WHEREAS Snagg and/or its developers own and operate the Snagg application and is desirous of recording terms and conditions of use of the Snagg application by any and all persons.
NOW THEREFORE the following terms will bind all Snagg users:
BINDING NATURE OF TERMS AND CONDITIONS
1.1 By accessing and/or using Snagg and/or creating a Snagg account, you are agreeing to these terms and conditions, which constitute a legally binding agreement between you and Snagg and/or its developers (“we”, “our” or “us”), and in so doing, we will give you access to Snagg and its functionality, content and related services.
1.2 These terms and conditions will remain in force and continue to apply while you maintain a Snagg account or otherwise access and/or use Snagg.
1.3 These terms and conditions may be amended from time to time, and if so amended, you will be asked to agree to the amended terms and conditions; you will not be permitted to access or use Snagg until such time as you have agreed to the amended terms.
1.4 Snagg is currently offered only in the English language however we reserved the right to offer Snagg in other languages in the future.
CONTENT ON SNAGG
2.1 Any communication, content, information or material that you transmit to or post on Snagg, including any data, questions, comments, suggestions, links, or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and, where applicable, royalty-free license to use any such communication, content, information or material for any purpose we see fit.
2.2 When you delete your account or content, you hereby agree and acknowledge that your data may be stored and backed-up for a certain period in compliance with applicable laws;
2.3 We may display advertising, sponsored or commercial content (“advertising content”) on Snagg, and the mode, manner and extent of the advertising content may change from time to time without specific notice provided to you. Some advertising content displayed on Snagg may be based on information collected from tracking technologies, which are used to fine tune the advertising content to products and services that will better suit your needs.
THIRD PARTY CONTENT, INFORMATION AND/OR MATERIAL
3.1 Content, information and/or material from third party applications or websites (“third party content”) is stored, shared or otherwise imported onto Snagg by you in your use of the application, however:
3.1.1 Snagg does not warrant and will not be responsible for the accuracy, legitimacy or safety of such third party content, nor that the third party content is fit for purpose, free of patent and latent defects, is properly delivered and received from the third party to you;
3.1.2 Snagg merely constitutes a platform for links to third party content to be consolidated and made easily accessible on Snagg for your convenience, and Snagg is not a party to and plays no part in the marketing, sale, purchase, hire and/or delivery of such products, which is between the third party and you;
3.1.3 It remains the responsibility of the third party application or website concerned to comply with any laws regarding their product, including but not limited to the Consumer Protection Act 68 of 2008, notwithstanding that links to content, information and/or material may be stored, shared or imported onto Snagg;
3.1.4 Snagg does not review or monitor any such third party applications or websites and we are not responsible for any third party content;
3.1.5 In accessing any third party applications or websites, you do so at your own risk and subject to their terms and conditions; and
3.1.6 Any intellectual property belonging to third party applications or websites remains vested in the third party concerned and Snagg will not be liable for any infringements of such intellectual property rights by you.
SAFETY
4.1 Snagg is not responsible for the media or other content Snagg users share or post on the application and cannot and do not guarantee the safety of all user posts.
4.2 You undertake and acknowledge to access and/or use Snagg at your own risk and you agree that we will not be liable for any risks or danger that may arise from your access or creation of a Snagg account or otherwise through your use of Snagg.
4.3 You agree that in accessing Snagg, you will not at any time:
4.3.1 Post unauthorised commercial communications on Snagg, or use any Snagg users’ information for the purpose of sending those users any such communications;
4.3.2 Collect users’ information or content without prior permission;
4.3.3 Engage in or promote any unlawful product or activity on Snagg;
4.3.4 Upload viruses or any malicious code to Snagg or transmit such to any other Snagg user;
4.3.5 Solicit Snagg login information or access a Snagg account belonging to someone else;
4.3.6 Post or transmit to Snagg any unlawful, threatening, misleading, malicious, discriminatory, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of Snagg or any of our systems;
