TERMS & CONDITIONS
THE NZONE CRM; PLATFORM CONSOLE AND WEBSITE AND WEB APPLICATION
TERMS AND CONDITIONS OF USAGE
Your access to and/or usage of the online information and web Applications contained on and from this Website and/or from The nZone and/or from its Partners, in terms of Section 11 of the Electronic Communications and Transactions (“ECT”) Act and the common law, constitutes your acceptance of the terms and conditions of use set out below.
If you do not wish to be bound by these terms and conditions, you should leave this Website and/or logout of the web Application.
DEFINITIONS AND INTERPRETATION
In this agreement (“terms and conditions”):
The following words or expressions have the following meanings:
(i) “Application” means any software and CRM software provided as a service, available from and through The nZone;
(iii) “Partner” means any third party or affiliation that is authorized and owns a licence from The nZone to promote the use of the web Application and Software;
(iv) “The nZone” means Then Zone (Pty) Ltd t/a The nZone (“nZone”), registration number 2017/659601/07.
(v) “Software” means the software platform available from the Website, enabling the use of the web Application and products listed on the website and any upgrade, new release or other modification thereto provided by The nZone;
(vi) “the Website” means The nZone website, hosted at www.then.zone and other related sites from time to time, that includes the wed Application, Software and any and all information;
(vii) “User” means any authorised person who; enters or uses the Website and/or web Application i.e. in the financial sector the “Broker” and/or their “Assistants”.
References to the singular includes the plural and vice versa;
(i) Links contained in these terms and conditions to other documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. Although links may, from time to time, be non-operational, this shall not affect the validity and interpretation of these terms and conditions.
(ii) Clause headings are for convenience and not to be used in interpreting these terms and conditions.
The nZone web Application, available from Website and also made available by other methods, from time to time, is a CRM focused platform, enabling Users to remain engaged with their Clients on an ongoing basis.
2.1 The nZone licenses the User to view, download, and print the information from their uploaded data. Users my may make use of the Software and enable the use of the web Application provided that such use is for personal use and benefit only.
2.2 The User(s) have been granted the rights to store the information and documentation uploaded within/form the web Application. The User may not exploit any information for any commercial or non-personal purposes without the prior written consent of The nZone and/or their client(s).
2.3 The User is permitted to use the Website and web Application for lawful purposes only. Unauthorised use of the Website and web Application includes posting or transmission of data which violates or infringes in any way upon The nZone’s rights or third parties’ rights or client right, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Website or web Application may lead to The nZone or its Partners instituting legal proceedings against the User.
2.4 All licenses and/or permissions granted by The nZone are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by The nZone or its Partners at any time and without prior notice or reasons.
2.5 In order to provide the Software and web Application, The nZone and its Partners secures revenue by charging a monthly/annually per licence usage fee. The use of the web Application is explicitly subject to this agreement and the User(s) consent to pay for the said services as agreed to separately. The User may opt-out and discontinue usage at any time, providing a 30 work days’ notice period.
- INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the Website and in respect of the web Application, including but not limited to algorithms, architectures, information, trademarks, trade names, logos, pictures, processes, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or are licensed to The nZone and as such, are protected from infringement by the intellectual property laws of South Africa and by international legislation and treaties. Subject to the rights licensed to the User herein (see section 2 above), The nZone and/or its Partners reserve all other rights to all intellectual property on the Website and web Application.
3.2 No person or User may:
3.2.1 amend, copy, use and/or upload client details onto the web Application without their client(s) and/or The nZone’s prior consent.
The nZone provides the software and facilitates the CRM web Application and related services. It is the User’s responsibility to acquire and maintain at their cost the necessary accessories and third-party services, including specifically but not limited to data bearer services, to use the web Application, as well as, data related costs to the service and/or servers.
In compliance with Section 43 of the ECT Act, The nZone hereby discloses the information and details listed below.
Full name and legal status of website owner: The nZone;
Website address: https://www.then.zone;
E-mail address: firstname.lastname@example.org;
For support use: email@example.com;
Registration number: 2017/659601/07;
Office bearers: Nate Lewin;
Place of registration: South Africa (ZA)
Goods and services: web Application;
Manner of payment: Debit Order and/or Credit Card and/or Electronic Funds Transfer;
Terms of agreement: As detailed herein;
Time of dispatch of goods / delivery of services: Immediate delivery;
Alternative dispute resolution: The User agrees that in the event of a dispute or alleged breach by The nZone, the User will, in good faith work together with senior management of The nZone to attempt to resolve the matter before resorting to litigation in the civil courts;
Security procedures: Authentication (https://), encryption certificates (SSL), database encryption, access through username and passwords. See further section 10 below;
Duration of agreement: Until terminated by either The nZone or the Partners or the User
- AMENDMENTS AND CHANGES TO PROFILE
6.1 The nZone may amend these terms and conditions of usage at any time by posting the amended terms and conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent use of the Website or the web Application or any other services shall be governed by such amended terms. The User is advised to regularly check these terms and conditions for any amendments or updates.
