Terms and conditions and copyright
Introduction
These terms and conditions govern your use of this hApp-e-tax application (“this App” or “the App”) and/or any other application developed by hApp-e-tax or hApp-e-law, K-MOS or its/their owner/s, agents or employees, whether they are incorporated entities or juristic or natural person/s, whether formed or to-be formed (collectively referred to as “the App owners”). These terms and conditions are an agreement between any user or users of this App (“the users”) and the App owners. By using this App, the users accept these terms and conditions in full. If the users disagree with these terms and conditions or any part of these terms and conditions, the users must not use this App.
Copyright
The content and design of this App is subject to copyright owned by the App owners or used under licence or permission from third party copyright or content owners.
The legislation in this App has been reproduced under the Republic of South Africa Government Printer’s Authorisation (Authorisation No.: 11779) dated 25 August 2017.
License to use this App
All intellectual property on this App, including but not limited to content (where applicable), trademarks, trade names, know-how, domain names, patents, design elements, software, databases, text, graphics, icons, and hyperlinks (collectively “the intellectual property”) are the property of or licenced to the App owners and as such are protected from infringement by South African and international legislation and treaties. Subject to the license below, all these intellectual property rights are reserved.
The users may view, download, print pages, user manuals, information or other content from this App for their own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Users may not:
• Republish content from this App (including republication on a website or another App); • Sell, rent or sub-license this App or content from this App; • Reproduce, duplicate, copy or otherwise exploit this App or content on this App for commercial purpose; • Edit or otherwise modify this App or any content on this App; or • Redistribute content from this App, except for content specifically and expressly made available for redistribution.
Acceptable use
The users may not use this App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the App to other App users, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The users agree that the App owners may suspend or terminate the users’ licence to use this App at any time and without notice or refund of any subscription fee and without providing reasons for such suspension or termination.
Private information
This App uses certain private information contained on the users’ smartphone, tablet, computer or other media or telephone device (or combinations thereof). By using this App and agreeing to these terms and conditions, the users consent to the use of whatever private information is deemed necessary, without reserve, by the App owners in accordance with these terms and conditions.
The users agree that personal and private information of the users obtained via this App may be used for occasional marketing by the App owners. Subject to the limitations of liability below, the App owners undertake not to sell, distribute or disclose any personal or private information of the users to third parties unless in terms of these terms and conditions.
No warranties
This App is provided to the users “as is” without any representations or warranties, express or implied. The App owners makes no representations or warranties in relation to this App or the content provided in this App.
Without prejudice to the generality of the foregoing paragraph, the App owners do not warrant that:
• This App will be constantly available, or available at all; • The information on this App is complete, true, accurate or non-misleading; • This App will meet the performance requirements of the users at any time.
Nothing on this App constitutes, or is meant to constitute, advice of any kind. The information provided in this App may contain inaccuracies and omissions. By accepting these terms and conditions and/or by using this App, the users acknowledge that the App owners are not engaged in rendering legal, tax, financial or other professional advice and services in providing the information and content contained in this App. The users acknowledge further that the information and content contained in this App must not be used as a substitute for consultation with legal, tax, financial or other professional advisors. If the users require advice in relation to any legal, tax, financial or other professional matter, the users must consult an appropriate professional advisor.
Limitations of liability
By accepting these terms and conditions and/or by using this App, the users agree that the App owners will not be liable to the users (whether under the law of contact, the law of delict, torts, legislated law or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this App or the use of any private information obtained from the users by the App owners, for any direct or indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data whether by way of malicious software or viruses or any other means.
These limitations of liability apply even if the App owners have been expressly advised of the potential loss and even if the App owners have been negligent or grossly negligent in any manner in relation to this App or its content. In no event will the App owners or the partners, agents or employees of the App owners be liable to the users or anyone else for any decision made or action taken in reliance on the content contained in this App or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Certain links in this App may connect to other Apps or websites maintained by the App owners or third parties. The App owners make no representation as to the accuracy or efficacy or any other aspect of content, information or services contained in those Apps or websites.
Reasonableness
By using this App, the users agree that the exclusions and limitations of liability set out in these terms and conditions and copyright are reasonable.
If the users do not agree that these terms and conditions and copyright (or any specific term or condition contained in these terms and conditions) is/are reasonable, the users acknowledge that they are not licenced to use this App under any circumstances whatsoever (notwithstanding that they have paid a subscription fee to use this App) and must immediately refrain from using this App.
Governing law and jurisdiction
The users agree that use of this App and any dispute arising out of use of this App is subject to the laws of the Republic of South Africa. Any dispute arising in respect of or out of the use of this App is subject to the exclusive jurisdiction of the courts of South Africa, unless the App owners in consultation with lawyers decided it is more appropriate to take legal action in another jurisdiction.