4.3.7 Do anything that could disable, overburden, or impair the proper working or appearance of Snagg;
4.3.8 Facilitate or encourage any violations of these terms.
4.4 We have taken reasonable steps to ensure that Snagg is free from, amongst others, viruses and/or interruption, however, we do not warrant that Snagg or the content or materials accessible via Snagg are or will be:
4.4.1 Free from viruses;
4.4.2 Able to be accessed without interruption; and/or
4.4.3 Accurate, complete, adequate or suitable for any particular purpose.
4.5 We only provide and make the Snagg platform available for use, and Snagg users are solely responsible for utilising the platform and creating their wish lists via links to third party applications or websites. To the extent that you use Snagg to create and/or share a wishlist comprising of links to third party applications and websites, you and the third party are responsible for ensuring compliance with any and all laws that may apply, including but not limited to, complying with safety laws and regulations, obtaining applicable permissions, licenses and insurance, and you and the third party are fully responsible for any costs and associated risks in relation thereto.
REGISTRATION AND ACCOUNT SECURITY
5.1 All Snagg users must set up an account and in doing so must provide their real names and information.
5.2 In order to help ensure the security of Snagg user accounts, you hereby agree that you will not:
5.2.1 Provide any false personal information in setting up a Snagg account, nor create an account for anyone other than yourself;
5.2.2 Create more than one personal account;
5.2.3 If your account is disabled, create another account without our written consent; and/or
5.2.4 Share your password, let anyone else access your account, nor do anything else that might jeopardise the security of your account.
COPYING OF SNAGG INFORMATION AND MATERIALS
6.1 Other than in the ordinary and intended use of Snagg, you will not attempt to copy, alter or reproduce in any form, whether in hard copy of electronic format, through any medium whatsoever, any part of the Snagg application including any text, images, code, or other content of date contained on or in the Snagg application, without our prior express written consent or unless expressly authorised by these terms.
6.2 Where applicable, you may download and copy other materials from this site for your own personal and non-commercial use.
6.3 All copyright, trademarks and other intellectual property rights in or arising out of Snagg are owned or under license by Snagg or a third party application, and all such rights are reserved by Snagg or are subject to the terms and conditions imposed by such third party application, as the case may be.
TERMINATION
7.1 We reserve the right to terminate or suspend this agreement, your access to, or accounts with Snagg, at any time, without notice, and with or without reason. You agree that we will have no liability whatsoever in respect of or arising out of any termination or suspension or your Snagg account.
7.2 Your access to and use of Snagg is at all times in our sole discretion.
CONTENT AND INFORMATION ON SNAGG
8.1 The purpose of Snagg is to facilitate consolidation, accessibility and sharing of links to third party applications and websites for your convenience. You hereby acknowledge that:
8.1.1 Snagg is not and does not provide professional advice or services and is not a substitute for such;
8.1.2 Any resources or information shared to or posted on Snagg are provided by other users of Snagg and/or third-party applications or websites, and we will not be responsible for your reliance upon any such resources or information; and
8.1.3 Material available via Snagg may contain general information about Snagg or other parties with whom we deal and engage in our business, and unless expressly stated otherwise, this material does not mean that we are in any way affiliated with any other parties or businesses referred to.
LIABILITY OF SNAGG
9.1 We do not warrant that the materials or information on Snagg will be suitable for any particular purpose or any purpose which may be stated by the third-party application or website from which the link to such product has been imported.
9.2 In consideration of being given access to Snagg and its users and content, you release and discharge Snagg, our employees, servants and agents from any and all liability to you of whatever nature in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use of Snagg by you or any other person, from reliance on information or materials posted on Snagg or for any other reason pertaining to your use of Snagg.
9.3 All implied warranties are excluded to the maximum extent permitted by law.
INDEMNITY
10.1 You agree and acknowledge that your use of Snagg in any manner whatsoever, including, without limitation, posting links to third-party applications or websites and/or reliance on any third-party information posted on Snagg is done at your sole risk and you assume full responsibility for your use of Snagg.
