Snapcap

Snapcap End User Terms

end user terms for the use of the Snapcap software as a service

  1.      Introduction

We provide our software as a service and you want to use it for your purposes. These end user terms contain a right to use our software as a service subject to certain conditions. You will be liable for a beach of these terms if you use our software as a service contrary to these conditions. If we find that you have breached these terms, then you will be liable to pay us damages and penalties.

  2.      Composition

These terms and our standard terms of service make up the agreement. You can access our terms of service on our website at www.snapcap.co.za.This reference incorporates them into these terms. These terms prevails over our terms of service where they conflict.

  3.      Acceptance

These terms regulate the use of the software as a service by you. By registering for the software as a service or exercising any rights granted to you under these terms, you accept and agree to be bound by these terms.

  4.      Parties

This agreement is between you, the individual or organisation that uses our software as a service, and us, the owner of the software as a service. We are Pink Fish Systems (Pty) Ltd (Registration number 2018/433546/07).

  5.      Our software as a service

Our software as a service is the ability we provide to you to use our software that we have developed or obtained the rights to provide running through the Internet as software as a service.

  6.      Our intellectual property rights

We own copyright and other intellectual property rights in our software as a service. Our software as a service belongs to us and not to you.

  7.      Grant of right

If you agree to the terms of this agreement, then we grant you a right to use our software as a service subject to the conditions set out below. But, you may not use our software as a service as if you own any rights in it. We do not grant you any right to use our software as a service if you do not agree to the terms of this agreement.

  8.      Duration of right

              This right starts to apply when you accept it and continues to apply until it terminates.

  9.      Right conditions

9.1      Non-exclusive. Your right to use our software as a service is non-exclusive. We may give anyone else the 
              same or any other right to use our software as a service.

9.2      Non-assignable. Your right to use our software as a service is non-assignable. You may not transfer the right

              to anyone else.

9.3      Your own purposes. Your right to use our software as a service is only for your purposes. You may not use the

              software as a service for anyone else’s purposes.

9.4      Duration. Your right to use our software as a service is only for the duration of this agreement. You may not use 

              the software as a service before or after the duration of this agreement.

9.5      Fees. Your right to use our software as a service depends on payment of fees related to that right. You will not 

              have the right to use our software as a service if the customer responsible for paying the associated fees 
              (who may or may not be you) has not paid them.

10.     Breach of right

              You will be in breach of the right to use our software as a service if you use it contrary to the conditions set 
              out above.    

11.     Consent

              By signing up for or otherwise using the software as a service, you agree that we may collect, use, and disclose

              your personal information provided to us for the purposes of:

•  providing the software as a service to you
•  administering your account on the software as a service
•  handling any support tickets that you submit to us
•  improving the software as a service for all users
•  and any other similar or connected purposes

12.      Privacy and data protection

    12.1      Privacy policy. We respect your privacy and take it very seriously. Our privacy policy is our plan of action for

              the protection of your personal information. It describes how we collect, use, disclose, and store your personal
              information. You can read our privacy policy on our website.

    12.2      Legal obligations. We are responsible for complying with our obligations and you are responsible for
                     complying with your obligations under applicable laws governing your data. Each party
                     acknowledges that they are not investigating the steps the other is taking to comply with any applicable privacy
                     and protection of personal information laws.
    12.3      Responsible party. You remain the responsible party for determining the purpose and means of how we
                     process your data, including that processing will not place us in breach of any applicable laws.
    12.4      Trans-border flows of your data. You consent to us transferring your data across a country border to
                     enable us to comply with our obligations under the agreement. You are solely responsible for
                     determining that any transfer of your data across a country border complies with the applicable laws.
    12.5      Indemnity. You agree to indemnify, defend, and hold us harmless (and those related to us and our
                     personnel, co-branders, or other partners) from and against any claim, demand, loss, damage, cost, or
                     liability (including legal costs) arising out of or relating to you failing to comply with your obligations
                     under this clause. If permissible under applicable law, legal costs will be on an attorney and own client
                     basis.
    12.6      Data accuracy. You warrant that any data you provide to the services is accurate and indemnify us
                     to the extent that it is not, particularly, where that inaccurate data results in an erroneous payment.
    12.7      Access. On a party’s reasonable written request, the other party will provide the requesting party with
                     the information that it has regarding your data and its processing that is necessary to enable the
                     requesting party to comply with its obligations under this clause and the applicable laws. The
                     requesting party will reimburse the other party for its reasonable charges for its assistance.
                     The same is true for any person with the authority to act on behalf of the requesting party.
    12.8      Preservation of integrity of your data. Both of us will take reasonable precautions (having regard to the
                     nature of each of our obligations under the agreement), to preserve the integrity of your data and
                     prevent any unauthorised access, corruption, or loss of your data.
    12.9      Records. You agree that our records are prima facie evidence of the services provided to you.
  12.10      Return of data. On termination of any order, each party will return to the other party in the form in
                     which it was received all of the other party’s data or information provided to the party for the purpose
                     of the performance of the relevant order.

