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OOB Suite Terms of Service

OOB Suite Trust Centre

Last updated: 04 August 2020

PREAMBLE

These Terms of Use (“Terms”, “Terms of Service”) govern your relationship with https://oobsuite.app/https://digital-marketing.oobsuite.app/ (the “Service”) operated by OOB Digital (Pty) Ltd (“us”, “we”, “our”, “OOB Suite”, “Website”, “OOB”, “Out Of the Box Digital” or “Social App”).

Please read these Terms of Service (including our Privacy Policy and Data Policy) carefully before using our Website and Social App (the “Service”).

By purchasing, accessing or using OOBS Services, you are confirming that you have read, understand and accept all terms and accept all legal consequences of this Agreement of this Agreement.

These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using https://digital-marketing.oobsuite.app/ you represent that you have the full authority to act to bind yourself, any third party, company, or legal entity, and that your use and/or interaction, as well as continuing to use or interact, with the site constitutes your having read and agreed to these terms of use as well as other agreements that we may post on the site.

By viewing, visiting, using, or interacting with https://digital-marketing.oobsuite.app/ or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this terms of use policy and the privacy policy of https://digital-marketing.oobsuite.app/.

https://digital-marketing.oobsuite.app/ specifically denies access to any individual that is covered by the children’s online privacy protection act (COPPA) of 1998.

https://digital-marketing.oobsuite.app/ reserves the right to deny access to any person or viewer for any lawful reason. Under the terms of the privacy policy, which you accept as a condition for viewing, https://digital-marketing.oobsuite.app/ is allowed to collect and store data and information for the purpose of exclusion and for many other uses.

This terms of use agreement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to access https://digital-marketing.oobsuite.app/, to keep themselves informed of such changes by reviewing this terms of use page each time they visit https://digital-marketing.oobsuite.app/ .

When we make amendments to this Agreement, we will update the “Last Updated” date above.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, affiliates, users, subscribers, members, or customers, viewers, which may include your employees, consultants or contractors, or the employees, consultants or contractors, which are companies or entities which you may own (and/or may own you), or that have the same owner or corporate holding company etc as you, a marketing agency or similar organization and provide access to our Services to any of your clients or their employees, collectively referred to herein as “Visitors”, “Users” and “You” are parties to this Agreement. The Website and its owners and/or operators are parties to this Agreement, herein referred to as “OOB.”

TERMS OF SERVICE AND USE

You agree to use the Social App only for purposes permitted by the Terms and in compliance with all applicable legislation, statute, regulations, and rules.

You are responsible for the Content you create, upload, edit or share while using OOB and for all actions (including any loss or damage) linked to these actions or omissions.

You are the owner of the Content which you upload.

OOB is not obliged to back-up your Content. You are therefore strongly advised to back-up your own Content.

We are the owners of OOB Digital Social App and all the Services it provides. You may not modify, copy, reproduce, alter, resell, mirror, or create derivative works of OOB.

You are strongly advised to keep all account details, such as names and passwords confidential. Notify us in case of any unauthorized use or access of your account. We are not responsible for any losses on the basis of a hacked or stolen account and/or passwords.

Our Service interacts with Social Networks and depend on the availability of those Social Networks and their features and functionality they make available to us. We do not control these features and functionality. Should a Social Network stop making some or all of its features or functionality available to us, we may stop providing access to those features or functionality to you. OOB will not be liable to you or any other third party for such a change.

CESSION/ASSIGMENT

Neither party may assign or transfer in any way, any of its rights or obligations herein without the prior written consent of the other party. Which consent may not unreasonably be withheld. Any attempt of same without obtaining the necessary consent will be void. Notwithstanding that OOB may assign this Agreement in its entirety, without your consent, to an affiliate, or in connection with a acquisition, merger, restructure, or sale of all or substantially all of our shares.

PUBLICITY

You agree that OOB may disclose that you are user of its services and may make use of your name(s) and logo(s) in OOB’s online, digital, and printed marketing materials (including our websites); and on physical or electronic presentations, including to clients and prospective clients, at conferences, and similar events. OOB will not disclose the above mentioned only if you provide us with written notice or of any reasonable restrictions or requirements o same.

CHANGES/AMENDMENTS TO THE TERMS OF THIS AGREEMENT

We reserve the right, at our sole discretion, to modify add or remove any part, or replace this Agreement at any time (including any terms or documents incorporated by or referenced in this Agreement). These changes will only take effect at the time of positing on our Website.

It is your responsibility to stay up to date of any changes to these Terms.

By continuing to access or use our Service after the revisions have become effective, you agree to be bound by the revised Terms and consent to same.

Should you not agree to the new terms, in whole or in part, please stop using our Service.

SUBSCRIPTION, SUBSCRIPTION FEES AND SUBSCRIPTION FEE CHANGES

Our Services are billed in advance on a regular basis depending on the subscription plan you have chosen (monthly or yearly). You will be billed in advance on a recurring and period basis, you Subscription is due on the date in the month which you subscribed to the plan (example: if you subscribed to the plan on the 15th of January, your Subscription in due on the 15th of every month [for monthly subscriptions] or the 15th of January each year [for yearly subscriptions]).

Your Subscription will automatically be renewed at the end of each subscription period under the similar conditions unless you cancel your subscription or OOB Suite cancels same.

You may cancel your Subscription renewal either through you’re the OOB Suite and deleting your account.

A valid payment method, including EFT (“Electronic Funds Transfer”), is required to process the payment for your Subscription. You must provide OOB Suite with accurate and complete billing information including full name, address, state and valid payment method information. By submitting such payment information, you automatically authorize OOB Suite to charge all Subscription fees incurred through your account to any such payment method selected by you.

