TECHNITES APP – CUSTOMERS TERMS OF USE

INTRODUCTION

1. Welcome to the Technites Africa App. This App is published by or on behalf of Technites Africa. By installing the App, you agree to be bound by the following terms and conditions (“Terms”), our privacy policy and our acceptable use policy.
2. Your use of the Technites App (App) is subject to these Terms of Service (these "Terms"). The terms of use apply to you if you are a user of the App.
3. These terms and conditions set out important information regarding the rights, obligations and the restrictions that may apply to you as a user (User) when you use or download the App and any services offered in conjunction with the App, electrical works, plumbing, etc (services) as they are made accessible through the App.
4. You should read these terms and conditions carefully before using the App.
5. BY CLICKING ON THE ACCEPTANCE BUTTON REQUIRED TO COMPLETE REGISTRATION AS A USER, MARKED 'DO YOU ACCEPT THESE TERMS AND CONDITIONS?' YOU INDICATE ACCEPTANCE OF THESE TERMS AND CONDITIONS. YOUR ACCEPTANCE MEANS THAT YOU AGREE TO AND SHALL COMPLY WITH OUR APP ACCEPTABLE USE POLICY, OUR PRIVACY POLICY, OUR COOKIE POLICY AND OUR APP TERMS AND CONDITIONS. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (‘CORPORATE ENTITY’). IN THESE TERMS AND CONDITIONS, 'YOU' AND ‘YOUR’ INCLUDES BOTH THE READER AND ANY CORPORATE ENTITY.

 

6. USING THE APP:

6.1       The App is a mobile App that facilitates the access by User of the Services, which generally consist of individuals, corporates and other organizations and in most cases, the access to third party service providers herein referred to as Technites.

6.2       You agree that you are solely responsible for:

6.2.1     all costs and expenses you may incur in relation to your use of the App; and

6.2.2     keeping your password and other account details confidential

7. If any of these Terms are unacceptable to you or if any future changes to these terms are unacceptable to you, do not use the App. your continued use of the App (including, but not limited to, the downloading of the Application or any Application upgrades and/ or use of the Services) now or following the posting of notice of any changes in these Terms, will be deemed acceptance by you of these Terms and any such changes, or modifications. You agree to use the App only for purposes that are legal, proper and in accordance with these Terms and any local binding policies or guidelines.

 

8. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
   1. This App and all intellectual property rights in it, including but not limited to, any content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyrights, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights, in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and are free to use them as we see fit.
   2. Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the App. You agree not to adjust to try to circumvent or delete any notices contained on the App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the App.
   3. Trademarks: "Technites" and "Technites Africa" are our trademarks. Other trademarks and trade names may also be used in this App. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.

 

 

 

9. SOFTWARE
   1. Software may be made available for you to download in order to help the App work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider's legal responsibilities are and provisions that limit a software provider's legal responsibilities to you.
   2. Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

 

10. SUBMITTING INFORMATION TO THE APP
    1. Whilst, we try to make sure that the App is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
    2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
    3. When you submit, upload, transmit or display any data, information, media or other content in connection with your use of the App (“Your Content”), you understand and agree that:
       1. you will continue to own and be responsible for Your Content;
       2. you are giving us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve the App and our other services, including new services that we may provide in the future. All such use will, to the extent Your Content contains Personal Information, be in accordance with our Privacy Policy. As part of this licence, we and our affiliate companies may, subject to our Privacy Policy, copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
       3. you grant other App users a non-exclusive licence to access and use Your Content within the App, in accordance with these Terms and the App’s functionalities;
       4. we may share Your Content with third parties that we work with to help provide, promote, develop and improve the App in accordance with our Privacy Policy;
       5. we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
       6. you will comply with these Terms, including our Acceptable Use Policy, in your submission of Your Content.
    4. In addition, you agree that we and our affiliate companies (subject to these Terms, our Privacy Policy and applicable laws and regulations):
       1. are allowed to retain and continue to use Your Content after you stop using the App;
       2. may be required to retain or disclose Your Content: (a) in order to comply with applicable laws or regulations; (b) in order to comply with a court order, subpoena or other legal process; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
       3. may be required to retain or disclose Your Content in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of the App.
    5. You understand that even if you seek to delete Your Content from the App, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via the App. Further information on your rights in relation to Your Content are set out in our Privacy Policy.
    6. We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations or in accordance with the Copyright Policy. We reserve the right to artificially manipulate the visibility, status, or rank of Your Content on the App.
    7. Responsibility for Your Content
       1. You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content - we recommend that you keep a back-up copy of it at all times.
       2. You must at all times ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use Your Content, and to grant us and other third parties the rights as set out in these Terms; and (b) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate any applicable laws or regulations or the rights of any person.

