Terms & Conditions

This Agreement is a legal agreement between you, the Client as “the Licensee”  and Trustek, the “Licensor”. By signing and accepting the Quotation, indicating acceptance electronically, or by installing, accessing or using the Software, you agree to these terms. If you do not agree to this Agreement, then you may not use the Software.

 

DEFINITION:

  • Software License Agreement means all contracts, agreements, licenses, sublicenses, and other commitments and arrangements, oral or written, with Trustek and  the  Customer respecting the ownership, license, acquisition, design, development, distribution, marketing,  use or maintenance of computer program code, related technical or user documentation, and databases, in each case relating to or arising out of Trustek’s business.
  • Software means all versions or other enhancements, modifications or fixes to the Trustek Software provided to the Licensee included but not limited to computer programs, including any and all software implementation of algorithms, models and methodologies, whether in source code, object code, human readable form or other form.

 

AGREEMENT

 

  • This Agreement describes the terms governing your use of Trustek Software including content, updates and new releases (collectively, the “Software”). It includes by reference:
    • Trustek’s Privacy Statement provided to you in the Software and available on the website or provided to you otherwise;
    • Terms and Conditions of Sale;

 

  • Additional Terms and Conditions, which may include those from third parties; and
  • Any terms provided separately to you for the Software, including product or program terms, ordering, activation, payment terms, etc.

 

1.LICENSE GRANT AND RESTRICTIONS

  • The Software is protected by copyright, trade secret, and other intellectual  property You are only granted certain limited rights to install and use the Software, and Trustek reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Trustek grants you a personal, limited, nonexclusive, non-transferable, revocable license to use the Software only for the period of use provided in the quotation, as set forth in this Agreement, as updated from time to time, and only for the purposes described by Trustek for the Software.
  • You acknowledge and agree that the Software is licensed, not   You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
    • Provide access to or give the Software or any part of the Software to any third party;
    • Reproduce, duplicate,    modify,         copy,              deconstruct,    reverse- engineer, sell, trade or resell the Software;
    • ​Transfer your license to the Software to any other party;
    • Attempt unauthorized access to any other Trustek systems that are not part of the Software;
    • Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
    • Make the Software available on any file-sharing or application hosting service.

 

2.LICENSE FEE AND PAYMENT

  • The Licensee shall pay the Licensor for this license as stated in the signed quotation.
  • If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of the Software.
  • Trustek will automatically renew your monthly cost, unless  the Software license is cancelled or terminated under this
  • Additional cancellation or renewal terms may be provided to you on the website for the Software and/or as per the signed

 

3.YOUR PRIVACY AND PERSONAL INFORMATION.

  • You can view Trustek’s Privacy Statement provided with the Software and on the website for the Software. You agree to the applicable Trustek Privacy Statement, and any changes published by Trustek. You agree that Trustek may use and maintain your data according to the Trustek Privacy Statement, as part of the Software. This means that Trustek may use your data to improve the Software or to design promotions and to develop new products or services.
  • Trustek’s Data protection agreement are provided with your quotation and agree to the terms thereof.

 

4.CONTENT

  • You are responsible for your You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Software. You grant Trustek, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. Archive your Content frequently. You are responsible for lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Trustek is not responsible for the Content or data you provide through your use of the Software. You agree not to use the Software, nor permit any third party to use, the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

 

  • Illegal, fraudulent  defamatory,  obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any law;
  • Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
  • Except as permitted by Trustek in writing, investment opportunities, solicitations,  chain  letters,  pyramid  schemes, other unsolicited commercial communication or engage in spamming or flooding;
  • Virus, trojan horse, worm or other disruptive or harmful software or data; and
  • Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
  • Trustek may freely use feedback you You agree that Trustek may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Trustek a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Trustek in any way.
  • Trustek may monitor your Content. Trustek may, but has no obligation to, monitor content on the Software. We may disclose any information necessary to satisfy our legal obligations, protect Trustek or its customers, or operate the Software properly. Trustek, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

 

5.ADDITIONAL TERMS

  • Trustek may tell you about other Trustek Additional terms and conditions and fees may apply. With some Trustek you may upload or enter data such as names, addresses and phone numbers, to the Internet. You grant Trustek permission to use information about your business and

 

experience to help us to provide Trustek solutions, to develop new products and services, and to enhance the Software.

  • Trustek may be required by law to send you communications about the Software or Third Party You agree that we may send these communications to you via email or by posting them on our website.
  • You will manage your passwords and accept You are responsible for securely managing your password(s) for access to the Software and to contact Trustek If you become aware of any unauthorized access to your account. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Software. You agree to receive and install these updates.
  • If you purchased Software that includes new or Upgrade versions (as defined below) of the Software, you agree that Trustek may require you to install such new or Upgrade versions of the Software in order to continue use of the Software. You agree to accept and install all such new or Upgrade version(s) of the Software within the time period specified by Trustek. You understand and agree that if you do not install such new or Upgrade version(s) within the specified time period Trustek may provide you a second and final notification that accepting such new or Upgrade version(s) is required and that failure to install such new or Upgrade version and replace the prior version of the Software will result in termination of your license. If you do not then make such Upgrade within an additional specified time period after the date of issuance of Trustek’s second and final notification then Trustek, at its sole discretion, may immediately terminate your license.

 

6.DISCLAIMER OF WARRANTIES

  • Your use of the software and content is entirely at your own risk. Except as described in this agreement, the software is provided “as ” To the maximum extent permitted by applicable law, Trustek, its affiliates, and its third party providers, licensors, distributors or suppliers (collectively, “suppliers”) disclaim all warranties, express or implied, including any warranty that the software is fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the software. Trustek and its affiliates

 

and suppliers do not warrant that the software is secure, free from bugs, viruses, interruption, errors, theft or destruction.

  • Trustek, its affiliates and suppliers disclaim any representations or warranties that your use of the software will satisfy or ensure compliance with any legal obligations or laws or regulations.

 

7.LIMITATION OF LIABILITY AND INDEMNITY

  • To the maximum extent permitted by applicable law, the entire liability of Trustek, its affiliates and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the software during the twelve (12) months prior to such claim. Subject to applicable law, Trustek, its affiliates and suppliers are not liable for any of the following: (a) indirect, special, incidental, punitive or consequential damages; (b) damages relating to failures of telecommunications, electricity, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Trustek systems requirements. The above limitations apply even if Trustek and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of Trustek, its affiliates and your exclusive remedy with respect to the software and its use. You agree to indemnify and hold Trustek and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the software or breach of this agreement (collectively referred to as “claims”). Trustek reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any You agree to reasonably cooperate as requested by Trustek in the defense of any claims.

 

8.CHANGES

We reserve the right to change this Agreement at any time, and the changes will  be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software indicates your agreement to the changes.

 

9.TERMINATION

Trustek may, in its sole discretion and without notice, restrict, deny, terminate this Agreement, or suspend the Software, related online services, or other Trustek Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of the Software or our Services or systems, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Software or applicable services and any outstanding payments will become due. Any termination of this Agreement shall not affect Trustek’s rights to any payments due to it. Trustek may terminate a free account at any time.

 

10.GOVERNING LAW

South African law governs this Agreement.

 

 

11.GENERAL

This Agreement, including Additional Terms below and the Trustek Quotation is the entire agreement between you and Trustek and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.

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