Effective from: 12-03-2018
By accessing the bountiXP website, at www.bountixp.com (the “website”) and using the digital Employee Engagement platform (“the Service”), you (“the Client”) agrees to the Terms and Conditions. Please read the Terms and Conditions carefully.
Any changes to the Terms and Conditions would be incorporated into the Terms and Conditions posted on the bountiXP website from time to time. Should you, the Client not agree to the Terms and Conditions, please do not access the bountiXP Digital Employee Engagement Platform or use the Service.
bountiXP Terms and Conditions
- Intellectual Property Rights
- All Intellectual Property Rights and Copyrights are, and shall remain, the property of the Company, except as otherwise expressly stated. The Client shall not, during or at any time after the termination of the subscription, acquire or be entitled to claim any right or interest in the Company’s Intellectual Property, or in any way question or dispute the ownership thereof by the Company.
- The trademarks, service marks, logos, slogans and domain names referenced on the website (the “Marks”), including but not limited to bountiXP and its logo(s), are either common-law service marks or trademarks, or registered service marks or trademarks of the Company, or third party Marks licensed to the Company, and are protected by trademark laws in South Africa and other countries, and international laws and treaties. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the website.
- The Client is not permitted to use any Marks displayed on the website, metatags or any other “hidden text” utilising Marks of the Company and its licensors, without prior written permission of the Company or such third party who may own the Mark.
- The Company owns all Copyright contained on this website or Services, including but not limited to all design, text, and images. Except as otherwise expressly stated herein, all copy, text and imaging may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent, except to the extent permitted by Law as amended, and then, only with notices of the Company’s proprietary rights. The Client is granted permission to display on User computer(s), print and download the content on this website, as long as no copyright or other notice is removed as may be contained in information, or as downloaded. The website content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, other than expressly set forth in these Terms and Conditions of use, without the Company’s express prior written authorisation.
- Limitation of liability
- The website and Services are provided “AS IS” and “AS AVAILABLE”. The Company does not provide any warranties and representations regarding the website and Services. The Company disclaims all warranties and representations of any kind with regard to use or inability to use the website and Services, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. The Company will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect on this website and the Services. No licence to the User is implied in these disclaimers.
- Under no circumstances will the Company be liable for any loss of profits, lost opportunity or any indirect, consequential, incidental, special, punitive or exemplary damages arising out of any reliance on the website, the Services or any portion thereof, regardless of the form of action, whether in contract, warranty, offence (including negligence), strict liability, or otherwise.
- The Company may discontinue or make changes to the information, products or Services described herein or made available on the website at any time, without prior notice to the Client and without liability.
- The Client, after creating, or in maintaining a subscription account, assumes full responsibility for any loss or damage incurred due to the failure to safeguard any account details or passwords.
- The Client accepts that the website may be compromised by numerous factors outside the Company’s control, including but not limited to Internet disruptions, and failures to any data or telecommunications equipment, system or network used in connection with the website or Service. The Company will not accept any liability for disruptions of the website or the Service.
- The Client acknowledges that the entire risk arising out of the use and performance of the website and the Service, remains with the Client to the maximum extent permitted by law.
- The Company does not guarantee that the website or Service is secure or impregnable and will therefore not be responsible in the event of security breach or infiltration of its security systems, provided that the Company has used reasonable efforts to prevent any such breach or infiltration.
- Billing and Refund Policy – Upgrading and Downgrading Terms
- A valid credit card is required for creating and paying accounts. The Service is billed in advance on a monthly or annual basis and is non-refundable. The credit card that the Client provides will automatically be charged in line with the pricing as indicated on the website. Please refer to the website pricing for detailed explanation of the Pricing Policy.
- In the event of any upgrade, the Client will be billed automatically for the difference in price for the balance of the billing cycle.
- In the event of downgrades, there will be no refunds for partial months of service, or refunds for months unused with an open account. The Client can downgrade the subscription package at any time, however the change will only come into effect at the end of the billing cycle.
- After the thirty day (30) free trial period, the Client can upgrade to the Basic or Premium Service. Once the Client has subscribed to any of the available Service options, the free trial will terminate at the end of the 30 day trial period. The Client will be billed from the first month or year immediately upon upgrading.
- If no payment was received with the funds reflecting in the Company’s bank account within 24 hours after the 30 day free trial period the account will automatically be suspended and the Client will no longer have access to the Services.
- It is the responsibility of the Client to ensure that the upgrade was conducted before expiry of the 30 day free trial period.
- Any suspension or downgrading of Services may cause the loss of content, features, or capabilities of the Client account. The Company does not accept any liability for such loss.
- Account Suspension, Termination and Cancellation
- Termination of the Service will result in the deactivation and suspension of the account for a period of twelve (12) months. Thereafter the Company will delete the account and all content in such Account.
- The Client is solely responsible for cancellation of the account by accessing the Client Account Profile and submitting a cancellation request. The Client acknowledges that an email or telephone request to cancel the account is not considered a valid cancellation. If the Client cancels the account, the account will be suspended for a period of 12 (twelve) months, where after all data will be deleted.
- If the Client cancels the Service before the end of the current paid up month, the cancellation will take effect immediately, but no refund will be payable by the Company.
- The Client agrees to indemnify and hold the Company, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and Company licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to the Client’s:
- use of, and access, to the website and the Service;
- content submitted by the Client, posted, transmitted or otherwise made available via the website and the Service;
- In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision which reflects the intention underlying the unenforceable term or provision. The User’s access to and use of the Company website, and the terms of the above disclaimers are governed by the laws of South Africa.
- These Terms and Conditions of Use constitute the entire agreement between the Client and the Company relating to the use and accessing of the bountiXP