CaptivaData LLC
The User understands, acknowledges and agrees that usage of the Website and Mobile Apps and Services is at the sole discretion and risk of the User. CaptivaData reserves the right at any time to change or discontinue any aspect or feature of the Website and Mobile Apps or Services, including, but not limited to, content, hours of availability, products, Services offered and equipment needed for access or use the Website and Mobile Apps. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website and Mobile Apps and Services, CaptivaData takes no responsibility for, and will not be liable for the Website and Mobile Apps or Services being temporarily unavailable or inaccessible for whatsoever reason.
The information contained on the Website and Mobile Apps and the Services provided via the Website and Mobile Apps is provided by CaptivaData and/or its partners, members, suppliers or agents without 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.
You agree to defend, indemnify and hold CaptivaData, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website and Mobile Apps or the Services; and any reasonable legal and accounting fees, resulting from, or alleged to result from your use of this Website and Mobile Apps or the Services.
CaptivaData Website and Mobile Apps allows you to create an Account to use the CaptivaData Services. You accept and agree that CaptivaData may cease provision of the Services, and/or terminate your Account, delete your User content, cancel orders and/or prohibit your further use of the Website and Mobile Apps and/or Services at its sole discretion, with or without notice.
To activate an Account with CaptivaData, Users will be required to provide a username and password. This username and password will serve as your identification with regard to the Services provided by CaptivaData. Should your username and/or password’s confidentiality have been compromised, you are to notify CaptivaData immediately so that a new username and password may be issued to you. CaptivaData accepts no liability for any transactions performed by third parties who come into the possession of your username and password.
The User is permitted to use the Website and Mobile Apps and Services for lawful purposes only. Unauthorised use of the Services and Website and Mobile Apps includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of CaptivaData or third parties, for the purposes of distribution of defamatory, unsolicited, or otherwise objectionable, or offensive in the discretion of CaptivaData. Unauthorised use of this Website and Mobile Apps may result in termination of your Account, and/or you may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages. The Services provided by CaptivaData are not available to minors and minors may under no circumstances create Accounts. By using the Services provided by CaptivaData, you confirm that you are capable of entering into a binding agreement, and you warrant that the information submitted by you in creating your Account is true and accurate.
From time to time this Website and Mobile Apps may include links to other Website and Mobile Apps. These links are provided for your convenience for the purposes of providing further information. Such links do not signify that CaptivaData endorses the Website and Mobile Apps linked to. You agree that CaptivaData shall have no responsibility or bear no liability in relation to the content of the linked Website and Mobile Apps. You may not create a link to this Website and Mobile Apps from another Website and Mobile Apps or document without CaptivaData’s prior consent in Writing, in which case the terms of your linking to the Website and Mobile Apps shall be governed by the terms of a “Linking Agreement” with CaptivaData.
This Agreement, the Services and the electronic communications and transactions conducted via the Website and Mobile Apps shall be governed by and be interpreted in accordance with the law of South Africa and the User consents to the jurisdiction of the High Court in the event of any dispute. Any dispute regarding this Agreement or the Services that cannot be resolved between the Parties, shall however, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English. Access to the Website and Mobile Apps and use of the Services in territories or countries where this Website and Mobile Apps or the Services contained on it is illegal is strictly prohibited. The User may not use this Website and Mobile Apps in violation of South African export laws and regulations. Further and in addition to the compliance with the laws of South Africa, the User shall procure that any information collected and sent by the User through the Services of CaptivaData shall in all instances (i) comply with the local laws of the recipient of such communications and (ii) not constitute a violation of such recipient’s rights. Users operating in the European Union shall comply with all relevant laws, directives and Codes of Conduct in force including without limitation, the EU Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC and all national member state laws promulgated in terms thereof.
If any provision of this Website and Mobile Apps Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website and Mobile Apps Legal Notice, which shall remain in full force and effect.
This Website and Mobile Apps constitutes software, services and content (such as text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of CaptivaData and/or various third parties and subject to the intellectual property laws of South Africa. Further, and to the extent that CaptivaData does not own specific content or such content falls within the public domain, CaptivaData may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website and Mobile Apps. No license to CaptivaData’s intellectual property or the intellectual property of third parties has been granted to you unless otherwise indicated. The software, Services and content may not be used in violation of the intellectual property rights of CaptivaData and/or such third parties as applicable.
Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
1.10.1 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website and Mobile Apps content without the prior written of CaptivaData or in the case of third party content, the owner of that content
1.10.2 the User agrees not to claim or convey ownership of Website and Mobile Apps content either in its entirety or otherwise
1.10.3 modify the Website and Mobile Apps content for the purposes of reposting to other Website and Mobile Apps
1.10.4 alter or remove any trademark, copyright or other notice from the Website and Mobile Apps content
1.10.5 copy or otherwise incorporate Website and Mobile Apps content into or store in any other web site, electronic retrieval system, publication or other work in any form
1.10.6 frame the Website and Mobile Apps or any part of the Website and Mobile Apps
1: The full name of Company
CaptivaData LLC, a limited liability company incorporated in State of Delaware, US
2: CaptivaData’s physical address and telephone number
838 Walker Rd Ste 21-2, Dover DE 19904
Tel. +1 919 564 9334
3: CaptivaData’s web site address and email contact address
www.captivadata.com
admin@captivadata.com
4: DUNS No
119271418
5: File number & EIN of CaptivaData
File Number: 2624091 (State of Delaware)
EIN: 99-2744648
6: Place of registration
United States of America
7: The names of Directors
Mr. JAJ Venter
8: The physical address where CaptivaData will receive legal service of documents
CaptivaData LLC
838 Walker Rd Ste 21-2,
Dover
Delaware
19904
9: Description of the main characteristics of the products or services offered by CaptivaData
Mobile Apps combined with data hosting and reporting services
10: Alternative Dispute Resolution Code
You agree that in the event of a dispute or alleged breach of the terms hereof you will work together with CaptivaData in good faith to resolve the matter by escalating it to higher levels of management prior to resorting to arbitration.