TERMS AND CONDITIONS OF USE

 

THESE TERMS AND CONDITIONS OF USE (HEREAFTER – T&Cs) APPLY AND GOVERN YOUR ACCESS TO AND USE OF THE PRO VISIONS TRACKER, HEREAFTER “THE APP”. IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THE T&CS, BY DOWNLOADING, INSTALLING OR USING THE APP, YOU INDICATE THAT YOU ACCEPT THESE T&CS AND THAT YOU AGREE TO ABIDE AND BE BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE T&CS, YOU SHOULD CEASE DOWNLOADING, INSTALLING OR USING THE APP IMMEDIATELY, AS BY SO DOING IT CONSTITUTE YOUR ACCEPTANCE OF THESE T&CS UNMODIFIED BY YOU, WHICH TAKES EFFECT ON THE DATE ON WHICH YOU DOWNLOAD, INSTALL OR USE THE APP.

1.     INTRODUCTION

a)     The App is a virtual display system that allows you to see the number of books you still have in store, the number of books sold and an estimate of the amount due to you, for those books sold.

b)    The App is owned and operated by Croscill Investments CC, registration number CK 1997/04 3898/23, trading as Pro Visions Books, a company incorporated in the Republic of South Africa (hereafter – Pro Visions)

c)      For all legal purpose, Pro Visions choose as its address: 27 Bram Fischer Road, Durban, 4001.

d)    Contact details; email: support@provisions.co.za and Telephone: 031-337-2112.

 

2.     DATA PROTECTION

Any personal information you supply to Pro Visions when using the App will be stored and used in accordance with the Privacy Policy. Please refer to the App’s Privacy Policy in this regard. NB – the App’s Privacy Policy is incorporated by reference and therefore forms part of these T&Cs.

 

3.     INTELLECTUAL PROPERTY RIGHTS AND LICENCE

a)     The App, that is, all trademarks, copyrights, database rights and other intellectual property rights of any nature in the App together with the underlying software code, including these T&Cs, are the sole property of Pro Visions and are as such, fully protected by the appropriate copyright and other intellectual property rights laws.

b)    Pro Visions hereby grants you a countrywide, non-exclusive, revocable licence to use the App, free of charge for personal and non-commercial use only.

 

4.     CONDITIONS OF USE

a)     You represent and warrant that you are of legal age to form a binding contract.

b)    You are solely responsible and liable for maintaining the confidentiality of your information on your device.

c)     You are solely responsible for ensuring that these T&Cs are in compliance with all the laws, rule and regulations applicable to you and the right to access the App is revoked where these T&Cs are prohibited and, in such circumstances, you agree not to use or access the App in any way.

d)    You will not, nor allow any third party on your behalf to:

              i.        Make and distribute copies of the App;

            ii.         Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; Or

           iii.        Create derivate works of the App of any kind whatsoever.

e)     You acknowledge that the terms of agreement with your respective Mobile Network Provider (Network Provider) will continue to apply when using the App. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. Hence, we shall not have any responsibility or liability for any telephone or other costs you may incur.

f)      If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer to use the App.

g)    We reserve the right to change these T&Cs at any time without notice to you, by posting the changes on the Pro Visions website (www.provisions.co.za) or by updating the App to incorporate the new T&Cs.

h)    You are responsible for regularly reviewing information posted on the website in order to obtain timely notice of such changes.

i)      Your continued use of the App after the changes are posted constitutes your acceptance of the amended T&Cs.

j)      If any of these terms be determined to be illegal, invalid, or otherwise unenforceable, then to the extent to and within jurisdiction which that term is illegal, invalid or unenforceable, it shall be servered and deleted and the remaining T&Cs shall survive, remain in full force and effect and continue to be binding and enforceable.

k)     When you register for the App or send an email to support@provisions.co.za, you agree beforehand to receive electronic communications from Pro Visions.

 

5.     SYSTEM REQUIREMENTS AND AVAILABILITY

a)     In order to use the App, you are required to have a compatible mobile telephone or handheld device running Android Operating System, and internet access. However we do not warranty that the App will be compatible with all hardware or software which you may use.

b)    The App is intended for use by our registered customers only.

c)     If the need arise and at our sole discretion, access to the App may be suspended or withdrawn from you personally or all users temporarily or indefinitely at any time and without notice.

d)    Upon any termination, the right and licence granted to you to use the App herein shall be terminated and you must cease all use of the software immediately.

e)     Pro Vision will take all reasonable efforts to make the App available at all times.

f)      You however acknowledge that the App is provided over the internet and mobile networks and due to that, the quality and availability of the App may be affected by factors beyond Pro Visions’ reasonable control.

g)    We make no warranty that your access to the App will be uninterrupted, timely or error-free. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions to the App, resulting in the App being unavailable for such time.

h)    Pro Visions do not accept any responsibility whatsoever any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.

 

6.     LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES AND INDEMNIFICATION

a)     We make no representation or warranty, express or implied that information provided via the app is correct, complete, accurate or up-to-date, and to the extent permitted by law, we do not accept any liability for errors or omissions.

b)    The App is available “as is” and “as available”. It is not designed or delivered according to your individual specifications. As such, you assume all responsibility and risk in respect to your use of the App.

c)     We shall not be liable for any damages to, or for any viruses, bugs, malicious codes or other harmful components that may affect any equipment (including but not limited to your mobile device), software, data or other property using the App.

d)    We shall also not be liable for any actions of third parties.

e)     We have no duty to update or modify the app and we are not liable for our failure to do so

f)      In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or representatives, be liable hereunder or otherwise for your loss or damage of any kind, direct or indirect, in connection with or arising from the App, or the use of the App.

g)    You agree to indemnify and hold Pro Visions or any of our respective employees, directors, officers, agents or representatives, harmless from and against any and all losses, damages, costs and expenses (including attorney fees), resulting from your use of the App and/or any violation of these T&Cs.