1. INTERPRETATION AND DEFINITIONS
2. When do these Terms apply?
3. Other applicable terms
4. Changes to these Terms
5. Duration of these Terms
6. Login details, usernames and passwords
7. Cancellation and suspension of your Account
8. Our Services
8.2.2. User-purchased access.
220.127.116.11. Users can purchase certain Keys through the App or Website from a Facility Owner to gain access to a public Facility.
18.104.22.168. A User will have access to public Facilities depending on the access purchased from the Facility Owner.
22.214.171.124. Users have certain rights and limitations in respect of their access to public Facilities, as further set out in these User Terms.
126.96.36.199. All Keys purchased by a User will be displayed in the User’s Account on the Platform.
8.3. Key types:
8.3.1. Access cards
188.8.131.52. Access cards are virtual Keys allowing the User to access both private and public Facilities.
184.108.40.206. Access cards may be subject to certain conditions imposed by the Facility Owner:
220.127.116.11. Facility Owners use the App to monitor a User’s access to a Facility and charge a fee for such use upon the User’s exist from the Facility.
18.104.22.168. The App will log a ticket upon the User’s entry to and exit from the Facility through a Gate and levy a charge against the User’s payment profile on the App for the use of the Facility.
22.214.171.124. The charge levied is calculated based on the hourly tariffs as set by the Facility Owner.
126.96.36.199. A User’s payment profile can be credited with funds deposited by the User or linked to the User’s selected bank account through the third party payment gateway service provider.
188.8.131.52. Tickets are used for single uses of Facilities. A new Ticket is issued upon each subsequent use of a Facility.
9. What we don’t do
9.1. We will not:
9.1.1. accept payments for any Keys in our personal capacity;
9.1.2. be a party to the sale transaction between you and the Facility Owner; and
9.1.3. use your information unlawfully or in a manner contrary to these Terms and any other terms found on the Platform.
9.2. You are responsible for:
9.2.1. ensuring that you purchase the correct Keys;
9.2.2. ensuring that you are aware of the fees that are payable by you;
9.2.3. ensuring that any claims in terms of these Terms are submitted promptly and properly; and
9.2.4. ensuring that you have valid banking details from which payment for the Services will be made, authority to use such banking details and that you are authorised and able to make use of the third party payment gateway services.
9.3. We will not be liable for any claims whatsoever arising from the Facility for which Keys were purchased or issued via the Platform being removed by a Facility Owner or not allowing access to the Facility.
9.4. BEWARE! You use our Services at your own risk.
10. Suspension of the Services
10.1. If the Facility Owner wishes to suspend access to its Facility(ies), for any reason whatsoever, the Facility Owner must provide notice of such a suspension to Appmit before the end of a calendar month. The Facility Owner will also provide notice to Users, informing them of the suspension of access to its Facility(ies).
10.2. During the period of suspension:
10.2.1. Users will not be able to access the Facilities affected by the suspension through the App;
10.2.2. the Facilities affected by the suspension will not be visible on the App; and
10.2.3. Users will not be able to purchase or use permits or tickets to Facilities that are affected by the suspension.
10.3. Any permits that have been purchased by a User that have not been used prior to the suspension will still be usable after the Facility is available again. However, you have the choice to request a full refund from the Facility Owner in respect of the permit.
10.4. Appmit may suspend the Platform or Services for any reason, including repairs or upgrades to the Website, App, Platform or other systems.
11. The fees
11.1. The User is liable for any fees payable in respect of permits and tickets to access public Facilities.
11.2. The User will be liable for the fees in respect of permits upon confirming the transaction on the Platform.
11.3. The User agrees to the fees that may be charged by a Facility Owner in respect of a ticket when entering a Facility and agrees to pay the fees applicable to the User’s use of the Facility upon exiting the Facility. In respect of tickets, the services are rendered in full before payment occurs and therefore the services rendered in respect of a ticket are not refundable.
11.4. The Facility Owner will display all fees in respect of permits and tickets on the Platform. The fees displayed include VAT and payment gateway charges, but do not include any other fees that may be applicable as listed in clause 11.6.
11.5. The User will make payment of the fees from its wallet on the App, being an account that holds a credit of money that the User has transferred to its wallet, or directly from the User’s nominated bank account through a third party payment gateway service provider.
11.6. Other fees that may be applicable:
11.6.1. bank charges;
11.6.2. foreign currency charges;
11.6.3. taxes; and
11.6.4. data charges; etc.
11.7. Please note that the fees can change at our discretion. However, changes to the fees will not affect you until you are informed of those changes.
12. Payment generally
12.1. Successful purchase: a public Facility Key purchase is successful when the User’s payment has been made from the User’s wallet or through the third party payment gateway service provider. The User will receive confirmation of a successful purchase.
12.2. Third party payment gateway: all Users agree to adhere to the terms and conditions stipulated by any third-party payment gateway that may be used by us in the provision of the Services.
