Terms of Use
iForms.Africa is a service wholly owned and operated by iTechnology Africa (Pty) Ltd operating under company registration number…. iTechnology Africa, headquartered at 57 Kelkiewyn Street, Monument Park, Pretoria, South Africa (hereafter ‘iTechnology’, ‘iForms’, ‘Us’ or ‘We’) provides iForms products, services and websites (collectively the ‘iForms Service’), as well as app technology and other installable software (‘iForms Software’), to you, our customer, and to all other persons authorised by you to use, install or access the iForms Service and iForms Software on your behalf (collectively ‘You’), subject to your compliance with all terms, conditions and notices contained or referenced in this document (the ‘Terms of Use’).
Please read these Terms of Use carefully. By using the iForms Service and iForms Software, you are stating that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to use the iForms Service or install iForms Software.
Ownership and Responsibility
(a) iForms.Africa on behalf of iTechnology Africa (Pty) Ltd solely owns, or licenses from third parties (as the case may be), all intellectual property and other rights, howsoever arising in and to the iForms Service and iForms Software, and reserves all rights therein not expressly and explicitly granted under these Terms. If new features, improvements or derivative works of the iForms Service or iForms Software are prepared by or on behalf of iForms based on suggestions or requests by you, iForms will solely own such modifications.
(b) iForms does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you create, submit or make available (your ‘App Data’) for inclusion on or through the iForms Service or iForms Software. As between iForms and you, you own all rights to your App Data. iForms does not review apps that you create and you agree that you are solely responsible for all of your App Data.
No Resale of the iForms Service or iForms Software
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your App Data, to which iForms agrees you retain all rights), use of, or access to the iForms Service or iForms Software
Fees and Billing
(a) User License Fees. Each user that is registered on the iForms Service or iForms Software is subject to a recurring user licence fee. User license fees are charged at the rates shown in the Billing area of the iForms website. We allow for a single user account to be deployed to a maximum of 2 devices that are owned and operated by the respective named user. We monitor our service for account abuse ie. when a single user account is deployed to multiple devices in active use and we reserve the right to suspend services when we find accounts being used on multiple devices without our express permission.
(b) Subscription and Service Fees. Any additional subscriptions and/or services that you select are provided at the rates and terms set forth in the Billing area of the iForms website.
(c) Invoicing and Automatic Renewal. All iForms licenses, subscriptions and services shall automatically renew on the first day of each billing period (monthly or annually, as applicable) until cancelled by you. You may, at any time, cancel individual services, licenses and subscriptions through the options provided in our Billing area or by emailing our support team. You accept that prepaid fees are non-refundable and that any outstanding invoices issued by iForms prior to receipt of your notice of cancellation must still be paid in full. You will remove applicable iForms Software if previously received under the terminated service, subscription or licenses to ensure compliance with these Terms.
(d) Value Added Tax, Sales Tax and Other Amounts. Unless otherwise expressly stated, all fees are exclusive of local value added tax, sales tax, other taxes, duties and charges imposed or levied in connection with these Terms (“Taxes”). iForms will add any such applicable Taxes to your invoices as required by prevailing legislation. Without limiting the foregoing, you will be liable for any new Taxes imposed or levied in any relevant jurisdiction subsequent to commencing your iForms Service account.
(e) Fee Review. iForms may periodically review fees, at which point iForms may increase or amend any such fee. Such reviews will occur no more than once within a continuous 12 month period. Where there is any net increase in the fees payable, iForms shall give no less than 30 days written notice to you of such increase.
Payment of iForms Fees
The default option for paying your iForms fees is by credit card, debit card, debit order or electronic funds transfer (EFT). When paying by credit card and debit card, you warrant that the credit card and/or debit card information you provide is correct and you shall promptly update your credit card and/or debit card information if this changes. You agree that if your payment is not received by the invoice due date, for any reason, iForms may suspend or cancel your iForms subscription.
Making changes to your account
If you choose to downgrade, upgrade or otherwise change your iForms users, services or subscriptions, this may cause the loss of features or capacity on your account. To the extent permitted by applicable law, iForms does not accept any liability for such losses. Changes you make will usually only take effect from your next billing date.
