Welcome to Simply Konnect, your preferred platform of choice that lets you get connected as required. Please read the following Terms & Conditions carefully.
Simply. (the “Company”, “we” or “us”) provides and operates a Website, www.connectwithsimply.com and Application (the “Website and App”) (which can be found in the AppStore® Google Playstore) that connects Website and App users (“Users”) with retailers (“Brands”). Simply Konnect allows Users the ability to easily navigate through the Website and App to connect to their preferred choice.
These Terms of Service (this “Agreement”) form a legally binding agreement that governs your use of the Website and App. The Website and App is owned and operated by the Company. The Company has the right at any time to change or discontinue any aspect or feature of the Website and App, including, without limitation, the content, software and hardware needed for access or use of the Website and App. By using the Website and App, you represent that you understand and agree to all terms and conditions of this Agreement. If you do not agree to these Terms of Service, please stop using the Website and App.
By using the Website and App, you consent to the terms in this Agreement and you also agree to the Company’s Privacy Policy [https://connectwithsimply.com/pages/privacy-policy], which is incorporated herein by reference. Please review this Agreement and the Privacy Policy carefully.
THE WEBSITE AND APP IS AVAILABLE ONLY TO USERS AGED 13 YEARS OF AGE OR OLDER. IF YOU ARE 13 OR OLDER, BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH A PARENT OR LEGAL GUARDIAN TO MAKE SURE YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AGREEING TO THE AGREEMENT FOR YOUR CHILD OVER 13 YEARS OF AGE, THEN YOU AGREE ON YOUR CHILD’S BEHALF AND FURTHER AGREE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD’S USE OF THE WEBSITE AND APP. THE COMPANY DOES NOT ENCOURAGE, SOLICIT, OR PERMIT USE OF THE WEBSITE AND APP BY USERS WHO ARE UNDER THE AGE OF 13.
The Agreement shall be effective immediately upon your use of the Website and App (the “Effective Date”) and shall continue in full force until terminated. The Company may terminate your use of the Website and App with or without cause or notice, including, without limitation, if the Company believes that you have violated or acted inconsistently with this Agreement or the Privacy Policy. If you or the Company terminates this Agreement, portions of this Agreement intended to survive termination (including but not limited to will remain in effect).
The Company may modify this Agreement or any other terms, such as the Privacy Policy, at any time. Company will post notices of any modifications on the Website and App, but, regardless of whether you view those notices, modifications to this Agreement and the Privacy Policy will take effect immediately when published.
As part of the signup process, Users will select a username and password and provide certain information. If you register through a social media site (such as Facebook®) the Company will extract information you have provided to such site (such as your name, email address, profile information, profile picture etc…) and use that information to create your account. The specific information the Company extracts will depend on your privacy settings on the social media site. Users hereby consent to our access to and collection of such personal information.
By registering for the Website and App, and providing your email address, you hereby consent to receive emails and other communication from the Company and parties that you choose to engage with.
Users are solely responsible for maintaining the confidentiality of their username and password. You may not authorize others to use your account and you may not share, assign or otherwise transfer your account or login information to any other person or entity. You are responsible for all activities that are conducted through your account. The Company shall be entitled to assume that a User presenting your username and password is, in fact, you. You agree to notify the Company immediately of any unauthorized use of your account. The Company shall have the right at any time to change, modify or amend your username and password.
You represent and warrant that the information you provide to the Company is accurate, true, public information, and not in violation of any contractual obligations or other third-party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of the Company and are not using the Website and App in competition with the Company.
The Company shall have the right in its sole discretion to substitute, replace, modify or upgrade the Website and App as the Company deems advisable. The Company will only be required to support the most recent and current version of the Website and Website and App that is available.
You acknowledge that some of the Website and App may be supported by advertising revenue and may display advertisements and promotions as content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You agree that the Company is not responsible for, and does not endorse any products posted on the Website and App. The Company does not have any obligation to pre-screen, monitor, edit, or remove any content.
The Company, at its sole discretion, may allow or restrict access to the Website and App. Users can, subject to this Agreement and all other policies of the Company, access and use the Website and App and (but not necessarily all) of the Website and App’s functionalities. Vendors and Brands create the content on the Website and App. Users represent that they understand and agree that the Company has no liability whatsoever for any harm that might result from any statements presented on the Website and App, including statements and opinions on the Website and App, products viewed via the Website and App, or third-party advertisements or services posted or linked through the Website and App. You understand that any statements by the Company and their respective employees, agents, and affiliates are provided for information purposes only.
Subject to acceptance of this Agreement and continuing compliance with its terms and any other relevant Company policies, the Company grants Users a personal, non-exclusive, non-transferable, revocable limited license to install, use and display the Website and App and related software (excluding source and object code) for your non-commercial, personal use on a mobile device or machine. Users agree not to use the Website and App for any other purpose, including without limitation, to copy, distribute, assign, sell, sublicense, or prepare derivative works, except as specifically allowed in this Agreement.
The Company reserves the right to discontinue the Website and App or to change the content of the Website and App in any way and at any time, with or without notice to Users, and without liability. The Company makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the products or services advertised, offered, or provided by any Vendor or Brand, statements by any Vendor, or other individual, company or User utilizing the Website and App or featured on the Website and App and assumes no liability related thereto.
