Terms of Service (“Terms”)
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the website (rocksoftapp.com) and the RockSoft mobile application (the “Service”) operated by RockSoft, a division of BI SYSTEMS (PTY) LTD (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
This Terms of Service Agreement (the “Agreement”) is entered into by and between RockSoft, a division of BI SYSTEMS (PTY) LTD, and the entity agreeing to these terms (“Customer”).
This Agreement is effective as of the date you click the “GET STARTED” button below (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that:
(i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions;
(ii) you have read and understand this Agreement; and
(iii) you agree, on behalf of the party that you represent, to this Agreement.
If you do not have the legal authority to bind your employer or the applicable entity, please do not click the “GET STARTED” button below (or, if applicable, do not sign this Agreement). This Agreement governs Customer’s access to and use of the Services.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
(ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Confidential Information
Each party to this Agreement will:
(i) protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and
(ii) not disclose the Confidential Information, except to Affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Each party (and any Affiliates’ employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill its obligations under this Agreement, while using reasonable care to protect it. Each party is responsible for any actions of its Affiliates’ employees and agents in violation of this Section.
Confidential Information does not include information that:
(i) the recipient of the Confidential Information already knew;
(ii) becomes public through no fault of the recipient;
(iii) was independently developed by the recipient; or
(iv) was rightfully given to the recipient by another party.
Each party may disclose the other party’s Confidential Information when required by law but only after it, if legally permissible:
(i) uses commercially reasonable efforts to notify the other party; and
(ii) gives the other party the chance to challenge the disclosure
Billing
Customer will not be committed to purchase the Services for a pre-defined term, but will pay for the Services on a monthly basis. RockSoft will bill Customer:
(i) Fees based upon Customer’s daily usage of the Services during the preceding month; and
(ii) monthly in arrears for its use of the Services. RockSoft will provide Customer with the monthly rate for the Services when Customer orders the Services, and will use this rate to calculate the Fees, on a prorated basis, for Customer’s daily usage during that month. Any partial day of Services usages will be rounded up to a full day of Services usage for the purposes of calculating Fees.
Customer acknowledges that Fees may be subject to escalation. RockSoft will inform Customer of any Fee escalations in writing at least 30 days prior to these escalations taking effect.
Payment
All payments are made in South African Rands unless otherwise indicated on the invoice.
Payment is by debit order only and in arrears for the services that you receive. The debit order will be processed on either the first or second working day of every month.
You will receive an invoice via email for your records. Should your debit order fail, your services may be disabled immediately and you will be required to pay your arrears before your services are restored.
RockSoft reserves the right to reprocess failed debit orders at any time for the outstanding amount or any part thereof. Should your debit order fail for any reason you will be responsible for any fees imposed by your bank.
Termination
You are required to give RockSoft one calendar months written notice when terminating a service. Cancellation emails should be sent to accounts@rocksoftapp.com .
RockSoft may terminate or suspend Customer’s account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BI SYSTEMS (PTY) LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the Republic of South Africa and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BI SYSTEMS (PTY) LTD.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by BI SYSTEMS (PTY) LTD.
BI SYSTEMS (PTY) LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BI SYSTEMS (PTY) LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Indemnification
Customer will indemnify, defend, and hold harmless RockSoft from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim:
(i) regarding any proprietary information;
(ii) that Customer brand features infringe or misappropriate any patent, copyright, trade secret or trademark of a third party; or
(iii) regarding malicious use of the Services by Customer
Limitation of Liability
In no event shall BI SYSTEMS (PTY) LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
BI SYSTEMS (PTY) LTD its subsidiaries, affiliates, and its licensors do not warrant that
i) the Service will function uninterrupted, secure or available at any particular time or location;
ii) any errors or defects will be corrected;
iii) the Service is free of viruses or other harmful components; or
iv) the results of using the Service will meet your requirements.
Customer accepts that any network costs incurred (including, but not limited to, mobile data usage and roaming charges) will be the sole responsibility of the Customer and RockSoft may not be held responsible or accountable for any such charges from the Effective Date of this Agreement.
Governing Law
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please notify us in writing.
Assignment
Neither party may assign or transfer any part of this Agreement without the written consent of the other party.
Force Majeure
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
No Waiver
Failure to enforce any provision of this Agreement will not constitute a waiver.
Severability
If any provision of this Agreement is found unenforceable, the balance of the Agreement will remain in full force and effect.
No Agency
The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.
No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement.
Amendments
Any amendment must be in writing and expressly state that it is amending this Agreement.
Contact Us
If you have any questions about these Terms, please email us at info@rocksoftapp.com