T & C'S

Please read these terms and conditions ("Terms") carefully before clicking the "I Agree" button, downloading or using the AWSUM Mobile Application ("Application").

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by these Terms.

If you do not agree to the Terms, you should not click on the "I Agree" button, download or use the Application.

These Terms will form a written contract between you and TieMedia Proprietary Limited ("TieMedia", "we", "us" and "our") and will govern our relationship and your use of the Application.

 

License Grant

TieMedia (Pty) Ltd (“TieMedia”) grants you a revocable, nonexclusive, non-transferable, limited license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy solely for your own personal, non-commercial purposes and strictly in accordance with the terms and conditions of these Terms. These Terms will also govern any updates that replace and/or supplement the original Application.

 

Restrictions

You agree not to, and you will not permit others to:

  1. license, sell, rent, lease, assign, distribute, sub-license, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

  2. copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application)

 

Modifications to Application

TieMedia reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

 

Rights to Application

You acknowledge and agree that the Application and Content and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of TieMedia. Except as expressly stated in these Terms, you are not granted any intellectual property rights in or to the Application or Content by implication, estoppel or other legal theory, and all rights in and to the application not expressly granted in these Terms are hereby reserved and retained by TieMedia.

 

Our Content

"Content" refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, advertising, hyperlinks or tags and other material appearing on the Application and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on the Application.

 

TieMedia owns or is entitled to use all of the Content made available on the Application.

 

Subject to these Terms, you may not, unless with our express consent ‑

 

  • reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;

 

  • decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;

 

  • incorporate the Content into any other content for whatever purpose;

 

  • remove any legal notices (such as copyright, trademark or other proprietary rights notices) in or on the Content; or

 

  • frame any portion of a web page that is part of the Application.

 

You may retrieve, store, cite or refer to or print Content from the Application for educational, research, non-commercial, private or personal use only, as provided for under applicable intellectual property laws.

 

Third party Content and Services

 

The Application may include, from time to time, advertisements from third parties and/or external links to other websites possessing their own content or any other third party content or services ("Third Party Content and Services").

 

You acknowledge that the Third Party Content ‑

 

  • is beyond the control of TieMedia and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;

 

  • cannot be verified by TieMedia and that TieMedia cannot be expected to determine its accuracy or reasonableness; and

 

  • may contain representations, statements or information which does not represent the views, opinions or beliefs of TieMedia, its associates, directors, employees or affiliates.

 

When you acquire services or products from a third party through or as a result of the Application, you understand and agree that ‑

 

  • TieMedia is not a party to the contract between you and the third party service provider;

 

  • TieMedia is under no obligation to monitor the third party services used by you;

 

  • the third party service provider will be responsible for all obligations under your contract with such third party service provider, including (without limitation) warranties or guarantees.  TieMedia will not be liable to you for any reason under the contract with the third party service provider;

 

  • you will evaluate the product or service and the applicable terms and conditions of the third party service provider before acquiring the product or service.

 

Communications

 

You agree that we may use your details for future communications via telephone, email and/or SMS. All personal information will be recorded, used and protected by us in accordance with current data protection legislation and our privacy policy.

 

You may receive details of special offers, competitions and related information from TieMedia and our affiliates or partners.

 

Note that the Application is also marketing platform.  By downloading our Application you agree to receive advertising through push notifications or other means from the Application on your mobile device, should you wish not to receive this advertising, you should not download or use the Application.

 

Availability

 

While TieMedia endeavours to ensure that the Application is available 24 hours a day, TieMedia shall not be liable if, for any reason, the Application is unavailable at any time or for any period.

 

Access to the Application may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

Security and Privacy

 

TieMedia will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of the Application or Content thereon.

 

You may not use the Application in any manner which may compromise the security of our network or any other network connected to our network.

 

Term and Termination

 

TieMedia may, in its sole discretion, at any time and for any or no reason, suspend or terminate your agreement with us with or without prior notice.

 

This Agreement will terminate immediately, without prior notice from TieMedia in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

 

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

 

Indemnity

 

You hereby unconditionally and irrevocably indemnify TieMedia and agree to indemnify and hold TieMedia harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by us as a result of any claim instituted against TieMedia by a third party (other than you) as a result of (without limitation):

 

  • your use of the Application, Content or Third Party Services other than as allowed or prescribed in these Terms;

 

  • any other cause whatsoever relating to these Terms or the provision of services to you where you have acted wrongfully or failed to act when you had a duty to so act.

 

Disclaimer and Limited Liability

 

You use the Application is at your own risk.

 

Save to the extent otherwise provided for in these Terms or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, TieMedia does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of the Application, Content, Third Party Services or any other services or features on or provided through the Application. 

 

TieMedia shall not be liable for and you will have no claim of whatsoever nature against TieMedia as a result of –

 

  • any unavailability of, faults or interruption in the Application;

 

  • any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in these Terms.

 

Compatibility

The Application is supplied on an "as is" basis and has not been compiled or supplied to meet any user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with TieMedia that the services available on or through the Application will meet your individual requirements and be compatible with your hardware and/or software.

 

TieMedia does not warrant that the Application will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device. You acknowledge that compatibility and interoperability problems can cause the performance of your mobile device to diminish or fail completely and may result in permanent damage to your mobile device, loss of the data located on the device, and corruption of the software and files located on your mobile device. You acknowledge and agree that TieMedia and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

 

Amendments to this Agreement

TieMedia may amend the Terms from time to time. Any new version of the Terms will be published on the Application and will become effective from the date that we first published it.  By continuing to use the Application after we published changes to the Terms, you agree to be bound by the changed Terms.

 

General Terms

These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.

 

No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to TieMedia. 

 

TieMedia may cede, transfer or assign its rights and obligations under the Terms to a third party without your consent.

 

You may not cede, transfer or assign your rights or obligations under the Terms to a third party without TieMedia's written consent.

 

If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.

 

All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the relevant provisions of any applicable laws which may not be overridden or set aside by agreement are complied with.

 

The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of the Republic of South Africa, including the Magistrates Court, in respect of all proceedings arising out of or pursuant to the Terms.

 

Contact Information

If you have any questions about these Terms, please contact us at awsumapp@tiemedia.co.za

 

© 2020 by TieMedia Group (Pty) Ltd

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