You agree that systematic retrieval of data from the Website and App to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of the Company is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website and App the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Website and App, in any manner or in any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without our express written consent.
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Agreement or to interfere or attempt to interfere with the proper working of the Website and App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Website and App.
You agree not to copy, transcribe and/or publish, transmit, or otherwise share, in any way, directly or indirectly, any Company images, features, functionality, code or any other aspects of the Website and App, in whole or in part, with any third parties or on any third-party web sites, including, without limitation, the use of screen shots.
You agree you will not reverse engineer, disassemble or decompile any Company prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder.
You agree to be bound by any Website and Application, forum, or specific rules published within the Website and Website and App.
Unless otherwise specified, all materials that are part of the Website and App are owned, controlled, or licensed by the Company and are protected by law from unauthorized use. The entire contents of the Website and App are protected under copyright, patent, trademark, and/or other intellectual property laws. The Company, its logos, and all designs are trademarks or trade dress of the Company and may not be used without the express written permission of the Company. All other trademarks Website and Appearing on the Website and App are the property of their respective owners.
You do not acquire any ownership rights by using the Website and App or downloading material from or uploading material to the Website and App. You agree not to (and shall not allow third parties to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineers, reverse assemble or otherwise attempt to discover any source code, sell assign, sublicense, or otherwise transfer or exploit any right in the Website and App, in whole or in part, except as expressly permitted herein.
The Website and App may contain links to third party sites or third party Website and Applications, including advertisers. Please be aware that the Company is not responsible for and cannot control the terms of service or privacy policies of such other sites or Website and Applications. Users are encouraged to be aware when they leave the Website and App, and to read the Website and Applicable agreements for each site or Website and Application. This Agreement Website and Applies solely to the Website and App. The Company is not responsible for and makes no representations or warranties regarding links, including without limitation, the content, accuracy, opinions, functionality, or services provided in such linked sites or Website and Applications. Inclusion of any linked site or Website and Application on the Website and App does not imply Website and Approval or endorsement by the Company.
The content contained in the Website and App, and the terms, conditions, and descriptions that appear, are subject to change.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to the Company about the use of the Website and App shall be the exclusive property of the Company. Such Ideas will be non-confidential and the Company shall have no obligation to you, contractual or otherwise. You agree that the Company may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.
If content you own or have rights to has been posted on the Services without your permission and you want it removed, please contact [copyright@connectwithsimply.com]. Your email must include the following information:
The Company may assign its rights and obligation under this Agreement at any time. Users may not assign any rights or obligations under this Agreement without the Company’s prior written consent, which may be withheld in the Company’s sole discretion.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND APP IS AT YOUR SOLE RISK. THE WEBSITE AND APP IS PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT ALLOWED BY LAW, THE COMPANY AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS (THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE WEBSITE AND APP WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES.
COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE WEBSITE AND APP OR ANY USER COMMUNICATIONS.
COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE AND APP, WHETHER CAUSED BY USERS OF THE WEBSITE AND APP OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND APP.
COMPANY PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE WEBSITE AND APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND APP WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE AND APP WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY PARTIES OR THROUGH THE WEBSITE AND APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
You acknowledge and agree that, to the fullest extent provided by law, the entire risk arising out of your access and use of the Website and App, remains with you. Neither the Company nor any other party involved in providing the Website and App will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, equipment damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this Agreement, from the use or inability to use the Website and App, and for the third-party sites you link to through the Website and App, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not you have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose.
Except where prohibited by law, in no event will the Company’s liability arising out of or in connection with the Agreement and your use of the Website and App, from the use of or inability to use the Website and App, exceed the lesser of one hundred South African Rand (R100) or the monetary value of any actual damages incurred by you.
You agree to defend, indemnify and hold harmless Company Parties, together with any third parties that may contribute or be affiliated with the Website and App, from and against any and all claims, damages, costs, attorney’s fees, expenses, and settlements, whether grounded in contract, tort, statute, law or equity, including without limitation, claims arising from or related to your use of the Website and App, or your inability to use the Website and App, the content the Website and App contains, any sites or Website and Applications linked to the Website and App, any alleged violation of the agreement, and any alleged violation of the rights of a third party.
This Agreement is governed by the laws of South Africa, without regard to its conflict of laws rules, and the laws of South Africa. Any controversy or claim arising out of or relating to this Agreement or the Website and App, or the breach thereof, shall be settled by mandatory, binding arbitration administered by the South African Arbitration Association in accordance with its commercial or other arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration will be handled by a sole arbitrator in accordance with those rules. Any arbitration under this Agreement or in relation to the Website and App will take place on an individual basis.
If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted. The Company’s failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
Any notices of communication sent to you by the Company will be sent via the contact details you submit, which may be updated by you in writing at any time. Also, you hereby agree to OPT IN to any form of communication without limitation be it emails, Push messages, Geofences and Ibeacon notifications. It is your responsibility to ensure the Company has your current contact details at all times. Any notice sent to you via such contact details / email address by the Company shall be deemed given, received, and read by you, whether or not it is actually received and/or read.
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If you have any questions about these T’s & C’s please email us at customerservice@connectwithsimply.com
