Copyright © 2020 ProfileMe | All Rights Reserved | email@example.com
Welcome to PROFILEME (“the site” or “ProfileMe” ), which allows you to create a digital business card and shorten your way to your next customer – join the revolution!!
Please read this Agreement carefully prior to using PROFILEME.
You must be an adult – i.e., eighteen (18) years old or more (if so required under applicable law) (“Age of Consent”) and capable of lawfully entering into this Agreement.
Prior to using the Services or the site, it is important for you to know and understand that by using the Site and the Services, you are agreeing to accept certain liability limitations and legal disclaimers, which we further explain throughout this Agreement. In other words, your use of the Services and the site is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services, the site or your use of the Services or the site.
By using the services, you consent to receiving this agreement in electronic form. To withdraw this consent, you must cease using the service.
While we do not assume any liability related to content users provide in using the services, we do have the right, but not have any obligation, to monitor such content for any reason whatsoever. You acknowledge that you are solely responsible for all content and material that you provide using the Services and the site.
The site includes general and specific information about the services offered and allows you to purchase them according to the price stated therein.
The site and the Services are used for the formation and marketing of a digital business card. You can share the digital business card with anyone who wants to receive it.
All the samples of the digital business cards displayed are for demonstration purposes only and we do not guarantee that your business card will be formatted in the same manner as displayed on site.
We may offer offers, benefits and discounts, but may at any time stop them, replace them or change them without having to give any prior notice.
When updating the shopping basket, we reserve the right to send you a reminder about an abandoned shopping basket by sending an email to the address entered by you.
HAVING AN ACCOUNT WITH PROFILEME; PAYMENT
For you to enjoy the Services, you must have an account with us.
Registration is restricted to creating a single account for each company. We reserve the right to remove duplicate accounts.
You undertake that any information that you submit including any other information required thereof, shall be correct, accurate, complete and shall not violate the rights of third parties.
All payments are to be made within 7 days of account approval, unless other arrangement have been made which were accepted by both parties and in writing. ProfileMe has a non-refund policy.
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
WE WILL NOT BE LIABLE FOR ANY HARM OR INJURY YOU MAY SUFFER, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICES OR THE SITE.
We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties:
We may supply, deliver or provide the Service via its affiliates and other third parties. By agreeing to this Agreement, you accept that under no circumstances we shall be liable for any consequences caused by an act or omission by our affiliates and third parties not under our direct control.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period.
WE DO NOT MAKE ANY CLAIMS OR WARRANTIES REGARDING THE USE AND THE ACCURACY OF THE SERVICE OR AS TO THE ACCURACY OF THE USER CONTENT YOU MAY FIND USING THE SERVICES. THE SERVICE MAY NOT BE FOR EVERYONE.
WITHOUT DEROGATING FROM THE ABOVE, THE CONTENT PROVIDED BY US OR OTHER USERS IS PROVIDED “AS IS”, AND PROFILEME MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THAT CONTENT WHETHER STATUTORY, EXPRESS OR IMPLIED AND HEREBY DISCLAIMS ALL WARRANTIES FOR SUCH CONTENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH CONTENT.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING ANY DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE USER CONTENT, LOSS OF PROFITS OR REVENUES OF COSTS OF REPLACEMENT GOODS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT WE DO NOT UNDERTAKE THAT PROFILEME, EXTERNAL SUPPLIERS OR THE SERVICE WILL OPERATE WITHOUT MISTAKES OR BE ERRORS FREE OR THAT THE USER CONTENT BE ACCURATE OR THE SERVICE PRODUCE THE RESULTS YOU EXPECT OR ANTICIPATE.
PROFILEME AND THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
We reserve the right, but have no obligation, to monitor any user’s use of the Services. Accordingly, we also reserve the right to disable, suspend or even terminate any user’s use of or access to the Services or part of the Services for any reason, without any notice and without being liable to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) IN NO EVENT SHALL PROFILEME (PTY) LTD, NOR ITS AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES CAUSED TO YOU AS A RESULT OF USING THE SERVICES AND (II) PROFILEME (PTY) LTD, AND ITS AFFILIATES’ AND SUPPLIERS’ TOTAL LIABILITY TO YOU NOT EXCEED THE AMOUNTS PAID BY YOU TO PROFILEME (PTY) OVER THE THREE (3) MONTHS PRECEDING YOUR CLAIM(S).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
You agree to indemnify, defend and hold harmless PROFILEME (PTY), the owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Services, your violation of the Agreement and / or the applicable law, or your violation of any rights of another, including the rights of another user.
