TERMS AND CONDITIONS
Either party can terminate this agreement with immediate effect.
The Service is licensed on certain conditions, and not sold.
Courtbundles is not liable for any damages related to the use of, or reliance on, the Service.
END USER LICENSE AGREEMENT
- This End User License Agreement is a contract between you and us for your use of Courtbundles web site (courtbundles.com) and/or the desktop application (the “Service”) made available by Courtbundles Pty Ltd, Registration Number 2018/387964/07 (“We/Us”) to you.
- Please read this agreement carefully. It contains important terms that affect you and your use of the Service. By clicking, “I accept” or by installing, copying, or using the Service, you agree to be bound by the terms of this agreement, including the disclaimers. If you do not agree to these terms, do not install, copy, or use the Service.
- The Services enables you to index and paginated documents and/or share documents with authorized users (the “Request”).
- It is your responsibility to ensure that the contact details of the intended recipient are captured correctly, and/or the correct document is uploaded for indexing and/or pagination before you make a Request.
- You will pay Us a charge for a Request.
LIMITED LICENCE & USE OF SERVICE
- You are granted a non-exclusive, non-transferable, limited license to access and use the Service. Other than for this limited license granted to you, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Us.
- You will be entitled to obtain the Service in a machine-readable form of object code only. You shall not have or be entitled to obtain the Service in source code.
- We do not review or pre-screen the contents of electronic data uploaded or posted to the Service (“Content”), either by you or by other authorized users, and we do not claim any intellectual property rights with respect to the Content.
- You shall not copy, adapt, translate or reproduce any of the Service or permit anyone else to do so, or to make or attempt to make any alterations of modifications to it, rent, lease, sell, sub-license, assign or otherwise transfer or make any of it available to another party, or purport to do so, or decompile, reverse compile, dissemble, reverse assemble or reverse engineer it, or otherwise attempt to derive/print/read/use the source code of the Service.
- You agree not to use the Service in any manner which may infringe copyright, data protection or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of this agreement.
- You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “SPAM”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
- We have the right at any time to modify or discontinue, temporarily or permanently, any feature associated with the Service. We do not need to give you prior notice thereof. Continued use of the Service after any modification constitutes your acceptance of the modification.
- We have the right to suspend access to the Service to maintain, repair or upgrade the Service. We undertake to, should circumstances permit, provide reasonable prior notice of any such suspension.
- You agree to conform to and abide by generally acceptable internet protocol and to abide by any additional operating policies as we may publish on the Service from time to time.
AMENDMENT OF TERMS AND CONDITIONS
- We reserve the right to amend these terms and conditions from time to time.
- We will inform you of any amendments whenever an updated version of the Service is made available to you.
- You must check the prevailing terms and conditions of use as posted before each use of the Service, and your continued use of the Service after any amendments have been made available on any updated version of the Service, constitutes your deemed acceptance thereof.
ACCESS TO THE SERVICE
- You are only permitted to use the Service if you are an individual subscriber to the Service (“Authorized User”).
- You are required to provide your full legal name, a valid email address, a valid physical address, and any other information requested by the Service (the “Application”).
- You will further be required to make a deposit into our account. Once you make the deposit, we will create an account (the “Account”) for you on the Services. You may make as many deposits as you wish. For every Rand (South African currency) you deposit, we will grant you one Credit (the “Credits”) on your Account.
- We will, as soon as possible, but not later than 7 days of receipt of your Application and your deposit, grant you access to the Service. Accordingly, due to the immediate nature of the services, there shall be no cooling-off period or refund applicable as described in s44 of the Electronic Communications and Transactions Act no 25 of 2002.
- We will provide you with a unique license key and registration name to access and use the Service. Your available Credits will be reflected on your Account.
- The license key and registration name shall only be used by the Authorized User to which it is assigned and shall not be shared or used by any other person, partner, or employee of an Authorized User, including another Authorized User.
- Your right to use and continue to use the Service is subject to you having enough available Credits on your Account to perform a Request.
- You may invite another Authorized User to share Content with you (“Shared User), using the Service. You and the Shared User are deemed to acknowledge and agree that everyone will have access to the Content (“Public Content”).
- When your access is discontinued, for whatever reason, the Public Content will remain on the Service for use by the Shared User.
