1. INTERPRETATION AND DEFINITIONS
means the Appmit mobile application used to access the Platform, available from the Google Play
and Apple App
Store or Store.
1.2. “Appmit” and “us” and “we” means Appmit Proprietary Limited (Registration no. 2015/442559/07), a private company incorporated in terms of the laws of South Africa, of Launchlab, Hammanshand Road, Stellenbosch, Western Cape, 7600;
1.3.“Facility Fee” means the amount that you will be charged by a Facility Owner for access to a Facility;
1.4.“Facility Owner” means the owner of the Facility who makes the Facility accessible through the Platform;
1.5.“Facility” means the building or area that is accessible through the Platform;
1.6.“Gate” means any access point of a Facility that is fitted with Hardware to enable the Facility to be accessed by a User through the App;
1.7.“Key” means the mechanisms provided by Facility Owners to Users with which Users access the Facility, Gate or Zone with the App;
1.8.“Platform” means the technology that is used, through the Website or App, to access Facilities, Gates or Zones and purchase Keys;
1.9.“Services” means the Services available on the Platform that allow you to purchase and/or use Keys to access Facilities;
1.10.“Terms” means these terms in this legally binding agreement that regulate your use of our Platform, Website, App and Services and our relationship with you;
1.11.“User” and“you” means the individual making use of the Platform, Website and App to access the Facilities;
1.12.“Website” means https://www.appmit.com/, including all appmit.com sub-domains;
1.13.“Zones” mean the areas of a Facility to which access is controlled by the Facility Owner which can be accessed with the App.
2. When do these Terms apply?
2.1. These Terms will apply when you become a User of the Website, App, Platform or Services. By registering on or logging into the Website, App or Platform, you agree to these Terms.
2.2. To make use of any of our Services you must agree to these Terms. We reserve the right to refuse any request for our Services without notice or reason.
2.3. These Terms will also apply to any future services and interaction channels that may be made available by us.
3. Other applicable terms
3.1. Your use of the Platform and Services will be regulated by these Terms as well as any other terms that are available on the Website and App (“Additional Terms”
). The Additional Terms include the terms and conditions applicable to Facility Owners (“Facility Agreement”
). If there is a conflict between these Terms and any of the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) theseTerms
, (2) theFacility Agreement
, in so far as the Additional Terms are applicable to you.
4. Changes to these Terms
4.1. We can:
4.1.1. change or add to these Terms;
4.1.2. change or cancel the Services or offer new Services to you from time to time;
4.1.3. change the Platform from time to time; and
4.1.4. change or remove the Website or App from time to time,
at our discretion, and we will notify you of any changes via email which will contain a link to the updated terms or with a prominent notice on the Website or App. For continued use of the Services, you may be requested, from time to time, to accept new or amended versions of these Terms.
4.2. We will give you 30 (thirty) days’ notice of a material change to these Terms. Should you disagree with the changes made, you can discontinue using our Services.
5. Duration of these Terms
Simply, these Terms apply for as long as you use our Platform or Services, which shall include the period until any disputes have been settled in the event of any disputes arising from the use of the Platform or Services.
6. Login details, usernames and passwords
6.1. Our Platform makes use of login functionality requiring Users to create an account to access the Platform and use the Services(“Account”).
6.2. You are solely responsible for the safekeeping of your Account access credentials and any other credentials from a third party site used to create or access your Account. This means that should anyone enter your Account access credentials (whether that be you, or anyone else), we assume that the person using the Platform or Services is you.
6.3. You are not allowed to share your Account with other Users. Only you may use your Account to access the Platform and Services.
6.4. It is in your interests to familiarise yourself with our security requirements, guidelines and procedures communicated by us from time to time and follow these carefully.
6.5. You should inform us immediately if there has been, or if you suspect, any breach of security, confidentiality or of your Account, and update your Account access credentials.
7. Cancellation and suspension of your Account
7.1. At any time, and without cause, we may cancel or suspend your access to the Platform and/or use of the Services in our sole discretion, without any liability. Cancellation or suspension of your access to the Platform and/or use of the Services may be a result of you disobeying the acceptable use policy as set out in clause 16 or any other breach of these Terms.
7.2. We may also cancel or suspend your access to the Platform or use of the Services upon instruction from a Facility Owner. We will inform you of the instruction before cancelling or suspending your Account.
7.3. Your account will be cancelled in the event of you circumventing or otherwise breaching these Terms.
7.4. You may request that your Account be cancelled. However, you might not receive a refund of any amounts paid if you cancel your account because any fees that you pay through the Services are paid to the Facility Owners. If you cancel your use of the Services, you may still be liable to pay any fees to the Facility Owners.
7.5. Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.
7.6. Upon termination of these Terms:
7.6.1. the Facilities will no longer be accessible to the User on the Platform nor will the User be able to purchase permits or tickets;
7.6.2. Users will no longer be able to access the Facilities with any Keys through the Platform;
7.6.3. any access codes generated and shared by the User for use by third parties will be deactivated and no longer capable of being used to access a Facility.
7.6.4. the Facility Owner will not be able to contact the User through the Platform; and
7.6.5. the User’s payment information will be removed from the User’s Account.
7.7. The Facility Owner shall only be responsible to issue new tickets or permits or reimburse any Users who have purchased a ticket or permit that have not been used by the User prior to termination of these Terms, if any agreement or other applicable law regulating the relationship between the Facility Owner and Users specifically requires such reissuance or reimbursement. Appmit will not have any obligations to a User who terminates its relationship with Appmit prior to using any tickets or permits.
8. Our Services
8.1. We offer a universal mobile enabled Key which is used through the App, granting access to Facilities according to the permissions set on the Key in terms of the agreement between you, the User, and the Facility Owners.
8.2. The Services include:
8.2.1. Facility Owner-determined access.
220.127.116.11. Owners grant Users a Key which is used through the App to access a Facility.
18.104.22.168. A User’s access to a Facility will be dependent on the permissions that the Facility Owner has granted.
22.214.171.124. Users can only gain access to a Facility as a result of a Facility Owner granting such access.
126.96.36.199. Facility Owners may authorise Users to issue access codes to third parties, as further set out in clause 8.3.2.
188.8.131.52. Users have certain rights and limitations in respect of their access to Facilities, as further set out in these Terms.
184.108.40.206. All Keys granted to a User will be displayed in the User’s Account on the Platform.