USER AGREEMENT
- Purpose.
The mission of ConnectMeNow is to connect and arrange a database of all local businesses situated in the Republic of South Africa to enable them to be more productive and successful. To achieve this, we make services available through our website, mobile applications, and developer platform, to help businesses promote their services, and members of the public to find and locate businesses geographically; establish contact details for businesses, assess the quality of the service provided by businesses; access property information; and access special offers and other promotions offered by these businesses.
- Scope and Intent.
- You agree that by registering on ConnectMeNow, or by using the website, including our mobile applications, developer platform, services, or other information provided as part of the ConnectMeNow services (collectively “ConnectMeNow” or the “Services”), you are entering into a legally binding agreement with Smart Directory (Pty) Ltd T/A Connect Me Now, Registration Number 2015/092771/07, 1st Floor, 35 On Rose, Rose Street, Bo Kaap8001 (“we,” “us,” “our,” and “ConnectMeNow”) based on the terms of this ConnectMeNow User Agreement (the “Agreement”) and become a ConnectMeNow User (“User”). Users include businesses who list their services on the website and members of the public who access to the website.
- If you are using ConnectMeNow on behalf of a company or other legal entity, you represent and warrant that you are authorized and lawfully able to bind that company or legal entity to this Agreement. We may in our discretion request that you furnish us with evidence of such authority.
- The place of conclusion of the Agreement between us is our main place of business in Cape Town, South Africa.
- If you do not want to register an account and become a ConnectMeNow User, do not conclude the Agreement, do NOT join ConnectMeNow and do not access, view, download or otherwise use any ConnectMeNow webpage, information or services.
- By joining ConnectMeNow you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
- Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the sections to follow.
- CONSUMER PROTECTION ACT
- In regard to any Users who are consumers for purposes of the Consumer Protection Act 68 of 2008, as amended (“CPA”) the provisions listed in clause 4.2 below are expressly drawn to your attention because such provisions :
- may limit the risk or liability of ConnectMeNow or a third party; and/or
- may create risk or liability for you; and/or
- may compel you to indemnify ConnectMeNow or a third party; and/or
- serves as an acknowledgement, by you, of a fact.
- The relevant provisions for purposes of clause 4.1 are:
- clause 7 in terms of which you agree to indemnify us from certain third party claims. The effect of the indemnity is that you may be obliged to reimburse us if any third party makes a claim against us in connection with the matters referred to therein;
- clause 20 in terms of which you agree to us limiting the type of damages and other amounts you may claim from us. The effect thereof may be to reduce and/or waive and/or limit certain claims you might otherwise have had against us.
- Nothing in this Agreement is intended to or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or ConnectMeNow in terms of the CPA.
- If you are a juristic person :
- you may have furnished us with copies of your financial statements and/or made other disclosures of a financial nature (collectively the “financial disclosures”) to us for purposes of us determining whether the CPA applies to this Agreement;
- you warrant and undertake that the financial disclosures are true, accurate and correct at the time same were furnished;
- to the extent we rely upon the warranties in clause 4.4.1 and 4.4.2, you indemnify us in respect of loss, damage or expense incurred or suffered by us in connection with a breach thereof.
- In regard to any Users who are consumers for purposes of the Consumer Protection Act 68 of 2008, as amended (“CPA”) the provisions listed in clause 4.2 below are expressly drawn to your attention because such provisions :
- CONTENT
- You alone are responsible for your content.
- Users are prohibited from posting unlawful content, including defamatory, insulting, private, racist, sexist, threatening, harassing, degrading, fraudulent, obscene, indecent, misleading, abusive or otherwise objectionable material on ConnectMeNow.
- Users are prohibited from posting content or using language that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Users are prohibited from posting content that would constitute, encourage, promote or provide instructions for the conduct of an illegal activity, criminal offence, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law.
- Users are prohibited from posting personal information such as their name, email address, contact details, address and any other identifying information.
- Users are prohibited from impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity, including ConnectMeNow.
- Users are prohibited from posting advertising and other content containing commercial activities in their reviews, including unsolicited promotions, mass mailing or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, contests, raffles, solicitations, sweepstakes, barter and pyramid schemes.
- By posting a review, you confirm are a bona fide customer of the business that you are writing a review about, and that all facts contained in your review are true and accurately describe your experience. You agree that you have not been furnished with any incentive or payment by the business to write a review.
