COLD CALL APP TERMS AND CONDITIONS OF USE
1. Acceptance of Terms and Conditions of Use
1.1. By using our application, you agree to accept and be bound by:
1.1.1. These terms and conditions of use of our application and hardware (“Terms and Conditions of Use”), as well as all other terms and conditions contained on our application from time to time (collectively the “Application Terms and Conditions”), including, for example, the terms and conditions of promotions that we may run from time to time. Should there be any difference between the terms and conditions of the promotion and this document, the terms and conditions of the promotion will apply; and
1.1.2. Our customer terms and conditions, where applicable.
1.2. These Application Terms and Conditions become effective when you access the application for the first time and will constitute a binding agreement between us and you from then, which will always prevail. We reserve the right to amend our Application Terms and Conditions from time to time. By accessing the application, you agree to be bound by the version of the Application Terms and Conditions contained on our application at the time of your visit to our application. You must therefore read the applicable terms and conditions on the application every time you use it!
1.3. The Application Terms and Conditions may be printed and saved by opening the relevant web page and clicking on the browser /Word/ Acrobat Reader Toolbar, as the case may be.
2. Using the application
2.1.1. You may need to register for certain services on our application. We reserve the right to accept or reject your request to register at our sole discretion.
2.1.3. It is your responsibility to maintain the confidentiality of any passwords or PINs that you choose or that we give you, as a result of registering for any services on our application. We may, at our sole discretion, revoke your password or PIN at any time for any reasonable reason.
2.1.4. You agree to notify us immediately of any unauthorized use of your password, PIN or account. We are not responsible or liable, directly or indirectly, for any loss or damage of whatsoever kind that you may suffer as a result of, or in connection, with your failure to comply with this clause 2.1.4
2.2. Formation and validity of agreement
You acknowledge and agree that:
2.2.1. If you buy products through and/or make use of services offered on our application, you may be subject to certain fees and charges. You must pay for the products and/or services in order to use them.
2.2.2. The advertising of any services on our application is not an offer to sell you the services, but merely an invitation to you to do business with us.
2.2.3. By (i) selecting or applying for services on our application; or (ii) making the necessary payment therefore; or (ii) giving us your information, you are making an offer to us to purchase the services from us. We may elect, at our sole and absolute discretion, to accept or reject your offer to purchase the services. For example, we may elect to refuse your offer if you fail to meet our internal credit or other vetting requirements.
2.2.4. We will advise you of our acceptance or rejection of your offer to purchase within a reasonable time of our receipt of your offer to purchase.
2.2.5. A binding purchase and sale agreement will only exist between us when, and if, we accept your offer to purchase the services. Our agreement will be deemed to have been concluded in Paarl, Cape Town, Western Cape Province and at the time we communicate acceptance of your offer to you.
2.3. Permitted Use of our Application
2.3.1. Provided that you always abide by the Application Terms and Conditions, you may download, view and print our application material for legitimate personal and non-commercial purposes only.
2.3.2. You agree and acknowledge that you may not:
126.96.36.199. Alter, modify, decompile, reverse, engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, license and/or create derivative works from our application or application material, whether electronically or otherwise;
188.8.131.52. Use our application or application material for, or in order to do, anything illegal, unlawful, immoral, and harmful or anything that this document prohibits, or for any illegal, unlawful or immoral purpose;
184.108.40.206. Copy, reproduce, distribute, transmit, display, broadcast and/or publish any of our application material without our prior written consent. Where we elect, at our sole discretion, to grant you such consent, you may only do so if you keep and display all trademarks, trade names, copyright, ownership, proprietary and confidentiality notices exactly as they are displayed are on our application; and/or
220.127.116.11. Transfer any rights and/or obligations that we may grant to you in this document to any third party or entity.
18.104.22.168. If you do any of the above, we may claim damages from you or institute criminal proceedings against you.
3. Changes to our application
3.1 In addition to amending, altering adding to or deleting any Application Terms and Conditions from time to time, we may change, amend, suspend, withdraw and/or discontinue any aspect, feature, product, service and/or information contained on our application at any time without notice to you. We may also impose limits on certain features and services or restrict your access to any or all of the application from time to time without notice or liability.
3.2 We may also change the software and hardware required to access and use the application from time to time, without any notice or liability.
4. Intellectual Property
4.1 The Intellectual Property is owned by us, used under licence or with permission from the Intellectual Property owners. In particular, you should note that “Cold Call”, “Cold Call South Africa” and our logo are registered trademarks of Callgrab (Pty) Ltd. (“the Names”), who is the registered owner of all rights of whatever nature therein.
4.2 You may not copy, reproduce, display or use any Intellectual Property or the Names in any manner whatsoever without our prior written permission and nothing contained on our application should be construed as granting any license or right of use of any Intellectual Property or the Names.
5.1 Your use of our application and the hardware provided are entirely at your own risk and our application is provided “as is”.
5.2 We may refer to products of phone and accessory manufacturers on our application from time to time. We have no control over this information and we make no representations or warranties of any nature as to this information’s accuracy, appropriateness or correctness. You agree that such information is provided “as is” and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.
5.4 To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose of our application and hardware and the application thereof.
5.5 We do not warrant that the functions contained on our application or application material will:
5.5.1 Meet your requirements or operate in the combination selected by you;
5.5.2 Be uninterrupted, timely, secure or error free;
5.5.3 Be free from viruses, trojans, bombs, time-locks, defects, errors or other harmful components. We also do not warrant that any defect or errors will be corrected;
5.5.4 Provide specific, accurate or reliable results or that any content, search or link on the application or application material will be accurate or reliable.
5.6 Each provision of this clause is severable from the other and if any clause is deemed to be illegal, invalid or unenforceable that clause will not apply but the remaining clauses will remain valid and enforceable.
6. Limitation of Liability
6.1 Although we take all reasonable precautions in operating our application, neither we, nor our agents or representatives, take any responsibility, nor will any of us be liable for any damages to, or for any viruses that may, infect your computer equipment or software or other property as a result of your access to, use of or browsing of our application or your downloading of any materials, data, text images, video or audio from our application. If you download, or otherwise access any material from our application, you do so at your own risk and you will be solely responsible for any damage to your computer system or loss of data that may result there from.
6.2 You agree that under no circumstances whatsoever, including as a result of our or our employees, agents, contractors and/or supplier’s negligent acts or omissions, shall we, our agents, contractors and/or suppliers be held liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damages of any kind whatsoever, whether caused (whether under contract, delict or otherwise) and whether the loss was actually foreseen or reasonably foreseeable), including, but not limited to, any loss of profits, loss of revenue, loss of operation time, corruption, information and/or data.
6.3 You further agree that you take full responsibility for the backup of any recording, data, voice clips, MP3, MP4 and any other information that we store on your behalf. We will not take any responsibility, nor will any of us be liable for the loss of any recording, data, voice clips, MP3, MP4 and any other information that we stored on your behalf.
7.1 We implement a variety of security measures to maintain the safety of your personal information when you access your personal information.
7.2 We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
8. Governing Law
Our application is hosted, controlled and operated from SA. We both agree that all application terms and conditions will be governed by, construed and interpreted on accordance with the laws of SA. To the extent that a court has jurisdiction over any matter between the parties arising out of or in connection with the Application Terms and Conditions, we both consent to the jurisdiction of the Western Cape High Court of South Africa.
9. Legal Service of Documents and Notices
We choose the physical address contained under Contact Us for all purposes under the Application Terms and Conditions for service of all processes, notices, documents and/or other communication of whatsoever nature.
Any provisions in the Application Terms and Conditions that are, or may become, illegal, invalid or unenforceable will not apply but the remaining Application Terms and Conditions will remain valid and enforceable.
11. Full Legal age
By using our application, you warrant that you are of full legal age and full legal capacity, alternatively, that you are emancipated or have your guardian’s consent to enter into and agree to use our Application Terms and Conditions.