EkuSURE Terms of Service
SMARTAPPS TERMS OF SERVICE EKUSURE SERVICE
Thank you for selecting the Services offered by Smartapps Limited. and/or its subsidiaries and affiliates (referred to as "Smartapps", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Smartapps. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Ekusure Services. It includes by reference:
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Smartapps. Smartapps reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Smartapps grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
For Services offered on a payment or subscription basis, the following terms apply, unless Smartapps or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
SMARTAPPS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
5. DATA PROCESSING AND PRIVACY
Data Processing and Privacy. (a) Ekusure is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that Smartapps will process your information as described in our Privacy Statement when you use our Services.
6. CONTENT AND USE OF THE SERVICES
6.1 Responsibility for Content and Use of the Services.
6.2 Restricted Use of the Services.
6.3 Community forums.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Smartapps does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Smartapps is not responsible.
6.4 Smartapps may freely use feedback you provide.
You agree that Smartapps may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Smartapps a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Smartapps in any way.
6.5 Smartapps may monitor Content.
Smartapps may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Smartapps or its customers, or operate the Services properly. Smartapps, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 Smartapps does not give professional advice.
Unless specifically included with the Services, Smartapps is not in the business of providing legal, financial, accounting, tax, health care, investment, life cover, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Smartapps Services.
You may be offered other services, products, or promotions by Smartapps. Additional terms and conditions and fees may apply. With some Smartapps Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
Smartapps may be required by law to send you communications about the Services or third party products. You agree that Smartapps may send these communications to you via email or by posting them on our websites
7.4 You will manage your passwords and accept updates.
You are responsible for securely managing your password(s) for the Services and to contact Smartapps if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTAPPS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. SMARTAPPS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 SMARTAPPS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SMARTAPPS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, SMARTAPPS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SMARTAPPS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF SMARTAPPS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SMARTAPPS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Smartapps and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Smartapps reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Smartapps in the defense of any Claims.
We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
Smartapps may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Smartapps policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Smartapps’s interests or those of another user of the Services. Upon Smartapps notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Smartapps’s rights to any payments due to it. Smartapps may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT AND TRADE RESTRICTIONS.
You acknowledge that the Services, including the mobile application, and the underlying software may include technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States, or other applicable jurisdiction. You will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW AND JURISDICTION.
This Agreement will be governed by the laws of South Africa, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Smartapps’s or its Suppliers’ intellectual property rights may cause Smartapps irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Smartapps shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Smartapps’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of South Africa and you agree that you will procure that any third party making a claim against Smartapps arising out of this Agreement shall bring such claim exclusively in South Africa and subject to the limitations and exclusions of liabilities provided for in this Agreement. Smartapps does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Smartapps prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and Smartapps regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Smartapps. However, Smartapps may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Smartapps or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Smartapps via an email to: firstname.lastname@example.org
ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by Smartapps are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.
EKUSURE Supplemental Agreement and Terms of Service
Thank you for selecting Ekusure. This licence agreement in addition to the Smartapps Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity, and Smartapps Software Solutions Pty LTD and/or its subsidiaries and affiliates (“Smartapps,” “we”, “our” or “us”).
By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to Smartapps that he/she has full power and authority to enter into this Agreement on your behalf.
If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the Ekusure Services.
Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”:
1.1. Ekusure . Ekusure is an online solution for administration of life assurance policies and business tasks through an online account (each a “User Account”).
1.2. Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2. SUBSCRIPTIONS AND USERS
The Ekusure Service is licenced on a monthly subscription basis, as selected by you or your agent as the user.
3. TRIAL VERSION AND BETA FEATURES
If you registered for a trial use of the Ekusure Service ("Trial Period"), you must decide to purchase a license to Ekusure, within the Trial Period in order to retain any Content that you have entered through the Ekusure Portal, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Ekusure Services by the end of the Trial Period, your Content will no longer be available to you.
From time to time, Smartapps may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Ekusure Service for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Smartapps is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
4. PERMITTED DISCLOSURES AND USE OF DATA.
You acknowledge and agree that in order to provide you with access to and use of the Ekusure Services, Smartapps may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Smartapps to effectuate such replacement. Any other person You identified as an authorized user of the Ekusure Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
5. PERSONAL INFORMATION.
5.1 Personal Information. You represent and warrant to us that:
5.1.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement;
5.1.2 If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and
5.1.3 If there is any discrepancy between this Agreement and the Smartapps Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that Smartapps may provide data in your account to any Additional Users to which that data is applicable or personal to.
5.2 Public Content.
As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Smartapps customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Smartapps, for information and guidance purposes only, and Smartapps and such User are not responsible in any way for your use the Account Content.
6. ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).
7. EKUSURE SERVICE USE, STORAGE AND ACCESS.
Smartapps shall have the right, in its sole discretion and with reasonable notice posted on the Ekusure Service site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Ekusure Service and establish or change limits concerning use of the Ekusure Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Ekusure Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Ekusure Service in a given period of time. Smartapps reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Ekusure Service to which such changes relate. Your continued use of the Ekusure Service will constitute your acceptance of and agreement to such changes. Smartapps may, from time to time, perform maintenance upon the Ekusure Service resulting in interrupted service, delays or errors in the Ekusure Service. Smartapps will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation you will be able to access the Ekusure Service only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the Ekusure Service. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
9. SOCIAL MEDIA SITES.
10. THIRD PARTY PRODUCTS AND SERVICES.
Smartapps may tell you about third party products or services, including via the Service. Smartapps may offer products and services on behalf of third parties who are not affiliated with Smartapps (“Third Party Products”) and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. . Smartapps is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Smartapps in any way. You agree that the third parties, and not Smartapps, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Smartapps will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of Smartapps or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
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