Restrictions
Unless expressly permitted under these Terms, you must not (as applicable):
(a) Use the iForms Service or iForms Software in any way that could damage iForms’s reputation, or the goodwill or other rights associated with the iForms Service or iForms Software;
(b) Permit any third party to access, install or use the iForms Service or iForms Software other than in accordance with these Terms;
(c) Disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of the iForms Service or iForms Software;
(d) Reproduce, make error corrections to, modify, decompile, disassemble or otherwise reverse engineer the iForms Service or iForms Software, or permit or facilitate any third party to do so;
(e) Copy iForms Software, except such copies as necessary for reasonable and customary back-up and disaster recovery purposes.
(f) When accessing, installing and using the iForms Service and iForms Software:
(i) Attempt to undermine the security or integrity of iForms computing systems or networks or, where the iForms Service or iForms Software is hosted or operated by a third party, the third party’s computing systems and networks;
(ii) Use, or misuse, the iForms Service or iForms Software in any way which may impair its functionality, or the functionality of any other system used to deliver the iForms Service or iForms Software, or impair the ability of any third party to lawfully use the iForms Service or iForms Software;
(iii) Attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer systems on which the iForms Service or iForms Software is hosted or stored;
(iv) Transmit, or input into the iForms Service or iForms Software any information, data, files or other material that may damage any other person’s computing devices or software, or which is in violation of any law or regulation (including material protected by copyright or trade secrets which are not granted rights of use);
(v) Use the iForms Service or iForms Software in connection with unsolicited emails, or to deceptively or without proper authority obtain payment or sensitive information (including, but not limited to, credit card details, debit card details, social security numbers, user login credentials) from other persons.
(vi) Remove or modify any program markings or any notice of proprietary rights, including those of any third party, other than those that are permitted and able to be changed or altered as part of any branding services permitted under these Terms.
European and United Kingdom Data Collection
If you collect personal data in or from any person resident (or normally resident) in Europe or the United Kingdom, your actions occur under the prevailing EU data protection and privacy regulations and you are likely considered to be a ‘data controller’. You agree to ensure that your use of the iForms Service and iForms Software is compliant with prevailing EU data protection regulations. Should you qualify as a data controller under prevailing EU data protection and privacy regulations, you also acknowledge and agree to the iForms Data Processing Addendum, available at /dpa and as updated from time to time.
Security
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any mobile device owned or controlled by you, your customers or any other Service users.
Privacy and Data Processing
By using the iForms Service or iForms Software you indicate acceptance of these terms and agree to our Privacy Policy. You agree that iForms shall process data on your behalf as necessary to provide you with the iForms Service and iForms Software, in accordance with our Privacy Policy, applicable data protection and privacy laws and, where applicable, the iForms Data Processing Addendum.
Copyright Infringement
iForms respects the intellectual property rights of others. Accordingly, iForms has a policy of disabling access to any iForms customer that violates copyright law, suspending access to the iForms Service or iForms Software to any user who uses the iForms Service or iForms Software in violation of copyright law, and/or terminating in appropriate circumstances the account of any user or customer who uses the iForms Service or iForms Software in violation of copyright law.
Termination
You agree that iForms may terminate your iForms Service membership or suspend your access to all or part of the iForms Service or iForms Software, without notice, if iForms determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that iForms shall not be liable to you or any third party for removing your apps or suspending or terminating your access to the iForms Service or iForms Software. You may discontinue your participation in and access to the iForms Service at any time, in which case any prepaid payments are non-refundable and any pending payments must be settled with us.
Modifications to these Terms
iForms may, in its sole and absolute discretion, change these Terms of Use from time to time. iForms will post notice of such changes on the iForms website. If you object to any such changes, your sole recourse shall be to cease using the iForms Service and iForms Software. Continued use of the iForms Service or iForms Software following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications to the iForms Service and iForms Software
iForms reserves the right to modify or discontinue the iForms Service or iForms Software with or without notice to you. iForms shall not be liable to you or any third party should iForms exercise its right to modify or discontinue the iForms Service or iForms Software.
Email Communications
By giving your email address to iForms, you agree to receive administrative, announcements, newsletters, sales, and marketing emails from iForms. You can opt-out from these emails by clicking on the ‘unsubscribe’ link at the end of the emails.