6.2 The nZone reserves the right at any time to change or discontinue any aspect or feature of the Website or web Application, including but not limited to, hours of availability and equipment needed to use the web Application or access and use the web Application. Notwithstanding the effort placed on maintaining the availability and access of the Website, The nZone or its Partners takes no responsibility for, and will not be liable for the Website, web Application or related services being temporarily unavailable or inaccessible.
7.3 Without limiting the generality of 7.2, The nZone collects, stores and uses the abovementioned information for the following purposes:
7.3.1 to communicate requested information to the User and their clients;
7.3.2 to enable the web Application and related services;
7.3.3 to activate the Software;
7.3.4 to provide profiled services to the User as requested by the User;
7.3.5 to authenticate the User;
7.3.6 to provide the User with access to restricted pages on this website and through the web Application; and
7.4 The information is collected either electronically by the User.
7.5 The nZone and its Partners may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 The nZone and its Partners shall not disclose personal information from Users unless the User consents thereto;
7.5.2 The nZone and its Partners shall disclose personal information without the User’s consent only through due legal process; and
7.5.3 The nZone and its Partners may compile, use and share any information that does not relate to any specific individual, User or Users client.
7.6 The nZone and its Partners own and retain all rights to non-personal statistical information collected and compiled by The nZone.
7.7 The user hereby specifically agrees that The nZone and its Partners may freely disclose statistics based on the demographic information specified above, provided that said statistics are not linked to the user’s personal information as recorded above in any way.
- WEBSITE LINKS
The Website may include links to other websites and its Partners websites from time to time. These links will be provided for the benefit and convenience of Users. The fact that the Website may contain these links does not mean that The nZone and its Partners endorse the relevant website. The nZone and Partners will not have any responsibility or liability in respect of the content of the links. Any links to the Website must be with the prior, written consent of The nZone.
9.1 The nZone will take measures, within reason, to ensure that the data, uploaded information and documentation stored in the web Application is protected from unauthorised access and that the information provided by and collected from Users is not revealed to unauthorised persons. The nZone does not, however, warrant that these measures will result in information and documentation being absolutely secure.
9.2 Users may not deliver or attempt to deliver or upload, whether intentionally or negligently, any damaging information and/or documentation such as; computer viruses, robots, worms or spy ware, to the web Application or the server and computer network that support the web Application.
9.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the web Application and/or website, whether on purpose or negligently will be liable for any damages, risks and losses that The nZone and its Partner or affiliates may suffer as a result of such delivery, attempt or damaging code.
9.4 Users may not develop, distribute, or use any programme designed to breach or overcome the security measures of the restricted pages on the web Application and/or website. The nZone may claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such programmes.
- NO WARRANTY
10.1 The information and data from the Website and web Application are provided by The nZone or its Partners and associates, suppliers or agents without any warranty of any kind, express or implied, (including but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.
10.2 The nZone website and web Application is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with The nZone, that the information available from and through the Websites meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software and/or requirements.
10.3 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of The nZone and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
10.4 The nZone or its Partners does not make any warranties or representation that services available from the Website via the web Application shall in all cases be true, correct or free from any errors. The nZone shall take all reasonable steps to ensure the quality, security and accuracy of information available from the Website.
- ELIMENATION OF ERRORS
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful information available from the Website or communicated via the website, to The nZone and The nZone undertakes to correct any deemed irregulates.
- ENTIRE AGREEMENT AND SEVERABILITY
12.1 These terms and conditions constitute the entire agreement between The nZone and/or Partner and shall take precedent over any communications and/or postings received by The nZone from the User.
12.2 Any failure by The nZone to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
12.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
- APPLICABLE AND GOVERNING LAW
The Website and the web Application are hosted on Azure cloud application services, controlled and operated from South Africa and therefore, subject to clause 5, the South African law enforced by the South African courts governs the use of the web Application, the Website, its information, documentation, services, products and these terms and conditions.