The Company reserves the right to modify the Terms and Conditions herein at any time, being any changes reflected in an updated version available on the Website. The use of the Services shall imply full acceptance of the Terms and Conditions hereof.
The Company strongly advise the user to print or save a copy of these Terms and Conditions, even though they will be available at all times in the Website.
Privacy and Use of Information
In accordance with the provisions of the General Data Protection Regulation (GDPR) (EU) 2016/679 and related complementary legislation, the Company informs the user that the information resulting from contracting the Product and Services and related personal data will be included in a file owned by the Company for its automated processing, providing the user consent to such treatment by accepting these Terms and Conditions. The aforementioned file is duly registered in the General Register of the Data Protection Agency.
For content that is covered by intellectual property rights, like photos and videos (IP content), the user specifically give the Company the following permission: the user grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that the user post on or in connection with the Company. This IP License ends when the user deletes his IP content or his account unless his content has been shared with others, and they have not deleted it.
When the user deletes IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, the user understands that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the Public setting, it means that the user is allowing everyone, including people off of the Company, to access and use that information, and to associate it with you (i.e., your name and profile picture).
The Company informs the user that the processing of information and personal data will be related to the personal data provided as a result of contracting the Product and Services as well as the information that may be provided for granting access to any other services of the company or any of its subsidiaries, divisions, affiliates, representatives, agents and licensors.
The Company declares fulfilment with the personal data secret obligation as well as confidential treatment of such information and takes over the responsibility to ensure the technical, organizational and security measures to prevent alteration, loss and unauthorized access. However, the Company shall not fully guarantee the absolute invulnerability of its security systems, since there are no currently sufficient and unbreakable security measures available to prevent computer related attacks, case in which shall not be the Company held responsible for any incidents that may occur to the Personal Data File caused by such attacks or unauthorized accesses.
The user acknowledges that the personal data collected and its treatment shall be used only in the following cases:
1) Proper Services requested by the user performance.
2) Management, administration, extension and improvement of contractual or business relationship established between the user and Services provided.
3) Address complaints or claims for the Services.
4) Development of market research and statistics, marketing, and preferences about the Services.
Users at any time may access to provide personal data and exercise the rights established by Law (access, rectification and cancellation), as well as to revoke its consent or oppose to the transfer of its personal data. These actions may be exercised by phone, in writing or by email at:
South Africa: 27212048181 / Kenya: 254207602036
The Shard, TOG 24/25, 32 London Bridge, SE1 9SG, UK
The Company also informs the users that by the adherence to the Terms and Conditions they consent to provide every necessary and essential communication of personal data required to manage contracted Services.
On the other side, the user is fully responsible for providing the Company contact information that is accurate and truthful and compromises as well to keep the Company up to date with any appropriate changes related to it.
The Company shall not be held responsible in any case to requests or submissions to access the Service that are not accepted by the Website technology platform and for the delay that may occur in receiving the Service whenever it is due to any cause not attributable to the Company (being these: connectivity failures or network outages, errors in the wording of the messages, excessive network traffic, the performance of the operators, the characteristics of various phones, computers and / or tools or any other not stated herein).
Our Services, Images and Videos may not work on every Handset, Laptop, Desktop or Electronic Device capable of displaying the content. You acknowledge that the Company is not liable to have every type of format available. It is the user’s responsibility to ensure that the device they are using can reproduce the following files (Picture – JPG, GIF, PNG) (Movies – 3GP & MOV) or have the appropriate software installed in order to access all service.
Service Contracting Requirements
If during the execution of the Service, the Company suspects or proves the existence of some type of electronic or non-electronic manipulation in the system related to the Service, or if technical difficulties compromise the integrity of the Service, the Company reserves the right to shut down the contracted Services and delete the account of any user who has been able to manipulate the normal delivery of it, as well as any attempt to deliberately impede the normal functioning of the Service is illegal and the Company shall have the right to claim in such case any damages caused and the filing of any applicable legal actions.
The user by using the Service: (1) Consents to be under the provisions set out by the present Terms and Conditions, (2) agrees to exonerate the Company and its employees, subsidiaries, affiliates, divisions, advertising agencies and related entities in any way, for any loss, damage, costs, injury and/or death resulting from contracting the Services as well as for any misuse of the Services and for any claims based on publicity rights, defamation or invasion of privacy and (3) allows the use of their name, voice and images for advertising and promotional purposes in any media worldwide without additional compensation, unless prohibited by law.
Intellectual Property Rights
The Company is the sole owner or holds under the necessary licenses and/or authorizations for the rights of operating the Intellectual Property of the Services and any of its contents including, but not limited to: software, databases, images, photographs, drawings, graphics, games, text, audio, video, trademarks, logos, trade names or distinctive signs, computer programs or databases that are or have been part of it at some point. Under no circumstances shall access and use of the Services, imply renunciation, transmission, license, or transfer all or part of such rights.
It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute any form of all or part of the contents on the service, if you do not have the express written permission of the Company or, where appropriate, the rights holder.
Likewise, unless expressly authorized, it is prohibited, under the terms and subject to the penalties under current laws that are applicable, the removal or alteration of the technologies and information regarding management rights contained in the works and the subject of this transmission as well as distribution, importation for distribution, public performance, broadcasting and radio broadcasting, public communication in all its forms or making available of such works and performance or copies and transmissions which have removed or altered such information without authorization.
If you are interested in establishing a link, you must first have the express written permission from The Company. Notwithstanding the foregoing, it is expressly prohibited to establish any links and / or similar third party devices that lead the user directly to content and/or services offered by The Company (“deep linking”).
The Website contains copyrighted material, trade names and marks and other proprietary information, therefore is protected by copyright laws, registered and unregistered trademarks, database rights and other intellectual property rights under the English Intellectual Property Law.
Limitation of liability, indemnity and release
The Company in no event shall be held liable for the users utilization regarding the Services or the information stored and/or sent by mobile phone devices related to the Services, therefore the Company in any case may determine or control the identity of the user and of the information transmitted between users within the Website, failing to act in accordance with the applicable Law and shut down the access to the Service in the following cases:
1) Injunction or administrative authority request.
2) The content uploaded by the user is considered offensive to the community, the public morality or any other content contrary to applicable regulations.
3) The content uploaded by the user incites terrorism, racism, or other conducts expressly prohibited by law.
4) The content uploaded by the user contains defamatory material against the Website, the Company or any of its subsidiaries, divisions, affiliates, agents, representatives and licensors, or contains any comments contrary to the image of The Company and/or the network operator.
The Company is entitled to transfer the information contained in the present Terms and Conditions and the rights arising thereof to any other of its companies, subsidiaries or divisions. Transfer of information will be developed prior to the user consent and only to achieve the correct performance of contracted Services.
Unenforceability and Indemnity
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of these Terms & Conditions be construed as a continuing waiver of other breaches of the same or other provisions of these Terms & conditions. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
The user agrees to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, representatives, sponsors and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the use of the Website, including, without limitation, any information or content or keywords you post to the site or any interference with the operation of the site.
Governing Law and Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute or difference arising out of or in connection with this Agreement shall be determined by the Courts of London, waiving both parties to any other court that may also correspond.