- Your contributions should be unbiased and objective. For example, you shouldn’t write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group.
- Please make sure your contributions are relevant and appropriate to the forum. For example, ConnectMeNow is not a platform for employees to write reviews about their employers.
- Don’t post other people’s private information without their permission.
- Don’t use the intellectual property of a third party without their permission. In this regard Users are prohibited from posting content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, Users may not post content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
- Users are prohibited from posting viruses, corrupted data or other harmful or destructive files.
- in the case of Users that are businesses, you undertake that you will not attempt to mislead, influence or impersonate a competing business or consumer including by:
- writing a review of your own business;
- getting your employees to write a review of your business;
- writing a review of any business that your owners are employed at, own, manage, or have a financial interest in;
- utilising any optimisation company, marketing organisation, or third party to submit reviews;
- impersonating a competitor;
- offering incentives in exchange for reviews, including discounts or special treatment.
- asking friends or relatives to write positive reviews.
- submitting reviews on behalf of consumers;
- pressuring consumers to remove a negative review on ConnectMeNow.
- asking consumers to remove their reviews in return for a discount or incentive.
- prohibiting or discouraging consumers from posting negative or critical reviews of their experience.
- reviewing a direct competitor, even if you are a bona fide customer of the competitor.
- You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable.
- You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein.
- You may not imply that your content is in any way sponsored or endorsed by ConnectMeNow.
- You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- You may request the deletion of your content at any time and we will delete it within a reasonable period of receiving your request but we cannot guarantee another User has not copied or stored such content on devices outside of our control.
- Additionally, you grant ConnectMeNow a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any content you provide, directly or indirectly to ConnectMeNow, including, but not limited to, any User generated content, ideas, concepts, techniques or data to the services, you submit to ConnectMeNow, without any further consent, notice and/or compensation to you or to any third parties.
- Any content you submit to us is at your own risk of loss.
- Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from the Services, or not otherwise prohibited from having a ConnectMeNow account, (2) are not a competitor of ConnectMeNow or are not using the Services for reasons that are in competition with ConnectMeNow; (3) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any rights of ConnectMeNow, including intellectual property rights such as copyright or trademark rights; and (5) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
- Indemnification.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit, and (3) any activity in which you engage on or through ConnectMeNow.
- Electronic Communications And Transactions Act
Information and required disclosures under section 43 of the Electronic Communications and Transactions Act 25 of 2002, as amended that are not contained elsewhere in this Agreement:
- the full name and legal status of ConnectMeNow is Smart Directory (Pty) Ltd, Registration Number 2015/092771/07, a company duly incorporated in accordance with the laws of the Republic of South Africa, whose full and further details appear hereunder:
- Director: Mark Jaftha;
- Telephone Number: 087 806 6080;
- E-mail Address: mark.jaftha@seeff.com;
- Website: www.connectmenow.co.za;
- Physical Business Address: 1st Floor, 35 On Rose, Rose Street, Bo Kaap, 8001.
- Records of transactions: Where you conclude an order for any subscriptions on this website, this will be confirmed by a statement displayed online immediately after the order is submitted and can be saved or printed. In addition, your order history may be viewed on the website under the Accounts header.
- Subscriptions
- If you are a business promoting your services on the website, you must purchase a subscription (“Subscription”), either on an annual or monthly basis.
- You agree to complete and sign the debit order form available at www.connectmenow.co.za/debitorder and to permit ConnectMeNow to store your payment information.
- You also agree to pay the applicable fees for the Subscription by way of the debit order as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
- Your obligation to pay fees continues through the end of the subscription period during which you cancel your Subscription.
- Subject to clause 9.4, you may cancel your Subscription with 30 (thirty) days written notice to us.
- You should regard nothing contained on this website as an offer by ConnectMeNow to sell any products or services to you, but rather as an invitation for you to do business with ConnectMeNow.
- Any order for a Subscription that you place through this website constitutes an offer by yourself to purchase a Subscription from ConnectMeNow in the manner contemplated further herein (“the Offer”).
- You may submit Offers via this website at any time in the manner contemplated below.
- When making an Offer, you will be required to complete the entire checkout process with respect thereto (“the Checkout Process”), which Checkout Process shall include but not be limited to you:
- selecting the relevant Subscription service; and
- reviewing the details of the entire Offer and confirming that same are correct.
