ABUZZ TERMS AND CONDITIONS
abuzz Subscriber Agreement v2.1
Terms of Service
Please read these Terms and Conditions of Service ("TOS") carefully before using this site and services offered by Abuzz,co.za. and Abuzz.mobi ("Abuzz"). By continuing to access or use these sites, or any service on this site (collectively the "Service"), you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. Abuzz provides the services subject to these TOS. From time to time, Abuzz may modify these TOS at any time for any reason in its sole discretion, without notice. Abuzz may post an alert to registered users of a change to these TOS (either on the homepage or via email). Accordingly, please continue to review these TOS whenever accessing or using this site and the Service. Your use of the site, or any Service on this site, after the posting of modifications to these TOS will constitute your acceptance of the TOS of service, as modified. If, at any time, you do not wish to accept the TOS, you may not use the site or the Abuzz products. Any TOS proposed by you which are in addition to or which conflict with these TOS are expressly rejected by Abuzz and shall be of no force or effect.
In this Agreement, unless a contrary intention appears –
1.1. The clause headings in this Agreement have been inserted for purposes of convenience only and will not be taken into consideration in its interpretation;
1.2. Any reference to (i) the singular includes the plural and vice versa, (ii) any gender includes the other genders and (iii) a natural person includes a juristic person and vice versa;
1.3. The rule of interpretation that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract and any other similar rules of interpretation, shall not apply to this Agreement and the Parties waive any rights they have to rely on such rules;
1.4. Unless the context indicates a contrary intention, the words and expressions defined in clause 2 shall, throughout this Agreement, bear the meanings assigned to them in that clause 2 and related expression shall bear corresponding meanings;
1.5. Any reference to "days" shall be construed as being a reference to calendar "days" unless qualified by the word "business" in which instance a "business day" shall be any day other than a Saturday and a Sunday and/or a public holiday as gazetted by the Government of the Republic of South Africa from time to time. Any reference to "business hours" shall be construed as being the hours between 08h00 and 17h00 on any business day;
1.6. The words "include" and "including" means "include without limitation" and "including without limitation". The use of the word "including" followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it;
1.7. Terms other than those defined within this Agreement will be given their plain English meaning, and those terms, acronyms, and phrases known in the Information Technology industry will be interpreted in accordance with their generally accepted meanings;
1.8. Defined terms appearing in this Agreement in title case shall be given the meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with the ordinary meaning as qualified by clause 1.7 and shall, unless the context otherwise indicates, include the term as defined.
All terms used in the following text shall have the following meanings:
2.1. "Service" means the Abuzz product range and associated services for communities and related communication, information and safety services and technology provided by the Service Provider;
2.2."Subscriber" means any person or legal entity who enters into a Subscription/License Agreement with the Service Provider in order to utilize the Abuzz products and services;
2.3. "Subscription/License" means the agreement entered into by the Subscriber in order to utilize the Abuzz products and services, requiring a monthly Subscription Fee, payable to the Service Provider;
2.4."Terms of Service (TOS)" means this Agreement;
2.5. "Abuzz software" means the software developed and owned by the Service Provider and whereby authorised access (login username and password) is required by the Subscribers to connect to or enable the use of the Abuzz products and services;
2.6. "Effective date" means the date upon which the Subscriber accepts this agreement.
2.7."User support" means support provided to subscribers and recipients of Abuzz products via personal, telephonic, internet or e-mail communication.
2.8. "Product support" means support provided by Service Provider to Sales Representative on product functionality, releases and features.
2.9. "Technical support" means specialized support provided by Service Provider on technical aspects of the product.
2.10. "Service Desk" means a single point of telephonic and e-mail contact provided by Service Provider or third party as communicated.