12.3. Failed purchase: should payment for the permit or ticket be unsuccessful, the User will be notified of this and will be able to repurchase the permit or pay for the ticket again. In the event of a failed purchase of a ticket, the User will remain liable to the Facility Owner for the fees and Appmit will represent the fees for payment against your payment information. In the event that the payment continues to fail, Appmit or the Facility Owner will contact you in respect of the fees that are owed.
12.4. Billing details: billing details will be required before you can make full use of the Services. Your billing details must be provided to, and will only be stored by, the third party payment gateway service provider before you can successfully make a purchase through the Platform. You promise that the information you provide is true and accurate, and that you are authorised to use the billing details provided.
12.5. Additional charges: if you cancel a payment by giving instruction to your bank to return your funds, and they do so, you will be liable to us for any penalty which we incur to that bank or other payment processor.
12.6. Foreign currency: if the fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations and you undertake to pay the fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.
13.1. Refunds of permit purchases made may be given at the discretion of the Facility Owner.
13.2. Any refunds in respect of ticket sales are prohibited due to the nature of the Services being rendered in advance of payment.
13.3. Where a Facility Owner has removed its Facility from the Platform, the Facility Owner shall provide the User with a full refund of any unused permits for a maximum period of 3 (three) years.
14. Changes to Facilities
14.1. Users shall be responsible for ensuring that they remain informed about the details of the Facility to which they have access, including those Facilities for which they have purchased permits through the Platform.
14.2. Any changes to a Facility which may affect a User, such as removal of the Facility or increase in ticket or permit price, shall be a risk borne by the User and Appmit assumes no liability in such instances.
14.3. Users accept full responsibility for the recovery of any costs to which they may be entitled to from a Facility Owner.
14.4. Facility Owners shall inform Appmit and Users about any changes to Facilities, including the removal of the Facility from the Platform, price changes or any other changes. Users will only be liable for the fees displayed by the Facility Owner on the Platform.
15. Changes to the Services
15.1. Appmit shall inform Users of any material changes to the Services by manner of email or prominent notice on the Platform. Continued use of the Platform after this notice has been displayed shall be deemed as your acceptance of the changes.
15.2. Should any changes to the Services result in a User having less functionality from the Services, the notice will be sent 30 (thirty) days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.
16. Acceptable use policy
16.1. A User may not share its Account with anyone – the Account is for the sole use of the User.
16.2. Users may specifically not use permits to gain multiple entries to a Facility but may use the Platform to purchase multiple permits for use by third parties.
16.3. Some devices may not support the use of our Platform. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Platform, including internet access capabilities.
16.4. The use of our Platform and Services may be restricted to certain geographical areas. It is your responsibility to determine whether your location is supported by our Platform or Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Platform or Services not being supported in your location.
16.5. You must respect our Platform and our intellectual property in utmost good faith and use it only as we intend it to be used. Any use by you of our Platform and/or Services which violates this undertaking can result in us terminating your use of our Platform and/or Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Platform or Services, but these will likely be good grounds:
16.5.1. copying or distributing any of the content without our explicit consent to do so;
16.5.2. providing any untrue or incorrect information to our Platform and/or our Services;
16.5.3. changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of our Website and/or Services, including their security features or reverse engineering our Platform;
16.5.4. infecting our Platform with any software, malware or code that may infect, damage, delay or impede the operation of our Platform or which may intercept, alter or interfere with any data generated by or received through our Platform and/or the Services;
16.5.5. using malicious search technology, including, but not limited to, spiders and crawlers;
16.5.6. deep linking to any pages of our Platform in a way to suggest that you are the owner of any intellectual property in our Platform and/or Services;
16.5.7. using the interactive sections of our Platform to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws; or
16.5.8. allowing any third party to use your Account in any manner other than as permitted by these Terms.
17. Consent required for minors
17.1. In terms of South African law, any persons under the age of 18 (eighteen) years require the consent or assistance of a parent or guardian to legally enter into a reciprocal agreement.
17.2. Any user of the Platform who is not at least 18 (eighteen) years old requires the consent or assistance of a parent or guardian to use our Platform and/or Services.
17.3. We accept no responsibility for invalid consent being provided by a User. Any legal action taken against a minor as a result of their use of our Platform and/or Services is independent from Appmit and we will not be a party to any such legal action.
18. Electronic messages and communication
18.1. We will primarily use email and electronic notices on the Platform as our main communication tool for all communications relating to our Platform, Services, or these Terms. This may also include the use of SMS (short message services), registered mail or telephone.
18.2. By accepting these Terms and using our Services or the Platform, you expressly agree to us using your personal contact information provided in your Account for communicating with you via electronic messages and communication. This includes us sending you direct marketing relating to any Facilities that are accessible via the Platform, regardless of who the Facility Owner is.
19. Third party sites
19.1. We may provide certain hyperlinks to third party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement of any third party on our Platform does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.
19.2. If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.
19.3. Any links to a Facility Owner’s website, app or otherwise on the Platform is provided by the Facility Owner and not by Appmit. You access these links at your sole risk.
20. Intellectual property rights
20.1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Platform or the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)’ property and will remain our or the owner’s property at all times.
20.2. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Services.