ADVERTISING, THIRD PARTY LINKS AND CONTENT
We reserve the right to accept or reject any advertisement submitted for publication on the Site. However, we do not attempt to investigate or verify claims, including claims of compliance with the Agreement made in advertisements appearing in the Site. The appearance of advertising in the Site in no way implies endorsement or approval by us of any advertising claims or of the advertiser, its product or services. We disclaim any liability whatsoever in connection with advertising appearing in the Site.
Your correspondence or dealings with, or participation in promotions of, advertisers and vendors found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors in connection with the Services. All of your dealings with vendors and advertisers in connection with the Services shall be at your sole risk.
The Site may provide, or third parties may provide, links to web sites, applications or other resources (“Resources”). Because we have no control over such Resources, you acknowledge and agree that we are not responsible for the availability of such Resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Resources including but not limited to content which purports to describe the Services offered on by us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Resources.
Our logo and trademarks, whether registered or not, may not be copied, imitated or used, in whole or in part, without our prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Our name, logos and technologies are the exclusive property of PROFILEME (PTY) LTD. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
PROFILEME (PTY) LTD owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.
You hereby grant, and you represent and warrant that you have the right to grant to us an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to use in any way we deem fit your User Content. You agree to irrevocably waive any claims of moral rights with respect to your User Content.
Parts of the Service is controlled, operated and administered by third parties outside of South Africa. If you access the Service you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
DISPUTE RESOLUTION, JURISDICTION & GOVERNING LAW:
This Agreement, and any dispute between you and PROFILEME (PTY) LTD or THIRD PARTY SUPPLIERS, shall be governed by the laws of the relevant states without regard to principles of conflicts of law.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PROFILEME (PTY) LTD as a result of this agreement or use of the Services. If there is a dispute between users or between them and any third party, you understand and agree that PROFILEME (PTY) LTD is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PROFILEME (PTY) LTD, its officers, employees, agents, external suppliers and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from PROFILEME (PTY) LTD electronically. PROFILEME (PTY) LTD may provide all such communications by email or by posting them on the Services. For support-related inquiries, you may send an email to firstname.lastname@example.org
Nothing herein shall limit PROFILEME (PTY) LTD’s right to object to subpoenas, claims, or other demands.
This Agreement may not be modified except by a revised Agreement posted by PROFILEME (PTY) LTD or a written amendment signed by an authorized representative of PROFILEME (PTY) LTD. A revised Agreement will be effective as of the date it is posted on the Site.
Last Revised: Aug 22, 2019
PROFILEME – COMMERCIAL USE TERMS AND CONDITIONS
The Services shall include commercial license (non-exclusive, revocable, non-transferable, limited by scope and only for the duration of the Agreement) to use, using a PROFILEME + (“Solution”), (x amount) digital business cards per year (according to the specific cost proposal sent to the client) or any other amount agreed by the parties prior to each Renewal Term (“The Agreed Annual Plan”), which has the following features and which allows the Customer to:
The Services shall also include the Support Services & the Welcome Services, detailed below.
The Solution, its reputation, the know-how, the professional knowledge and any intellectual property rights vested in the Solution, is and shall remain the sole and exclusive property of the Company. Apart from the above Services, no right, patent, trademark or license related to the Solution is conferred upon to the Customer under the Agreement.
Company warrants to the Customer that it has the full rights to provide it the Services under this Agreement. Customer acknowledges that copyright and other industrial, intellectual and marketing rights in the Solution is and shall remain the property of the Company. Customer agrees to use the Solution solely for its own internal use, and agrees not to disassemble, reverse compile, or reverse engineer the Solution or take any action in order to derive a source code equivalent of the Solution, nor permit the use of the Solution by unauthorized persons. Customer agrees to promptly report to the Company any violations of these provisions by Customer’s employees, consultants or agents of which Customer is aware of.
The Customer shall pay the Company, as a condition precedent for receiving the License and the Support Services for each 12 months term (the Initial Term or any Renewal Term) the yearly minimum fee agreed for that term and shall do so no later than 20 days prior to the commencement of that term. For the Initial Term, Customer shall pay the Company a net sum of (x) R (South Africa Rands). (according to the specific cost proposal sent to the client).