10.2 You agree that you are liable for and indemnify us, our employees, servants and/or agents jointly and severally against any loss, damage, expense, or cost of any nature (including without limitation legal costs on an attorney and own client scale) that any of them incurs or may incur, whether directly, indirectly, consequentially or otherwise) arising out of your use of Snagg or any of its content or from any breach of these terms by you.
GENERAL TERMS
11.1 The agreement and your relationship with us pursuant to this agreement are governed by the laws of the Republic of South Africa and shall not be subject to or governed by the United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement convention.
11.2 You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of South Africa for the purpose of resolving any disputes arising out of this agreement.
11.3 This agreement constitutes the entire agreement between the parties and supersedes all prior understandings, negotiations, agreements, whether written or oral, express or implied.
11.4 No waiver or breach of any term of this agreement shall constitute a precedent or a waiver of any succeeding or other breach of the same or a similar nature.
11.5 You may, in your future use of Snagg, be asked to agree to terms and conditions that may differ from these terms, and the terms as they appear on such future occasion are the terms that will govern your use of Snagg at that time.
DOMICILUM CITANDI ET EXECUTANDI
12.1 Snagg and/or its developers appoint the address recorded in clause 13 below as its domicilium citandi et executandi at which it will accept all notices and other communications in terms of these terms and conditions and at which it will accept service of all legal processes.
12.2 Any notice or communication required or permitted to be given pursuant to the provisions of these terms and conditions shall be valid and effective only if in writing and sent to a party’s chosen address in accordance with the provisions of clause 12.1.
DICLOSURE OF INFORMATION
MERCHANT: SNAGG AND/OR ITS DEVELOPERS, being:
Wayde Simpson (Identity Number: #) and Duncan Meyer (Identity Number:
PHYSICAL ADDRESS:
TEL / CELL NO.(S):
EMAIL:
LINK TO APPLICATION:
WHEREAS Snagg and/or its developers own and operate the Snagg application and is desirous of recording terms and conditions of use of the Snagg application by any and all persons.
NOW THEREFORE the following terms will bind all Snagg users:
BINDING NATURE OF TERMS AND CONDITIONS
1.1 By accessing and/or using Snagg and/or creating a Snagg account, you are agreeing to these terms and conditions, which constitute a legally binding agreement between you and Snagg and/or its developers (“we”, “our” or “us”), and in so doing, we will give you access to Snagg and its functionality, content and related services.
1.2 These terms and conditions will remain in force and continue to apply while you maintain a Snagg account or otherwise access and/or use Snagg.
1.3 These terms and conditions may be amended from time to time, and if so amended, you will be asked to agree to the amended terms and conditions; you will not be permitted to access or use Snagg until such time as you have agreed to the amended terms.
1.4 Snagg is currently offered only in the English language however we reserved the right to offer Snagg in other languages in the future.
CONTENT ON SNAGG
2.1 Any communication, content, information or material that you transmit to or post on Snagg, including any data, questions, comments, suggestions, links, or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and, where applicable, royalty-free license to use any such communication, content, information or material for any purpose we see fit.
2.2 When you delete your account or content, you hereby agree and acknowledge that your data may be stored and backed-up for a certain period in compliance with applicable laws;
2.3 We may display advertising, sponsored or commercial content (“advertising content”) on Snagg, and the mode, manner and extent of the advertising content may change from time to time without specific notice provided to you. Some advertising content displayed on Snagg may be based on information collected from tracking technologies, which are used to fine tune the advertising content to products and services that will better suit your needs.
