clear and convincing evidence.
If you desire a higher level of confidentiality of Communications Content of You and Your Users, then you must obtain a separate written commitment to such higher level of confidentiality in a writing signed by an LLC manager of APP INA BOX (PTY) LTD.
5.7 Recording and Storage by THEPEOPLE NEWS APP . ThePeople News App does not undertake to record and store any communications content of You and Your Users except in a writing signed by an authorized ThePeople News App officer which states the terms and conditions and limitations for such recordation and storage. You acknowledge that there may be transient storage incidental to computer operations to transmit information through THEPEOPLE NEWS APP Communications and Bandwidth (such as, for non-limiting example, temporary storage in computer Random Access Memory ('RAM')). You agree that THEPEOPLE NEWS APP shall not have any duty to record, store or preserve such transient information absent an express, prior written undertaking by THEPEOPLE NEWS APP to record and store it, and you acknowledge that it may be practically unfeasible or impossible to preserve such transient information. You agree that THEPEOPLE NEWS APP may purge or destroy such transient information either automatically or manually. There are additional provisions below if You have contracted to have THEPEOPLE NEWS APP record and store communications content of Your or Your Users on computers owned or controlled by THEPEOPLE NEWS APP .
5.8. Litigation Holds. You agree that if a burden is imposed upon THEPEOPLE NEWS APP to store, hold or produce information arising from use by You or Your User of THEPEOPLE NEWS APP products or services, and related to a claim, dispute or legal proceeding, then you shall bear and pay to THEPEOPLE NEWS APP and THEPEOPLE NEWS APP 's contractors the reasonable, market worth of labor, costs and expenses (including without limitation, fees and charges of experts, advisors and attorneys), of collecting, holding, storing and producing such information.
P.O Box 684, Somerset West