 

11. ACCURACY OF INFORMATION AND AVAILABILITY OF THE APP
    1. While we try to make sure that the App is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the App will be fit or suitable for any purpose. Any reliance that you may place on the information on this App is at your own risk.
    2. We may suspend or terminate operation of the App at any time as we see fit.
    3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    4. While we try to make sure that the App is available for your use, we do not guarantee that the App is available at all times nor do we guarantee the uninterrupted use by you of the App.

 

12. HYPERLINKS AND THIRD PARTY SITES/APPS
    1. The App may contain hyperlinks or references to third party websites/apps. Any such hyperlinks or references are provided for your convenience only and to facilitate access to the Services. We have no control over third party websites/apps and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site/app may be governed by the terms and conditions of that third party site/app.
    2. We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by the App, including content provided by users of the App or by our advertisers. You acknowledge and agree that by using the App, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from the App by you is at your own risk. Your use of the App does not give you any rights in or to any content you may access or obtain in connection with your use of the App.
    3. We also do not guarantee the quality, reliability or suitability of any third party services, programs or websites provided, made available, advertised or linked through the App (including any of the App’s associated platforms or services) and we will bear no responsibility for your use of or relationship with any such third parties services, programs or websites, including any payment obligations or fees that you may incur in your use of such third party services or websites.
    4. We may review (but make no commitment to review) content (including any content posted by App users) or third party programs or services made available through the App to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party programs or services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of the App.
    5. There may be, from time to time, third party content, programs and/or services on the App that are subject to further terms from that third party – for examples, terms from the relevant third party that originally produced or created such content or service, terms in relation to promotional activities being held on the App. You are solely responsible for reviewing and complying with any such third party terms and conditions.
    6. We have the right to remove, at our sole discretion and without notice to you, any content, programs and/or services that are made available on the App (including any of the App’s associated platforms or services), in accordance with these Terms.

 

13. LIMITATION ON OUR LIABILITY
    1. Except for:
       1. death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
       2. fraud or fraudulent misrepresentation;

we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).

1. You agree that you are making use of our App at your own risk, and that the App is being provided to you on an "AS IS", and "AS AVAILABLE", basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

1. The contract for sale shall be personal between the Technite (the person offering and/or selling Services using the App) and the Buyer (the User/ the person ordering Services using the App) and We shall not be responsible for nor have any liability in terms of any dealings between the Seller and the Buyer. For the avoidance of doubt We shall not be responsible for nor be liable with regards to the delivery of or the payment for the Services or with regards to the safety or quality of the Services supplied.

 

1. THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US (AND, WHERE RELEVANT, OUR AFFILIATE COMPANIES). YOUR DEALINGS WITH ALL THIRD PARTIES (INCLUDING THOSE FOUND THROUGH, PROMOTED THROUGH, ACCESSED VIA HYPERLINK THROUGH OR OTHERWISE THROUGH THI APP), ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES (INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN THE APP), NOTWITHSTANDING YOUR ENGAGEMENT WITH ANY SUCH THIRD PARTIES THROUGH THE APP.

 

14. EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

 

 

15. RIGHTS OF THIRD PARTIES

No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.

 

16. VARIATION

These terms are dated ... No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the App and by continuing to use and access the App following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

 

17. DISPUTES
    1. Except to the extent that: (a) any applicable additional terms incorporated into these Terms provide differently, or (b) the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):
       1. these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the Republic of Zimbabwe; and
       2. any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Commercial Arbitration Centre in Harare under the Commercial Arbitration Centre Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Harare. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

 

18. TERMINATION
    1. These Terms will apply to your use of the App until your access to the App is terminated by either you or us.
    2. You may terminate your use of the App, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of the App or these Terms which you do not agree to). If the terminated service is a paid service, we may deduct from any refund a reasonable proportion of such fee as compensation for the costs incurred by us in ending the relevant service.
    3. We may suspend or terminate your access to your account or any or all of the App:
       1. if we undertake maintenance or support of the App;
       2. to make changes to the App as notified by us to you;
       3. if we reasonably believe that you have breached these Terms;
       4. if your use of the App creates risk for us or for other users, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
       5. if you fail to use the App for a prolonged period;
       6. if such suspension or termination is required due to Applicable Laws; or
       7. to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion,

and where reasonably practicable, we will give you advance notice of any suspension or termination.

1. If we suspend your access to any or all of the App then, to the extent permitted by applicable laws and regulations in your jurisdiction: (a) you remain responsible for all fees accrued through the date of suspension (including where the fees were incurred before suspension date but performance of the relevant obligations were after the suspension date); and (b) you remain responsible for any applicable fees for any part of the App to which you continue to have access.
2. If your access to the App is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate; (b) you remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date); and (c) you will immediately permanently delete all copies of the App Software to which the termination relates and you will immediately cease accessing and using any such App Software.