THIRD PARTY CONTENT, INFORMATION AND/OR MATERIAL
3.1 Content, information and/or material from third party applications or websites (“third party content”) is stored, shared or otherwise imported onto Snagg by you in your use of the application, however:
3.1.1 Snagg does not warrant and will not be responsible for the accuracy, legitimacy or safety of such third party content, nor that the third party content is fit for purpose, free of patent and latent defects, is properly delivered and received from the third party to you;
3.1.2 Snagg merely constitutes a platform for links to third party content to be consolidated and made easily accessible on Snagg for your convenience, and Snagg is not a party to and plays no part in the marketing, sale, purchase, hire and/or delivery of such products, which is between the third party and you;
3.1.3 It remains the responsibility of the third party application or website concerned to comply with any laws regarding their product, including but not limited to the Consumer Protection Act 68 of 2008, notwithstanding that links to content, information and/or material may be stored, shared or imported onto Snagg;
3.1.4 Snagg does not review or monitor any such third party applications or websites and we are not responsible for any third party content;
3.1.5 In accessing any third party applications or websites, you do so at your own risk and subject to their terms and conditions; and
3.1.6 Any intellectual property belonging to third party applications or websites remains vested in the third party concerned and Snagg will not be liable for any infringements of such intellectual property rights by you.
SAFETY
4.1 Snagg is not responsible for the media or other content Snagg users share or post on the application and cannot and do not guarantee the safety of all user posts.
4.2 You undertake and acknowledge to access and/or use Snagg at your own risk and you agree that we will not be liable for any risks or danger that may arise from your access or creation of a Snagg account or otherwise through your use of Snagg.
4.3 You agree that in accessing Snagg, you will not at any time:
4.3.1 Post unauthorised commercial communications on Snagg, or use any Snagg users’ information for the purpose of sending those users any such communications;
4.3.2 Collect users’ information or content without prior permission;
4.3.3 Engage in or promote any unlawful product or activity on Snagg;
4.3.4 Upload viruses or any malicious code to Snagg or transmit such to any other Snagg user;
4.3.5 Solicit Snagg login information or access a Snagg account belonging to someone else;
4.3.6 Post or transmit to Snagg any unlawful, threatening, misleading, malicious, discriminatory, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of Snagg or any of our systems;
4.3.7 Do anything that could disable, overburden, or impair the proper working or appearance of Snagg;
4.3.8 Facilitate or encourage any violations of these terms.
4.4 We have taken reasonable steps to ensure that Snagg is free from, amongst others, viruses and/or interruption, however, we do not warrant that Snagg or the content or materials accessible via Snagg are or will be:
4.4.1 Free from viruses;
4.4.2 Able to be accessed without interruption; and/or
4.4.3 Accurate, complete, adequate or suitable for any particular purpose.
4.5 We only provide and make the Snagg platform available for use, and Snagg users are solely responsible for utilising the platform and creating their wish lists via links to third party applications or websites. To the extent that you use Snagg to create and/or share a wishlist comprising of links to third party applications and websites, you and the third party are responsible for ensuring compliance with any and all laws that may apply, including but not limited to, complying with safety laws and regulations, obtaining applicable permissions, licenses and insurance, and you and the third party are fully responsible for any costs and associated risks in relation thereto.
REGISTRATION AND ACCOUNT SECURITY
5.1 All Snagg users must set up an account and in doing so must provide their real names and information.
5.2 In order to help ensure the security of Snagg user accounts, you hereby agree that you will not:
5.2.1 Provide any false personal information in setting up a Snagg account, nor create an account for anyone other than yourself;
5.2.2 Create more than one personal account;
5.2.3 If your account is disabled, create another account without our written consent; and/or
5.2.4 Share your password, let anyone else access your account, nor do anything else that might jeopardise the security of your account.
COPYING OF SNAGG INFORMATION AND MATERIALS
6.1 Other than in the ordinary and intended use of Snagg, you will not attempt to copy, alter or reproduce in any form, whether in hard copy of electronic format, through any medium whatsoever, any part of the Snagg application including any text, images, code, or other content of date contained on or in the Snagg application, without our prior express written consent or unless expressly authorised by these terms.
6.2 Where applicable, you may download and copy other materials from this site for your own personal and non-commercial use.