2.11. "Trademarks" means any and all trade marks, service marks, signs, logos, business names and other distinguishing features owned by the Service Provider or in respect of which Service Provider has rights and that are made available to Marketer pursuant to this Agreement;
2.12. "Authorised purpose" shall mean the utilisation and access of the authorised data and technology;
2.13. "Managed community" shall mean a physical community or a virtual community;
2.14. "Physical community" shall mean any gated or closed residential area, estate, townhouse complex, block of flats, hostel which is actively managed by a management body;
2.15. "Virtual community" shall mean any non-physical community (CPF, customer community of a business, school, church, farming community, sports club, etc) which is actively managed by a management body;
2.16. "unit" shall mean a single owned and rentable household unit, with an identifiable number, within a Physical Community;
2.17. "body corporate" shall mean the body which owners and or tenants of a Physical Community nominated and legally voted for that are responsible for handling matters and concerns of all residents including the decision-making in the best interest of all residents;
2.18. "management body" shall mean the company, body , or institution appointed by the body corporate for the management of a Physical Community; or the company, body , or institution responsible for the management of a Virtual Community;
2.19. "system" shall mean the Abuzz product and technology in its entirety. A web-based and/or mobile product that is accessible via the Internet and requires a live connection to the Internet (through dial-up, DSL, WiFi, 3G Broadband or other WANs)
2.20. "product" shall mean the "system"
2.21. "user/s" in general shall mean the individual registered users of the system including the management body. For Physical Communities in particular users include all owners and or tenants and the members of the body corporate;
2.22. "spatial data" shall mean the maps, aerial photos or satellite images owned by Service Provider including, but not limited to, any graphics, text, databases, indexes, literary or artistic material, the rights to which have been acquired by the Service Provider;
2.23. "user data" shall mean the data captured by the Licensee and stored in the Product's database;
2.24. "Service Provider" shall mean Comsuite (Pty) Ltd, its successors or assigns, a private company incorporated in accordance with the company laws of South Africa with registration number 2008/013029/07, the creator of the technology;
2.25. "Security Company" shall mean a legally registered security company solely responsible and appointed by the body corporate to manage and enforce the security of a Physical Community;
2.26. "User Rights" shall mean the level of access to information allowed by the system to the User registered under a specific profile as explained in the Service Level Agreement.
2.27. "Participating Outlet" shall mean the supplier where your abuzz loyalty card was issued or where you redeem a special offer offered by the outlet.
3. GENERAL TERMS OF SERVICE
3.2. Intellectual Property. This Service, including but not limited to the Web site, text, content, photographs, video, audio, graphics software and source code, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of South Africa and other countries, and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of Abuzz. The Service is also protected as a collective work or compilation under South African copyright and other laws and treaties. All individual elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service or the TOS.
3.3. Use of Material. Abuzz authorizes you to access and use the Service solely for (1) your own personal, non-commercial use, and/or (2) Community Management use (if contracted). You may not sell or modify the Service, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Service in any way for any public or commercial purpose. As an express condition of your use of the Service, you warrant to Abuzz that you will not use the Service for any unlawful purpose or purpose prohibited by these TOS. If you violate any part of these TOS, your permission to use the Service automatically terminates and you must immediately destroy any copies you have made of any material obtained through the Service. Abuzz makes no representation that the Service is legal or appropriate for use outside of South Africa or that it is authorized for export from the South Africa or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the South Africa from which you may access the Service.
3.4. Prohibited Content. Abuzz prohibits the use of the Products or web site by any person or entity that: Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; adult "swinger" promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons. Displays or markets material that exploits children, or otherwise exploits children under 18 years of age. Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content. Posts or discloses any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor). Sells or promotes any products or services that are unlawful in the location at which the content is posted or received. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet. Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings. Not use the Service to: upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. Markets to third party voter registration lists. Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner. Abuzz, at its own discretion, may immediately disable your access to the products or remove all or a portion of your content, without refund, if Abuzz believes in its sole discretion that you have violated any of the policies listed above or this Agreement.
3.5. Subscriber Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Abuzz, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Abuzz does not in all cases control such Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will Abuzz be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another; or collect or store personal data about other users.
3.6. Use Of Service At Your Own Risk. The Abuzz Service contains comment areas, bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities (collectively "Communities"). Abuzz does not control the files, information, or messages (collectively, "Information") delivered to or displayed in the Communities, unless otherwise noted therein, and Abuzz assumes no duty to, and does not, monitor or endorse Information within the Communities, nor does Abuzz represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of these TOS. Abuzz reserves the right at all times to edit, refuse to post, or to remove any Information, in whole or part, that Abuzz, in its sole discretion, deems inappropriate for inclusion in the Communities. Abuzz reserves the right to expel you from or suspend your access to some or all of the Communities for violating the law or these TOS. You acknowledge and agree that Abuzz may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Abuzz, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and Abuzz may need to make changes to conform and adapt to technical requirements of connecting networks or devices. Should you have subscribed to the following components of the Service, the following applies (click here to go to Section 4: Terms of Service: Service Components).
3.7. Restrictions on Use. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Abuzz. You agree to protect the proprietary rights of Abuzz and all others having rights in the Service and Content during and after the term of this agreement and to comply with all reasonable written requests made by Abuzz or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Abuzz in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
3.8. Further Restrictions on Use. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the service, except that you may download material from the service and/or make one print copy for your own personal, non-commercial use (unless otherwise contracted), provided that you retain and do not modify all copyright and other proprietary notices thereon. Modification of the Service's content would be a violation of Abuzz's copyright and other proprietary rights. Additionally you may not offer any part of the service for sale or distribute it over any other medium now or hereinafter known including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Abuzz. Furthermore, you may not use any of Abuzz's trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with Abuzz's consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any of Abuzz's trademarks, trade names or service marks in unsolicited mailings or spam material. You will not spam or send unsolicited e-mails mailings to any person or entity using the service. You may not use any device, software or routine or the like to interfere or attempt to interfere with any site functionality ; take any action that imposes an unreasonable or disproportionately large load on the site infrastructure,; use any e-mail addresses appearing on the site for purposes not relating specifically to the site; access the site by means other than through the interface that is provided by Abuzz, or attempt to access any area of the site to which your access is not authorized; or reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.9. License. You acquire no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Abuzz ONLY for (1) your own personal, non-commercial use, and/or (2) Community Management use (if contracted) in accordance with the TOS and does not transfer any other rights to you.
3.10. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Abuzz, at all times be and remain the sole and exclusive property of Abuzz. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Abuzz for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Abuzz's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Abuzz's prior written approval.
3.11. Fees and Payments. The Abuzz Fee Schedule sets out the fees for access to portions of the Service or the Service as a whole. In no event will you be charged for access to portions of the Service or to the Service unless Abuzz obtains your prior agreement to pay such charges. You will be required to set up a debit order to process the payment (unless otherwise agreed in writing). You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. It the total amount due for a month is smaller than R15, Abuzz will have the right to delay the debit order until the next month. If you do not make timely payment, Abuzz may suspend the Services to you until such time as you pay the full amount due to Abuzz. In addition to any other remedy permitted by law, Abuzz shall have the option of either deducting the outstanding amounts from the cash wallet on your Abuzz Loyalty Card (where applicable), or charge interest on the unpaid balance at a rate of 1% per month. Value added tax at the rate of 14% is charged on goods purchased by South African residents. Account details will be made available online and will be e-mailed to corporate members on a monthly basis.
3.12. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the Service, you will be provided with a subscriber identification ID and a password. You will provide Abuzz with certain registration information, all of which must be accurate and updated. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Abuzz of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Abuzz account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Abuzz's sole discretion, and Abuzz may refer you to appropriate law enforcement agencies.
3.13. Service suspension. The Service Provider may at any time, without notice to the user and in any manner whatsoever suspend the performance of any of its obligations in terms of this agreement in the event that any modifications, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever to the Service Provider's service enabling systems, including but not limited to its information systems and communication system.
3.14. Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS". Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, ABUZZ MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ABUZZ DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE IS FREE OF ERRORS OR VIRUSES, WORMS OR "TROJAN HORSES" AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. UNDER NO CIRCUMSTANCES SHALL ABUZZ, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF ABUZZ, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE OR ANY PROVISION OF TOS AND SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSSES, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF A ABUZZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM AGAINST ABUZZ BY ANY OTHER PARTY OR ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE ON SUCH EQUIPMENT. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE IS NOT MAINTAINED OR CONTROLLED BY ABUZZ. ABUZZ IS THEREFORE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO, OR ADVERTISED ON, THE SERVICE. ABUZZ DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE SERVICE, GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNES OR ADEQUACY OR ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE OR MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE. ABUZZ IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND THAT ABUZZ AND/OR THIRD-PARTY CONTRIBUTORS TO THE SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TOS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL ABUZZ'S LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO ABUZZ FOR THE SERVICES, IF ANY. ABUZZ DOES NOT WARRANT THE COMPREHENSIVENESS, ACCURACY, OR ADEQUACY OF THE SERVICES FOR ANY PARTICULAR USE OR PURPOSE, NOR DOES ABUZZ INDEMNIFY YOU AGAINST ANY CLAIM FOR COPYRIGHT INFRINGEMENT OR ANY OTHER CLAIMS. IN ADDITION, EXCEPT AS AUTHORIZED BY ABUZZ, YOU WILL NOT BY ANY MEANS MAKE OR MAINTAIN A COPY OF ANY PORTION OF THE LIBRARIES OF THE SERVICES FOR ANY PURPOSES WHATSOEVER.