- We reserve the right, at any time and in our sole discretion, to take any action deemed necessary, with respect to Public Content that violates the terms and conditions of this agreement, including but not limited to the removal of such Public Content.
- You will maintain and control all equipment on which the Service is installed and if you transfer ownership/possession thereof, you shall ensure that the Service is permanently deleted from any such equipment.
- We may require you to upgrade the Service. Failure to do so, could result in the Service becoming inoperable or becoming obsolete in terms of complying with legislation and/or industry practice and shall entitle Us to terminate your use of the Service.
SECURITY OF PASSWORDS
- You shall be responsible to protect the security of your licensing key and for the accuracy and adequacy of personal information provided to the Service.
- You will implement policies and procedures to prevent unauthorized use of your licensing key and will immediately notify Us if your licensing key has been lost, stolen, compromised or disused.
LICENCING CHARGE AND PAYMENTS
- In consideration of all your rights derived under this agreement, you shall pay Us one Credit per page for every Request made, or such discounted rate as we may from time to time agree with you (the “Price”).
- All Prices shall be inclusive of value-added tax and shall be due and payable by you immediately you make a Request using our Services.
- You authorize Us to use your Credits to pay the Price.
- You will not be entitled to withhold payment of any amount due to Us for any reason, including but not limited to any email or bundle or pagination being incomplete, inaccurate or incorrect. It is your sole responsibility to ensure that all documents to be included in the bundle are correct before your make a Request.
- We will inform you of any Price amendments by updating the terms of this licensing agreement.
- You must check the prevailing Prices before each Request, and your continued use of the Service after any Price amendments have been so posted, constitutes your deemed acceptance thereof.
- Once a Request has been made, it may not be stopped and any monies due in respect of such Request will still be payable and shall not be refunded.
- There is no charge for cancelling your subscription.
- No refunds or credits will be issued for partial use of service, upgrade/downgrade refunds, or refunds for usage with an active account.
- We may charge you an installation / training / support / maintenance charge (plus VAT thereon) based on our staff’s relevant hourly rates, should you require us to install Service upgrades on your equipment, train you to use the Service, support or maintain the Service on your equipment.
- Any training, support or maintenance services that we may provide will be in our sole and absolute discretion.
- You acknowledge and agree that any installation, training, support or maintenance services of the Service on your equipment will be provided by remote access to your equipment and may include the use of a computer program to allow our staff to view and interact with your equipment. Each such remote assistance must be initiated by you by giving our staff member the remote access username and passport. Once the remote assistance session is complete or no longer required you will terminate our access to your equipment.
- You may terminate your subscription and the use of the Service at any time, by contacting Us in writing.
- Access to the Service may be terminated if you do not have any Credits on your Account.
- You are solely responsible to cancel your account.
- Upon cancellation or termination of your account, all Content associated with it, excluding Public Content, will be immediately and irrevocably deleted from the Service.
FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT
- Should you fail to comply with any term of this agreement, We have the right to, in our sole discretion, and without detracting from any other right that We may have in law, to suspend or discontinuing the Service to you immediately and without prior notice to you.
LIMITATION OF LIABILITY
- The Service is provided on an “as is”, “as available” basis and We expressly disclaim all warranties, including warranties of suitability for a particular purpose.
- We do not warrant that the Service will meet any specific requirements, or will be uninterrupted, timely, secure, or error-free, or that the result that may be obtained by the use of the Service will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations, or that any errors in the Service will be corrected.
- We shall not be liable for any damages, no matter the nature thereof, resulting from the use or the inability to use the Service.
- You indemnify and hold Us free from any liability in respect of any loss or damage that We may suffer as result of your use of the Service.
- You shall make payment of all amounts due to Us prior to making any claim against Us.
- We only provide technical support to Authorized Users and only through email correspondence or remote access to your equipment.
- Our failure to enforce any term of this agreement shall not constitute a waiver of such term or our right to enforce compliance thereof.
- You may not cede, assign or delegate any of your rights or obligations in terms of this agreement to anybody else without obtaining our prior written consent thereto.
- You acknowledge and agree that We may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technical requirements to operate the Service.
- You acknowledge and agree that the technical processing and transmission of data associated with the Service, may be transmitted unencrypted and involve the transmission over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
- This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.
- The parties hereto choose the addresses that follows for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement (“domicilium citandi et executandi”):
your address as specified in the Application;
our address: as specified on the Service