6.3 All copyright, trademarks and other intellectual property rights in or arising out of Snagg are owned or under license by Snagg or a third party application, and all such rights are reserved by Snagg or are subject to the terms and conditions imposed by such third party application, as the case may be.
TERMINATION
7.1 We reserve the right to terminate or suspend this agreement, your access to, or accounts with Snagg, at any time, without notice, and with or without reason. You agree that we will have no liability whatsoever in respect of or arising out of any termination or suspension or your Snagg account.
7.2 Your access to and use of Snagg is at all times in our sole discretion.
CONTENT AND INFORMATION ON SNAGG
8.1 The purpose of Snagg is to facilitate consolidation, accessibility and sharing of links to third party applications and websites for your convenience. You hereby acknowledge that:
8.1.1 Snagg is not and does not provide professional advice or services and is not a substitute for such;
8.1.2 Any resources or information shared to or posted on Snagg are provided by other users of Snagg and/or third-party applications or websites, and we will not be responsible for your reliance upon any such resources or information; and
8.1.3 Material available via Snagg may contain general information about Snagg or other parties with whom we deal and engage in our business, and unless expressly stated otherwise, this material does not mean that we are in any way affiliated with any other parties or businesses referred to.
LIABILITY OF SNAGG
9.1 We do not warrant that the materials or information on Snagg will be suitable for any particular purpose or any purpose which may be stated by the third-party application or website from which the link to such product has been imported.
9.2 In consideration of being given access to Snagg and its users and content, you release and discharge Snagg, our employees, servants and agents from any and all liability to you of whatever nature in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use of Snagg by you or any other person, from reliance on information or materials posted on Snagg or for any other reason pertaining to your use of Snagg.
9.3 All implied warranties are excluded to the maximum extent permitted by law.
INDEMNITY
10.1 You agree and acknowledge that your use of Snagg in any manner whatsoever, including, without limitation, posting links to third-party applications or websites and/or reliance on any third-party information posted on Snagg is done at your sole risk and you assume full responsibility for your use of Snagg.
10.2 You agree that you are liable for and indemnify us, our employees, servants and/or agents jointly and severally against any loss, damage, expense, or cost of any nature (including without limitation legal costs on an attorney and own client scale) that any of them incurs or may incur, whether directly, indirectly, consequentially or otherwise) arising out of your use of Snagg or any of its content or from any breach of these terms by you.
GENERAL TERMS
11.1 The agreement and your relationship with us pursuant to this agreement are governed by the laws of the Republic of South Africa and shall not be subject to or governed by the United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement convention.
11.2 You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of South Africa for the purpose of resolving any disputes arising out of this agreement.
11.3 This agreement constitutes the entire agreement between the parties and supersedes all prior understandings, negotiations, agreements, whether written or oral, express or implied.
11.4 No waiver or breach of any term of this agreement shall constitute a precedent or a waiver of any succeeding or other breach of the same or a similar nature.
11.5 You may, in your future use of Snagg, be asked to agree to terms and conditions that may differ from these terms, and the terms as they appear on such future occasion are the terms that will govern your use of Snagg at that time.
DOMICILUM CITANDI ET EXECUTANDI
12.1 Snagg and/or its developers appoint the address recorded in clause 13 below as its domicilium citandi et executandi at which it will accept all notices and other communications in terms of these terms and conditions and at which it will accept service of all legal processes.
12.2 Any notice or communication required or permitted to be given pursuant to the provisions of these terms and conditions shall be valid and effective only if in writing and sent to a party’s chosen address in accordance with the provisions of clause 12.1.
DICLOSURE OF INFORMATION
MERCHANT: SNAGG AND/OR ITS DEVELOPERS, being:
Wayde Simpson (Identity Number: #) and Duncan Meyer (Identity Number:
PHYSICAL ADDRESS:
TEL / CELL NO.(S):
EMAIL:
LINK TO APPLICATION:
