“bleedingEdge” shall mean The Bleeding Edge (Pty.) Ltd.
The “Application” shall mean the software provided by bleedingEdge to offer services related to bleedingEdge, bleedingEdge’s services and its partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
3. DATA PROTECTION
4. PROPRIETARY RIGHTS AND LICENCE
4.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by or by bleedingEdge’s licensors.
4.2. bleedingEdge hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your business and personal use in accordance with these appterms.
5. CONDITIONS OF USE
5.1. You will not, nor allow third parties on your behalf to
(i) make and distribute copies of the Application
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or
(iii) create derivative works of the Application of any kind whatsoever.
5.2. The Application is currently made available to you free of charge for your personal, non-commercial use. bleedingEdge reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these appterms, at any time and for any reason.
5.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
6.1. This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. bleedingEdge will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside bleedingEdge’s reasonable control.
6.2. bleedingEdge does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
6.3. bleedingEdge will not be responsible for any support or maintenance for the Application.
7. SYSTEM REQUIREMENTS
7.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
7.2. The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English, Italian, German, Spanish, French.
7.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
8.1. bleedingEdge may terminate use of the Application at any time by giving notice of termination to you.
8.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
9. LIMITATION OF LIABILITY
9.1. In no event will bleedingEdge be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
9.2. bleedingEdge is not liable to you for any damage or alteration
to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
9.3. Nothing in these Appterms shall exclude or limit bleedingEdge’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.s
10. NATIONAL CONSUMER PROTECTION ACT 68 OF 2008
If these Terms (or any contract governed by these Terms) or the content provided are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
10.1 No provision of these Terms (or any contract governed by these Terms):
10.1.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
10.1.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
10.1.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.