You will receive a payment reminder each period reminding you that your subscription fee is due.

Should you fail to pay your Subscription fee on the applicable due date, your account will immediately be suspend and on the lapse of 10 days (from the date of your failure to pay the Subscription fee) your account will be removed.

OBB retains the right to charge you interest on your late payment at the maximum rate permitted by legislation from the date the payment was due until the date paid.

OOB may, in its sole discretion and at any time, may modify the Subscription fees charged to you. Such a change will only be applied to your account at the first payment date after the change.

OOB will provide you with reasonable notice of any changes to subscription fees before the change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your Agreement to pay the modified Subscription fee.

All Subscription fees are non-refundable.

Should you choose to upgrade or downgrade your Subscription, no pro-rate refund will be allowed. Such a change will only be applied to your account at the first payment date after the change.

TRIAL PERIOD

OOB may, at its sole discretion, offer a Subscription with a free trial for a limited time period (“Trial Period” or “Trial”).

Your Trial Period will expire on 30th day of your Trial period.

At any time and without notice, OOB reserves the right to modify the terms and conditions of the Trail Period or cancel such Trial Period.

LINKS TO OTHER WEB SITES

Our Service may contain links to other third-party web sites or services that are not owned or controlled by OOB.

OOB has no control over, and assumes no responsibility for, the practices, Content or privacy policies of any third-party web sites or services.

You agree and acknowledge that OOB shall not be held responsible or liable, directly or indirectly, in any manner, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods, Content or services available through or on any such websites or services or as the case may be.

We strongly advise that you read and understand any of the third parties’ terms and conditions, terms of use agreements, privacy policies and any other policy of any kind.

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this Website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the Content of this Website. By accessing the contents of this Website, you agree to this condition of access, and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the Content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from the infringement of this provision, Visitor agrees to compensate the owners of https://digital-marketing.oobsuite.app/ with liquidated damages in the amount of R100 000 (One Hundred Thousand Rand) or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing https://digital-marketing.oobsuite.app/ and that accessing https://digital-marketing.oobsuite.app/ constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE/INTELLECTUAL PROPERTY

The Website, software and its contents, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software (“OOB’s Content”), is the property of OOB and are owned or licensed by the Website’s owner or its content suppliers and protected by South African and international copyright laws, trademarks, database, trade secret, and any other relevant legislation. The material contained on the Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the Website.

We own and retain all rights of OOB’s Content. You further agree not to use, change or delete any proprietary notices from materials from the Service.

You retain your rights to any of the Content (“Customer Content”) that you display, post or save. OOB may use gathered information derived in part from your Content and your use of our Services to improve and develop our Service.

Should you provide any Feedback, you grant OOB a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free consent to use your Feedback for any purpose.

PROHIBITED USAGE

OOB does not allow any organizations or individuals that are engaged in the following to have a presence on OOB:

• Organized violence and/or hate
• Criminal activity
• Terrorist activity

The above list is not exhaustive, and OOB retains the right to assess each case on a case by case basis.

OOB reserves the right to block accounts that expresses support or praise for groups, leaders, or individuals involved in these activities.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by Website, no one may hyperlink https://digital-marketing.oobsuite.app/, or portions thereof, (including, but not limited to, logotypes, trademarks, branding, or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this Website or any page of this Website in any commercial or non-commercial media without express permission from us, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or deactivate any such activities and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from the infringement of this provision, you agree to compensate the owners of https://digital-marketing.oobsuite.app/ with liquidated damages in the amount of R100 000.00 (One Hundred Thousand Rands) or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing https://digital-marketing.oobsuite.app/ and that accessing https://digital-marketing.oobsuite.app/ constitutes acceptance.

DISCLAIMER FOR CONTENTS OF SITE

https://digital-marketing.oobsuite.app/ disclaims any responsibility for the accuracy of the Content appearing at, linked to on, or mentioned on https://digital-marketing.oobsuite.app/. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty. DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS. We assume no responsibility for damage to computers or software of the Visitor or any person the Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s computer. Again, visitor views and interacts with https://digital-marketing.oobsuite.app/, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from https://digital-marketing.oobsuite.app/ at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with https://digital-marketing.oobsuite.app/, including banners, advertising, or pop-ups, downloads, and as a condition of the Website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions, our maximum liability will not exceed the amount paid by you, if any, for using our Website or Service. Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to internet failure, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, the elements, fire, flood, severe weather, earthquake, vandalism, accidents, sabotage, power failure, denial of service attacks or similar attacks, any laws, orders, rules, regulations, acts of any government or governmental body or authority, civil or military, including the orders and judgments of court and any other events which are not within our control.

INDEMNIFICATION

Visitor agrees that in the event he/she causes damage to us or a third party as a result of or relating to the use of https://digital-marketing.oobsuite.app/, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the Content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this Website, Visitor agrees to use the court as set out in Jurisdiction and Venue below, for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

JURISDICTION AND VENUE

This Agreement is being governed, interpreted, and implemented in accordance with the Laws of the Republic of South Africa.

Termination and cancellation of your Subscription

You may cancel your Subscription at any time you decide to.

Should you cancel your Subscription before the end of the period you have paid for, you will not receive a pro-rata refund.

Should you wish to not incur Subscriptions fess, please cancel your Subscription before at least two days before your Subscription fee becomes due.

Once you choose to cancel your Subscription, we will delete all your data. It is your responsibility to back up your data (Customer Content) before terminating our Services.

OOB may cancel or suspend your account for non-compliance with the terms of this Agreement.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Service will immediately cease.