Introduction
These terms and conditions govern your use of this application; by using this application, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this application. You must be at least 13 years of age to use this application. By using this application [and by agreeing to these terms and conditions] you warrant and represent that you are at least 13 years of age.
This application uses Local storage/Caching. By using this application and agreeing to these terms and conditions, you consent to Loyaltyworx’s use of Local storage/Caching in accordance with the terms of Loyaltyworx’s privacy policy.
License to use application
Unless otherwise stated, Posworx and/or its licensors own the intellectual property rights in the application and material on the application. Subject to the license below, all these intellectual property rights are reserved.
You must not:
sell, rent or sub-license material from the application
reproduce, duplicate, copy or otherwise exploit material on this application for a commercial purpose;
edit or otherwise modify any material on the application
redistribute material from this application, except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use LoyaltyWorx in any way that causes, or may cause, damage to the application or impairment of the availability or accessibility of the application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this application without Posworx’s express written consent.
You must not use this application for any purposes related to marketing without Posworx’s express written consent.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images) that you submit to this application, for whatever purpose.
You grant to Posworx a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Posworx the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Posworx or a third party (in each case under any applicable law).
You must not submit any user content to the application that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
Posworx reserves the right to edit or remove any material submitted to this application, or stored on Posworx’s servers, or hosted or published upon this application.
No warranties
This application is provided “as is” without any representations or warranties, express or implied. Posworx makes no representations or warranties in relation to this application or the information and materials provided on this application.
Without prejudice to the generality of the foregoing paragraph, Posworx does not warrant that:
this application will be constantly available, or available at all; or
the information in this application is complete, true, accurate or non-misleading.
Nothing in this application constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitations of liability
Posworx will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this application:
to the extent that the application is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Posworx has been expressly advised of the potential loss.
Exceptions
Nothing in this application disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this application disclaimer will exclude or limit Posworx’s liability in respect of any:
death or personal injury caused by Posworx’s negligence;
fraud or fraudulent misrepresentation on the part of Posworx or
matter which it would be illegal or unlawful for Posworx to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this application, you agree that the exclusions and limitations of liability set out in this application disclaimer are reasonable. If you do not think they are reasonable, you must not use this application.
Other parties
You accept that, as a limited liability entity, Posworx has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Posworx’s officers or employees in respect of any losses you suffer in connection with the application.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this application disclaimer will protect Posworx’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Posworx.
Unenforceable provisions
If any provision of this application disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this application disclaimer.
Indemnity
You hereby indemnify Posworx and undertake to keep Posworx indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Posworx to a third party in settlement of a claim or dispute on the advice of Posworx’s legal advisers) incurred or suffered by Posworx arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Posworx’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Posworx may take such action as Posworx deems appropriate to deal with the breach, including suspending your access to the application, prohibiting you from accessing the application, blocking mobile devices using your IP address from accessing the application.
Variation
Posworx may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this application from the date of the publication of the revised terms and conditions on this application. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Posworx may transfer, sub-contract or otherwise deal with Posworx’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. ;
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Posworx in relation to your use of this application, and supersede all previous agreements in respect of your use of this application.
Name’s and details
The full name of Etienne is E Steyn IT Solutions.
E Steyn IT Solution’s tax number is 4950277873
E Steyn IT Solution is registered in jurisdiction under registration number 2010/078427/23
E Steyn IT Solution cc address is 218 Mathews Meyiwa Road, Durban
You can contact Etienne Steyn by email to info@posworx.co.za