    13.  Feedback

We value your feedback about our software as a service. It helps us improve it for you and our other users. But, please ensure that your feedback does not contain any unsolicited ideas. The purpose of this restriction is to avoid potential misunderstandings or disputes if our software as a service incorporates an idea similar to an unsolicited idea that you submitted to us in your feedback.

    13.1  Definitions. In this clause:

• feedback means any comments or suggestions you send us or post on a website that we control related to our software as a service
• unsolicited ideas means any original intellectual property related to our software as a service or new goods or services that we have not asked you for in writing

     13.2   No obligation to you. We are not obliged to compensate or credit you for your feedback in any way unless we
                       have a written agreement with you to do so. 

     13.3   Your obligation to us. When you submit your feedback to us, you:

• grant to us a perpetual, non exclusive, royalty free licence to use, reproduce and, modify your feedback for any purpose related to our goods or services
• agree to deliver all documents and perform all actions necessary to ensure that our rights to use, reproduce, and modify your feedback are effective and enforceable
• give up any claim that our use, reproduction, or modification of your feedback violates any of your rights, including your intellectual property rights or your moral rights (the rights not to have your work distorted and to be credited for your work)

14.  Responsibility

You are responsible for your conduct, profile, and content on our software as a service. You understand that your actions could have consequences, and may result in criminal or civil liability. We do not endorse, take any responsibility, or accept liability for your actions.

15.  Your content

You retain the intellectual property rights to your copyrighted content. By submitting content to our software as a service, you grant us a licence to use, distribute, reproduce or adapt the content for any purpose. This licence is worldwide, irrevocable, and free from royalty.

16.  Prohibited content

You may not use, or help others to use, our software as a service for any illegal or harmful purposes, including:

• illegal content – including sharing or advertising child pornography or content that infringes the intellectual property rights of others (such as their copyright or trademarks), inciting or encouraging harm against others, or conducting or advertising illegal transactions (such as selling drugs or promoting unlicensed gambling)
• fraudulent content – including offering, sharing or promoting false information relating to goods, services, or schemes, or otherwise misleading others in a way that is harmful or illegal
• abusive content – including content that is defamatory or vulgar, infringes another’s right to privacy (such as their personal information), or is otherwise unreasonably or objectionable
• destructive content – including content or software designed for the purpose of malicious damage to computers, systems, or data, or to control or otherwise access any of these things

17.  Prohibited conduct

 You may not use, or help others to use, our software as a service or its services to interfere with the connections or security of networks, systems, or other users including:

• unauthorized access – including accessing or attempting to access a network, system or user’s profile without permission
• surveillance – including the surveillance of any data on a network, system or user’s profile without permission
• intentional harm – including intentionally damaging the structure or efficient working of a network, system or user’s profile through physical or electronic means (such as Denial of Service attacks)
• spam – including sending or promoting unsolicited mass electronic communications without permission
• data manipulation – including the malicious and fraudulent altering of any data on or sent by a network, system, or user’s profile without permission
• system manipulation – including the malicious and fraudulent alteration of a network, system, or user’s profile without permission

18.  Investigation and enforcement

We will investigate any breach of these terms. During and after an investigation, we can alter or remove any content that breaches these terms, or share this content or related information with any relevant third party, including other users or law enforcement agencies. This section applies to any agreements that you have with us.

19.  Your duty to report breaches

 You agree to notify us of any breach of these terms, via email or any other reporting process that we have set up.