3.15. User consent to electronic notice. By accepting this TOS, the user consents to receiving communications electronically and agrees that all agreements, notices, disclosures and other communications sent by Abuzz or Comsuite satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
3.16. User consent to receipt of promotional material. By accepting this TOS, the user agrees to receive promotional material from Abuzz in the form of SMS, Email or Hardcopy (Post).
3.17. Representations and Warranties. You represent, warrant and covenant that: (a) (i) you are an individual and you are of legal age to form a binding contract or have your parents' permission to do so and you are at least 16years of age or older, or you are a legal person fit to form a binding contract; (b) all registration information you submit is accurate and truthful; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
3.18. Indemnification. You agree to indemnify and hold Abuzz, and its subsidiaries, affiliates, officers, agents, suppliers, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
3.19. Termination. You may terminate your account at any time by sending an e-mail to firstname.lastname@example.org.Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days.You are responsible for all charges incurred up to the time the account is terminated. No refund of monthly subscription fees is applicable if account is terminated before the end of a month. The TOS will terminate immediately without notice from Abuzz if you, in Abuzz's sole discretion, fail to comply with any provision of these TOS or Abuzz in its sole discretion, terminates the Service to you for whatever reason, effective immediately. Upon termination by you or upon termination by Abuzz, you must immediately cease all use of the Service and destroy all materials obtained from the Service and any copies thereof.
3.20. Governing Law. The TOS shall be governed and construed in accordance with the laws of South Africa, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of South Africa with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
3.21. Access Outside South Africa. Abuzz does not represent that materials in the Service are appropriate or available for use in countries outside South Africa. If you choose to access the Service from outside South Africa, you are responsible for compliance with foreign and local laws.
3.22. Miscellaneous. You accept that Abuzz has the right to change the Content or technical specifications of any aspect of the Service at any time at Abuzz's sole discretion. You further accept that such changes may result in your being unable to access the Service.
3.23. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
3.25. Copyright Agent. Abuzz respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Abuzz (either via e-mail at email@example.com mail to address)the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
3.26. Force Majeure. Abuzz shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Services resulting directly or indirectly from any cause of circumstances beyond the control of Abuzz, including but not limited to, Acts of God, acts of public enemy, war, accident, fires, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, postal delays, explosions, governmental orders, or regulations.
3.27. Arbitration. All disputes, controversies, or differences which may arise between the parties, out of or in relation to or in connection with this Contract, or for the breach thereof, shall be finally settled by arbitration in Pretoria, South Africa in accordance with the commercial Arbitration Rules of South Africa. The award rendered by the arbitrator(s) shall be final and binding upon the parties concerned.
4. TERMS OF SERVICE: SERVICE COMPONENTS
4.1. Third Party Web Sites and Services
4.2. Abuzz Loyalty Programme: Card Holders
When you use an abuzz card, you know, understand and comply with these Terms, because they are a binding agreement between you and the Participating Outlet:
4.2.1. The abuzz card can be used in the following ways:
- to redeem the special offers made available by Participating Outlets;
- to make cash purchases at Participating Outlets with the money available in your abuzz wallet.
4.2.2. You can use your abuzz card at any of these Participating Outlets in South Africa.
4.2.3. When you buy from a Participating Outlet, these Terms and the Participating Outlet's terms and conditions will both apply to you.
4.2.4. We may cancel an issued abuzz card if we know or suspect in any way that your card is being used fraudulently, negligently or for illegal activities or if we must do so to comply with the law, without notice to you.
4.2.5. If we cancel your abuzz Card, we will not be liable to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, delict or statute.
4.2.6. We assume no liability whatsoever for any direct or indirect loss, damage of whatsoever nature arising from your use of an abuzz card or howsoever arising.
4.2.7. You hereby indemnify us and hold us harmless against any loss or damage which you or any other person may sustain as a result of any claim, costs, expense, loss or damages that you or any other person may incur or suffer as a result of the use of an abuzz card.
5. Additional Information
If you have any questions about the rights and restrictions above, please contact Abuzz by email at firstname.lastname@example.org.
Copyright ©2008-2011, Comsuite (Pty) Ltd. All Rights Reserved.
Revised February 2011
6.2.Abuzz Fee Schedule (Available on request)