Terms and conditions
Applicable to the use of the RAVENHAVEN SERVICES web-based computer application
(“The RAVENHAVEN SERVICES app”)
- The terms and conditions set forth below apply to your use of the RAVENHAVEN SERVICES app and by downloading, browsing, accessing or using the RAVENHAVEN SERVICES app, you agree to be bound by these terms and conditions.
- The RAVENHAVEN SERVICES app may only be used in accordance with these terms and conditions. If you disagree with any of these terms and conditions, you must forthwith discontinue your use of the services offered on the RAVENHAVEN SERVICES app.
- We will be entitled to amend any provision of these terms and conditions from time to time without notice to you. Any amendment to these terms and conditions shall be effective when uploaded by RavenHaven to its website and/or the RAVENHAVEN SERVICES app. Your continued access to or use of the RAVENHAVEN SERVICES app will be deemed to be your acceptance of these terms and conditions, as amended. It is important that you review these terms and conditions regularly so that you are aware of any amendments.
- The RAVENHAVEN SERVICES app can be accessed from all countries around the world where the local technology so permits. As each of these countries have different laws, you agree that the laws of the Republic of South Africa will apply to these terms and conditions and you agree to the exclusive jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising out of these terms and conditions and your use of the RAVENHAVEN SERVICES app and/or the Services. The law of the Republic of South Africa will be used in the interpretation and enforcement of these terms and conditions.
- For your convenience, the following terms and phrases have been defined, and will have the following meanings where used in these terms and conditions:
- Account: an account created by a User on the RAVENHAVEN SERVICES app upon registration for the same.
- the RAVENHAVEN SERVICES app: A mobile web-based computer application which facilitates the identification of human beings exhibiting elevated skin temperatures when positioned in front of a thermal camera that utilises a FLIR thermal sensor, comprising the mobile web-based computer application, software and other components.
- Services: all the services provided by RavenHaven or its licensee via the RAVENHAVEN SERVICES app to users.
- RavenHaven: RavenHaven Security Consulancy CC, a close corporation registered in the Republic of South Africa with registration number 2018/289869/07, also referred to as “we” or “us”.
- User: A person who downloads and uses the RAVENHAVEN SERVICES app, also referred to as “you”.
Use of the RAVENHAVEN SERVICES app
- RavenHaven grants to you the right to download, use and enjoy the RAVENHAVEN SERVICES app and the Services on a mobile device or internet-enabled device that you own or control, in accordance with these terms and conditions.
- The right to download, use and enjoy the RAVENHAVEN SERVICES app and the Services is not granted exclusively to you. It is granted to you for your personal, non-commercial use only, and you will not be entitled to transfer or sub-license the use and enjoyment of the RAVENHAVEN SERVICES app in any way, either in whole or in part, to any other person.
- You may not, nor may you attempt to, modify, de-compile, dissemble or otherwise reverse engineer the RAVENHAVEN SERVICES app.
- Save for the limited rights provided to you in terms of these terms and conditions, you acquire no other rights whatsoever in the RAVENHAVEN SERVICES app.
- The RAVENHAVEN SERVICES app, its software and operating systems, trademarks, copyrights, database of data and other intellectual property rights that relate to the RAVENHAVEN SERVICES app are owned by RavenHaven and/or by such licensor thereof as RavenHaven has received rights under licence. The intellectual property will never become owned by you.
- When you use the RAVENHAVEN SERVICES app and the Services, you consent to receiving communications from RavenHaven, in whatever form RavenHaven deems appropriate, including by telephone, short messaging services, electronic communication platforms and electronic mail.
- You warrant that all information contained in your Account is true, complete and accurate. We reserve the right to discontinue your Account and to terminate your use of the RAVENHAVEN SERVICES app and the Services, and our right to do so will not prejudice any other right or remedy we may have in respect of any breach by a User of these terms and conditions prior to that termination.
- We reserve the right to change, modify, substitute, suspend or remove without notice any Services on the RAVENHAVEN SERVICES app from time to time. You acknowledge that your access to the RAVENHAVEN SERVICES app and/or the Services may be restricted from time tot time to allow for repairs, maintenance or the introduction of new facilities or services.
- You will require internet connectivity and appropriate telecommunication links to use the RAVENHAVEN SERVICES app and the Services. You acknowledge that the terms of your agreement with your mobile network provider and the applicable charges will apply when using the RAVENHAVEN SERVICES app.
- Any complaints or queries relating to the RavenHaven Services App can be sent to the support team, which you can contact via email at firstname.lastname@example.org
Limitation of liability
- We will use reasonable commercial endeavours to correct any errors or omissions as soon as reasonably practicable. We do not warrant that the RAVENHAVEN SERVICES app or the Services will be free of faults. RavenHaven is not liable for any such errors, omissions or faults. RavenHaven does not warrant that the RAVENHAVEN SERVICES app is free from viruses or anything else which may have a harmful effect on any technology.
- RavenHaven does not warrant that your use of the RAVENHAVEN SERVICES app or the Services will be uninterrupted or that access to the RAVENHAVEN SERVICES app will not be affected by a force majeure event, including without limitation the shortage of necessary materials and equipment, power or telecommunications facilities and equipment, or the failure thereof. Access may be suspended, restricted or terminated at any time.
- The RAVENHAVEN SERVICES app, the Services and use of all related facilities are provided by RavenHaven on an “as is” basis without any warranties, whether express or implied, including without limitation in relation to any inaccuracies in the RAVENHAVEN SERVICES app, warranties of quality, fitness for a particular purpose, accuracy and availability.
- You waive any claim which you may have against RavenHaven, its licensees, officers and employees and you hold RavenHaven harmless and indemnify it against any such claim, including but not limited to bodily injury, death, theft, loss, damage to property (including direct, indirect, special or consequential damages), costs (including but not limited to legal costs) and claims arising from or related to your use of the RAVENHAVEN SERVICES app and/or the Services.
- The above limitations apply only to the extent permitted by law. None of your consumer rights that cannot be excluded or limited are affected by these terms and conditions.
- RavenHaven undertakes to process and store your information contained on your Account in accordance with law and will take reasonable steps to secure and protect your personal information.
- If any provision of these terms and conditions is found by a court to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect
- No failure on the part of RavenHaven to exercise, and no delay by RavenHaven in exercising, any right under these terms and conditions will operate as a waiver of that right, nor will any single or partial exercise of any right under these terms and conditions preclude any further or other exercise of that right nor act to the exclusion of any other right.