End-User Terms

Legal
APPMIT (Pty) Ltd
END-USER TERMS AND CONDITIONS
Last updated: September 3, 2018

1. INTERPRETATION AND DEFINITIONS

1.1. “App” 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”) and the privacy policy governing the use of your personal information (“Privacy Policy”). 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) these Terms, (2) the Facility Agreement and (3) the Privacy Policy, 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.
8.2.1.1. Owners grant Users a Key which is used through the App to access a Facility.
8.2.1.2. A User’s access to a Facility will be dependent on the permissions that the Facility Owner has granted.
8.2.1.3. Users can only gain access to a Facility as a result of a Facility Owner granting such access.
8.2.1.4. Facility Owners may authorise Users to issue access codes to third parties, as further set out in clause 8.3.2.
8.2.1.5. Users have certain rights and limitations in respect of their access to Facilities, as further set out in these Terms.
8.2.1.6. All Keys granted to a User will be displayed in the User’s Account on the Platform.

8.2.2. User-purchased access.

8.2.2.1. Users can purchase certain Keys through the App or Website from a Facility Owner to gain access to a public Facility.

8.2.2.2. A User will have access to public Facilities depending on the access purchased from the Facility Owner.

8.2.2.3. Users have certain rights and limitations in respect of their access to public Facilities, as further set out in these User Terms.

8.2.2.4. 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

8.3.1.1. Access cards are virtual Keys allowing the User to access both private and public Facilities.

8.3.1.2. Access cards may be subject to certain conditions imposed by the Facility Owner:

8.3.1.2.1. they may be subject to an expiry date;
8.3.1.2.2. they may be restricted to only allow access to certain Zones or Gates of a Facility;
8.3.1.2.3. they may restrict access to the Facility to predetermined times; and
8.3.1.2.4. they may be set to anti-passback access, requiring the access card to be used to enter the Facility before being used to exist and vice versa.
8.3.1.3. Access cards may allow Users to send access codes to third parties, allowing such third parties to access the Facility, subject to certain conditions, as set out in clause 8.3.2.
8.3.1.4. Access cards can be used to access private and public Facilities.
8.3.2. Access codes
8.3.2.1. Access codes are short-term codes sent to a third party by a User who has an access card to a Facility, allowing the third party access to the Facility.
8.3.2.2. Access codes are sent to a third party via email, phone number or directly to their Appmit profile where they are registered with Appmit.
8.3.2.3. Access codes can be used by a third party through the App, where the third party has an Account, or by entering the access code at the Facility entrance.
8.3.2.4. Access codes may be subject to certain conditions:
8.3.2.4.1. they may be subject to a start and expiry date;
8.3.2.4.2. they may be restricted to only allow access to certain Zones or Gates of a Facility;
8.3.2.4.3. they may be set to limit the number of entries and exists per access code;
8.3.2.4.4. they may restrict access to predetermined times; and
8.3.2.4.5. they may be set to anti-passback access, requiring the access code to be used to enter the Facility before being used to exist and vice versa.
8.3.2.5. Access cards can be used to access private and public Facilities.
8.3.3. Remotes
8.3.3.1. Remotes allow a User to open a Gate to a Facility from the App, allowing the User or a third party to access the Facility from any location or from a location within a geo-fence boundary.
8.3.3.2. Remotes may be subject to certain conditions:
8.3.3.2.1. they may be subject to an expiry date;
8.3.3.2.2. they may be restricted to only allow a User to access the Gate within a predetermined area (geo-fence boundary);
8.3.3.2.3. they may restrict access to certain Gates of a Facility; and
8.3.3.2.4. they may restrict access to predetermined times.
8.3.3.3. Remotes may be used to check the status of a Gate of a private Facility.
8.3.3.4. Remotes can be used to access private and public Facilities.
8.3.4. Permits
8.3.4.1. Facility Owners can sell permits to Users for accessing public Facilities.
8.3.4.2. Permits may allow access to the public Facility for various periods of time depending on the type of Permit purchased.
8.3.4.3. Permits are presented with the App at a Gate to the Facility and can be used to access the Gate through the App or by manually providing the details to a marshal at the Gate.
8.3.4.4. Permits can be issued to allow single access to a Facility or repeated access.
8.3.4.5. Permits can be shared with other Users, but each Permit can only be used to access the Facility by one User. A User may therefore purchase a Permit to be used by a third party.
8.3.5. Tickets

8.3.5.1. 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.

8.3.5.2. 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.

8.3.5.3. The charge levied is calculated based on the hourly tariffs as set by the Facility Owner.

8.3.5.4. 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.

8.3.5.5. 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. Refunds

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.


22. Severability

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.


24. Indemnity

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.


25. Waiver

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: hello@appmit.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. General

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.