Links, Content and Resources
iForms’s provision of a link to iForms resources and/or any other website or internet resource is for your convenience only and does not signify iForms endorsement of such other web site or resource or its contents. iForms shall have no responsibility or liability for any information, software, or materials found at any other website or internet resource.
Delivery of Emails, Notifications and Other Messages
iForms goes to great lengths to ensure successful delivery of emails, push notifications and other messages generated on or by the iForms Service, however we do not guarantee successful delivery of these. You agree that iForms cannot be held responsible for any consequences of such delivery failure. This is because delivery is not solely controlled by iForms and is subject to a number of points of failure which can prevent delivery. See our support site for more information about why delivery cannot be guaranteed.
Service Availability
You agree that access to the iForms Service is reliant upon various factors outside of iForms’s control, including, without limitation, your internet service provider, global telecommunications links, our hosting and other service providers, and other factors which may impact upon the availability of the iForms Service. While we will use all reasonable endeavours to ensure that you have continuous access to the iForms Service and apps created thereon, we will not be liable to you or any other person for any loss or damage caused by unavailability of the iForms Service.
Branding Services
Subject to your purchase of applicable subscription(s), iForms shall provide branding services including creation of branded versions of the iForms Service and iForms Software (‘Branded Apps’), review and submission of Branded Apps to relevant publishing authorities as required, and maintenance and updates of Branded Apps. iForms shall not be responsible or otherwise liable for delays or refusals by relevant publishing authorities or delays due to failure by you to punctually supply required responses, content or information. In using iForms branding services, you verify that your nominated brand names, logos and all other such content does not infringe on any local, national or international trademarks or other applicable copyrights. You will ensure that all users of Branded Apps comply with all terms and conditions of these Terms. iForms reserves the right to refuse provision of branding services at its sole discretion, in which instance the applicable subscription fees will be refunded to you in full.
Disclaimer of Warranties
You understand and expressly agree that use of the iForms Service and iForms Software is at your sole risk. The iForms Service and iForms Software is provided on an ‘as is’ and ‘as available’ basis. iForms expressly disclaims all warranties of any kind, whether express or implied, with respect to the iForms Service and iForms Software (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). iForms makes no warranty that the iForms Service or iForms Software will meet your requirements, or that the iForms Service or iForms Software will be uninterrupted, timely, secure, or error-free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of iForms is done at your own discretion and risk and that you will be solely responsible for any damage or consequential losses arising therefrom. No advice or information, whether oral or written, obtained by you from iForms or through the iForms Service or iForms Software shall create any warranty not expressly made herein.
Limitation of Liability
You understand and expressly agree that, to the extent permitted under applicable law, in no event will iForms or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the iForms Service or iForms Software.
Resolution by Mediation and Arbitration
This agreement requires the use of mediation and/or arbitration on an individual basis to resolve disputes, rather than injunctive legal actions or class actions, and also limits the remedies available to you in the event of a dispute.
Jurisdiction
In the instance that no amicable agreement can be reached and legal action is sought as a last resort, you agree that the Cape Town Magistrate’s Court shall have sole jurisdiction in any disputes among the contracting parties concerning this agreement. The law applicable to this agreement is the law of the Republic of South Africa.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that iForms may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of iForms liability shall be the minimum permitted under such applicable law. Unless expressly provided otherwise, the limitation of liability shall not exceed the amount of the fees paid by you to use for the provision of the iForms Service and iForms Software.
Indemnification
You agree to indemnify, defend, and hold harmless iForms, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the iForms Service or iForms Software, (b) your (or anyone using your account’s) use of the iForms Service or iForms Software, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
Miscellaneous
These Terms constitute the entire and exclusive and final statement of the agreement between you and iForms with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and iForms with respect to the subject matter hereof. These Terms and the relationship between you and iForms shall be governed by the laws of the Republic of South Africa, as applied to agreements made, entered into, and performed entirely in the Republic of South Africa, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms of Use or your use of the iForms Service and iForms Software shall be brought in the Cape Town Magistrate’s Court located in Cape Town, South Africa and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of iForms to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use are found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of iForms and you as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the iForms Service and iForms Software or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the iForms Service and iForms Software.