Upon receipt of the yearly minimum fee the Company shall provide the Customer with account number which shall enable the Customer to use the License for that particular 12 months term.
Customer acknowledges and agrees that the Agreed Annual Plan per each term reflects its needs as communicated to the Company for that term and it is committed to that Plan for that term. Customer cannot downgrade the Plan during that term but can choose to upgrade it at any time. For each additional digital business card over and above the Agreed Annual Plan, during each year of the Agreement, Customer shall pay the Company a net sum of R x (South Africa Rands) per month of use. (according to the specific cost proposal sent to the client)
Payments for the additional digital business cards are to be made no later than 20 days from the end of the month they were produced.
The yearly minimum fee and any other Fees for the Services are to be done via EFT by the Customer to Company’s bank account. Customer shall be responsible for any commissions, charges or any other payments required by the Customer’s bank to facilitate the transfer of the Fees to the Company under this Agreement.
The Customer acknowledges that non-payment of the yearly minimum fee shall result in the immediate revocation of the License and termination of this Agreement without derogating from any right Company may have under this Agreement or the applicable law.
Upon receipt of any fees, Company shall issue the Customer a lawful invoice. Overdue payments shall accrue interest of 7.5% per month and subject to increases in the South African Consumer Price Index until fully paid. Under no circumstances shall the Customer deduct sums from any Fees due to Company under this Agreement without Company’s prior written consent.
All payments under this Agreement shall be inclusive of any value added (e.g. tax) which shall be payable by the Customer to the Company, if applicable.
Company shall use reasonable endeavors to correct bugs and other problem encountered in the Solution and in general shall be available for support services, by e-mail only, Monday to Friday between 09:00 – 17:00 local time, excluding national holidays (“Support Services”).
In no event shall Company be liable for an act or omission by third parties not under its direct control, force majeure events, loss of data, profits, goodwill, loss of anticipated savings, lost computer time, cost of purchasing replacing services or products, or any other indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in any way connected with the Services. In no event shall Company’s cumulative liability for any damages caused to the Customer as a result of Company’s act or omission under this Agreement, exceed the amount paid by the customer to Company under this Agreement preceding the event(s) giving rise to Company’s liability.
The customer shall not assign or transfer its rights and obligation under the Agreement, to any third party, without Company’s prior written consent.
Under no circumstances – unless compelled so by applicable law – shall Company convey to 3rd parties data related to the Customer or its employees (“Customer Data”). Company shall not access or interact with Customer Data unless allowed to do so by the Customer in order to provide it with the Support Services.
The Initial Term of this Agreement shall commence upon receipt by the Company of the fee stated in section 6 above (“Effective Date”) and shall be in effect for a minimum duration of 12 months from that fate (“Initial Term”). Subject to the Payment of the yearly minimum fee, as the case may be, each term shall be extended for additional 12 months periods (“Renewal Terms”) each time. Notwithstanding the above each party may terminate the Agreement: (a) by providing a notice to the other party of its intention not to renew the Agreement 60 days prior to the expiration of the Initial Term or any Renewal Term (b) at any time upon material breach of the other party obligations if not cured within 7 business days from receipt of a written notice detailing such breach (c) by the Customer no later than 30 days after the commencement of the Initial Term.
The Customer acknowledges that the Services are provided “AS IS” and to the best of Company’s professional capabilities without any warranty not included specifically in this Agreement, including without limitation, the warranties of merchantability or fitness for a particular purpose.
This Agreement constitutes the entire agreement between the Customer and the Company related to the Services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by the Agreement. To the extent. If any provision of the Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
The laws of South Africa shall govern these Terms and each party submits itself to the exclusive local jurisdictions of the legal courts located in Cape Town, South Africa.
The Client has to ensure they have the Copyright for all materials supplied. ProfileMe does not take any responsibility for any and all content supplied from, or on behalf of, the Client without proper Copyright whatsoever. This includes instructions from The Client on materials and concepts to be collected and constructed by ProfileMe on behalf of The Client. ProfileMe, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes. If and when ProfileMe is informed that material was provided or constructed without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
Cease and Desist Notices
ProfileMe is required by law to comply to any cease and desist notices pertaining to the content of The Client’s website. ProfileMe, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any damages due to a cease and desist notice. If and when ProfileMe is informed of a cease and desist notice content pertaining to the notice will be removed immediately and the Client will be billed with the cost thereof.