- A binding agreement between yourself and ConnectMeNow in respect of any Offer will only be entered into at the stage at which ConnectMeNow receives the Offer and confirms its acceptance thereof to you (“the Order”). ConnectMeNow reserves the right to refuse to accept any Offer.
- All prices of Subscriptions are in South African Rand values and are inclusive of value added tax (“VAT”), unless otherwise stated.
- The price payable by yourself for the Order will be the VAT inclusive amount reflected on this website during the Checkout Process in respect of the purchase price of the Subscription.
- You may contact us via email at keri@connectmenow.co.zato obtain a full record of your transaction. We will confirm your Order with you via email once your Order is placed with us and you have provided us with your email address.
- Subject to clause 9.15, no Subscription services shall commence in respect of any Order until payment in full in respect of such Order has been received and verified by ConnectMeNow.
- If the applicable terms of the Subscription service provided for recurring payments on a monthly, quarterly or other basis, then:
- no Subscription service shall commence in respect of any Order until payment in full of the first installment payable in respect of such Order has been received and verified by ConnectMeNow;
- your continued access to the Subscription service shall be conditional on you continuing to make payment of the subsequent installments, as and when they fall due for payment.
- A Subscription service purchased in terms of an Order will, for all purposes herein, be deemed to commence on the date and at the time the payment is received by ConnectMeNow as set out in clause 9.14 or 9.15.1, as the case may be.
- All amounts shall be paid by you without deduction or set-off whatsoever.
- Once an Offer has been accepted by us, same will not be capable of being cancelled and you will be held liable for the full value of the Order; provided that:
- you will be entitled to, in terms of section 44 of the ECT Act, cancel such Order within 7 (Seven) days after the date of access to the Subscription services commencing; and
- nothing contained in clause 9.18 shall be construed as preventing you from terminating your Subscription service in accordance with:
- the provisions of clause 9.5; or
- applicable law, including if the CPA applies to the transaction constituted by the Offer, in accordance with the provisions of the CPA, subject to our rights, if any, under the CPA in such circumstances.
- If you exercise your rights in terms of clause 9.18.1 above:
- the only charge that may be levied on you by ConnectMeNow is the direct cost of cancelling the Subscription (which direct cost shall, for the avoidance of any doubt, comprise the costs to ConnectMeNow of the cancellation of the Subscription); and
- if payment for the Subscription has been effected by you prior to your exercising the right referred to above, then you are entitled to a full refund of such payment, which refund must be made within 30 (Thirty) days of the date of cancellation.
- The additional services available to you will depend on the Subscription service purchased by you as outlined at the time of purchase and as such Subscription service is amended from time to time.
- Changes in pricing applicable to Subscription services will be given:
- in the case of Subscriptions with annual fees, 60 days before the relevant renewal date; and
- in the case of Subscriptions with monthly fees, on 30 days’ notice to you at any time.
- Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
- Notifications and Service Messages.
You also agree that ConnectMeNow may communicate with you through your ConnectMeNow account or through other means including email, mobile number, telephone, or delivery services including the postal service about your ConnectMeNow account or services associated with ConnectMeNow. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
- ConnectMeNow Applications.
- ConnectMeNow may offer the Services through applications built using ConnectMenow’s platform (“ConnectMeNow Applications”). Examples of ConnectMeNow’s Applications include its smart phone applications (ConnectMeNow for Blackberry or iPhone). If you use a ConnectMeNow Application, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location may be communicated to us.
- Further, by importing any of your ConnectMeNow data through the ConnectMeNow Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your ConnectMeNow account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing ConnectMeNow through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
- Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
- User-to-User Communication and Sharing
- ConnectMeNow offers various forums where you can post your observations and comments on designated topics and businesses. ConnectMeNow also enables sharing of information by allowing Users to post updates, product recommendations, and other content to their profile and other parts of the site.
- Please note that information you share may be seen and used by other Users, and ConnectMeNow cannot guarantee that other Users will not use the ideas and information that you share on ConnectMeNow. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it on ConnectMeNow. ConnectMeNow is not responsible for a User’s misuse or misappropriation of any content or information you post or share.
- YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, including, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of ConectMeNow or its Users), view information and use the Services that we provide on ConnectMeNow webpages and in accordance with this Agreement. Any other use of ConnectMeNow contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ConectMeNow and all related items, including any and all copies made of the ConnectMeNow website.
- Services Availability.
For as long as ConnectMeNow continues to offer the Services, ConnectMeNow shall provide and seek to update, improve and expand the Services. As a result, we allow you to access ConnectMeNow as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ConnectMeNow, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. ConnectMeNow further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by ConnectMeNow to be contrary to this Agreement. For avoidance of doubt, ConnectMeNow has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
- Third Party Sites and Developers.
- ConnectMeNow may include links to third party web sites (“Third Party Sites”).
- You are responsible for evaluating whether you want to access or use a Third Party Sites. You should review any applicable terms of a Third Party Site or before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.
- ConnectMeNow is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. ConnectMeNow also does not screen, audit, or endorse Third Party Sites and you use same at your own risk.
- Disclosure of User Information.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of ConnectMeNow, our Users or the public.
- Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users.
- Disclaimer.
- Do not rely on ConnectMeNow, any information therein, or its continuation. We provide the platform for ConnectMeNow and all information and services on an “as is” and “as available” basis. ConnectMeNow does not control or vet User generated content for accuracy. We do not provide any express warranties or representations.
- To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by ConnectMeNow or anything related to ConnectMeNow, you may close your ConnectMeNow account and terminate this agreement in accordance with the termination provisions being 30 (thirty) written days notice to ourselves to terminate and such termination shall be your sole and exclusive remedy.
- ConnectMeNow is not responsible, and makes no representations or warranties for the delivery of any messages sent through ConnectMeNow to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
- ConnectMeNow does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other Users of the community; therefore, ConnectMeNow disclaims all liability for identity theft or any other misuse of your identity or information.
- ConnectMeNow does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. ConnectMeNow disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, ConnectMeNow disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the ConnectMeNow site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
- LIMITATION OF LIABILITY.
- Neither ConnectMeNow nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“ConnectMeNow Affiliates”) shall be cumulatively liable for any damages or any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from ConnectMeNow. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, civil law, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that ConnectMeNow may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
- Neither ConnectMeNow nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“ConnectMeNow Affiliates”) shall be cumulatively liable for any damages or any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from ConnectMeNow. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- TERMINATION.
- Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to ConnectMeNow. This notice will be effective upon 30 (thirty) days written notice to ConnectMeNow subject to clause 9.4. ConnectMeNow may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only ConnectMeNow or the party paying for the services may terminate your Services. Termination of your ConnectMeNow account includes disabling your access to ConnectMeNow and may also bar you from any future use of ConnectMeNow.
- Misuse of the Services.
ConnectMeNow may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes; using the Services commercially without ConnectMeNow’s authorization, infringing any intellectual property rights, a breach of clause 5 or any other behavior that ConnectMeNow, in its sole discretion, deems contrary to its purpose.
- Effect of Termination.
Upon the termination of your ConnectMeNow account, you lose access to the Services.
- DISPUTE RESOLUTION
- Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of South Africa regardless of your country of origin or where you access ConnectMeNow. You and ConnectMeNow agree that all claims arising out of or related to this Agreement must be resolved exclusively by the High Court of South Africa except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and ConnectMeNow agree to submit to the personal jurisdiction of the courts located within South Africa, for the purpose of litigating all such claims. Notwithstanding the above, you agree that ConnectMeNow shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- GENERAL TERMS.
- Severability.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
- Language.
Where ConnectMeNow has provided you with a translation of the English language version of this Agreement, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, and any other documentation, will govern your relationship with ConnectMeNow.
- Notices and Service of Process.
- ConnectMeNow:
High Constantia House, Corner of Groot Constantia and Constantia Main Road, Constantia 7806.
ConnectMeNow accepts service of process at this address.
- Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ConnectMeNow services, third-party content or third party software.
- Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.ConnectMeNow.co.za or notifying you otherwise. For example, ConnectMeNow presents a banner on the site when we have amended this Agreement so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement in terms of the above termination provisions.
- No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any ConnectMeNow Affiliate shall be deemed legally binding on any ConnectMeNow Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of ConnectMeNow.
- Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ConnectMeNow for any third party that assumes our rights and obligations under this Agreement.