21. Warranties and representations
21.1. We give no guarantee of any kind concerning the content or quality of our Platform, Website, App or Services.
21.2. We do not give any warranty (express or implied) or make any representation that our Platform, Website, App or Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
21.3. We make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Platform, Website, App, Services and/or the information, images or audio contained on the Platform. Our Platform and Services are used at your own risk.
21.4. You warrant to and in favour of us that:
21.4.1. you have the legal capacity to agree to and be bound by these Terms; and/or
21.4.2. you have the consent of a parent/guardian in cases where you are younger than 18 (eighteen) years old or you are 18 (eighteen) years or older; and
21.4.3. these Terms constitute a contract valid and binding on you and enforceable against you.
21.5. Each of the warranties given by you will:
21.5.1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;
21.5.2. continue and remain in force irrespective of whether your account is active, suspended or cancelled; and
21.5.3. be deemed to be material.
If any part of these Terms becomes illegal, invalid or unenforceable in any jurisdiction affected by these Terms, then those illegal, invalid or unenforceable provisions will be severed from these Terms (they will be treated as if they don’t exist), and the remaining provisions of these Terms will continue as valid and enforceable.
23. Limited liabilities
To be clear:
23.1. we will not be liable for any loss arising from transactions entered into through the Platform and/or Services and you shall only be entitled to hold the Facility Owner liable for any loss or harm so incurred if such liability is enforced by applicable law. Any assistance in such regard by Appmit shall not be construed as a waiver of this clause 23.1;
23.2. we will not be liable for any permits that have not been used within 3 (three) years from purchase or as otherwise indicated on the permit from a Facility Owner;
23.3. we will not be liable to you for any loss caused by using our Platform and/or Services or your liability to any third party arising from those subjects. This includes:
23.3.1. any interruption, malfunction, downtime, off-line situation or other failure of the Platform, Website, App, system, databases or any of its components;
23.3.2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Platform, Website or App; and
23.3.3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Platform, Website, App or third-party systems or programming defects;
23.4. we will not be liable if any material available for downloading from the Platform, Website or App is not free from infection, viruses and/or other code that has contaminating or destructive properties;
23.5. the Platform, Website or App may include inaccuracies or typo’s – in such instances we can’t be held liable and can’t be forced to comply with offers that are genuinely (and/or negligently) erroneous;
23.6. Appmit will not be liable for any errors in the information available on the Platform in respect of the Facilities, Gates, Zones, Keys or otherwise;
23.7. we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Platform or Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
23.8. finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.
Failure or neglect by us to enforce any of these Terms will not be construed as a waiver of our rights, nor will such failure or neglect in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
26. Applicable law and disputes
26.1. The content of these Terms, along with the Platform, Website, App and Services, are governed by South African law, and any interaction you may have with us, regardless of what country you are based in, or the country where you access the Platform, Website or App.
26.2. Please take note that, if you access the Platform, Website or App from another country, you will bear sole responsibility for complying with that country’s laws.
26.3. If we ever have a dispute, then you agree that the Magistrates’ Court of South Africa (Western Cape Division, Cape Town) will have sole jurisdiction to consider our dispute, applying these Terms and South African law.
27. Force majeure
Except for the obligation to pay monies due and owing, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
28. Disclosure in terms of section 43 of Electronic Communications and Transactions Act, 25 of 2002
28.1. Website and App owner: Appmit Proprietary Limited (trading as “Appmit”), registration number 2015/442559/07.
28.2. Legal status: Appmit Proprietary Limited is a private company, duly incorporated in terms of the applicable laws of South Africa.
28.3. Director: Jacobus Johannes Roseldt Kotze.
28.4. Description of main business of Appmit: a universal mobile enabled key granting access to facilities, sites and events. Use the Services to receive access cards, access codes, virtual remotes, monthly permits and pay for parking tickets. Appmit uses technologies, including proximity beacons, NFC and QR codes to grant End-Users access to facilities.
28.5. Email address: email@example.com
28.6. Website address: https://www.appmit.com/
28.7. Physical address: Launchlab, Hammanshand Road, Stellenbosch, Western Cape, 7600
28.8. Registered address: Launchlab, Hammanshand Road, Stellenbosch, Western Cape, 7600
28.9. Postal address: Erf 153, De Zalze Golf Estate, Stellenbosch, Western Cape, 7613
29.1. Entire agreement: these Terms constitute the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this agreement.
29.2. Confidentiality: neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.
29.3. Law and jurisdiction: these Terms and all obligations connected to it or arising from it shall be governed and interpreted in terms of the laws of South Africa. Each party submits to the jurisdiction of the South African courts.
29.4. Good faith: the parties shall in their dealings with each other display good faith.
29.5. No waiver: the failure of Appmit to insist upon or enforce strict performance by the User of any provision of these Terms, or to exercise any right under these Terms, shall not be construed as a waiver or relinquishment of Appmit’s right to enforce any such provision or right in any other instance.
29.6. No assignment: the User will not be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of Appmit.
29.7. Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
29.8. No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
29.9. Severability: any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
29.10. No stipulation: no part of these Terms shall constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.