Terms and Conditions of use of Galaxy systems.
1. By accessing any pages on Galaxy Systems like Apps the user (you, your) agrees to the following terms and conditions.
1.1. This document contains terms and conditions which appear in a similar text style to this clause in order to draw your attention to such clauses because they: 1.1.1 may limit the risk or liability of us or a third party; and/or 1.1.2 may create risk or liability for you; and/or 1.1.3 may compel you to indemnify us or a third party; and/or 1.1.4 serves as an acknowledgement, by you, of a fact. 1.2 If you do not agree with any provision contained in these Terms of Use, please stop using or accessing the systems immediately.
2. DEFINITIONS
2.1 Content means any content of this System including, without limitation, music, images, video, sound, graphics, photographs, text, all and any information, data, documents, intellectual property, materials, products, and software applications, whether or not posted to the System by the Company or Users, accessed through, or downloaded or obtained from the System and includes Third Party Content, User Generated Content and Content licensed from third parties; 2.2 Galaxy Systems like Apps / WebSites/ System means the system accessed when linking to Galaxy products both internet based and relating to physical deliverables purchased or received free of charge. 2.3 User or you shall mean the person using the System to which these terms and conditions relate whether registered as a User or not; 2.4 Network shall mean the public mobile telecommunications systems operated and made available by any of the official providers in South Africa and beyond South African borders; 2.5 Services shall mean Galaxy services provided by means of the Network as well as such other additional services or equipment related to the Services as Galaxy may, if it chooses to, make available to you from time to time, which Services are provided subject to these terms and conditions Collectively, all on-line services provided by the Company on or through the System; 2.6 Third Party Content means any Content originating from a Third Party Site; 2.7 Third Party Sites means any internet web site other than the Site; 2.8 Us or Galaxy shall mean Galaxy (PTY) Ltd t/a Galaxy with whom you have entered into this Agreement for the provision of the Services;
3. USE OF SERVICES
3.1 In order to access the Services or Content available on or through the System, you are required to create an account on the System. You must provide accurate and complete information when creating your account. 3.2 You may not attempt to use another's account, service or system without their authorization. 3.3 Your account will be password protected. Upon successful registration, you will create and enter a password of your choice and/or User identity or any other unique identifying information and you must keep your password safe and secure. You are solely responsible for the activity that occurs on your account accessed using your password. 3.4 You are responsible for ensuring that no unauthorised access to the Services is obtained using your password. You will be liable for all such activities conducted pursuant to such use, whether authorised or not. 3.5 In the event that You become aware that the secrecy or confidentiality of your password or User identity has become compromised and/or your password or User identity has been disclosed to any unauthorised person, You are required to immediately notify Us in order that the password or User identity can be de-activated and new ones issued. The System's administrator may be contacted at support@Galaxy.mobi. 3.6 Users shall be fully responsible and liable to Us for any use or misuse of their password or User identity. Any actions or omissions committed on the User's account will be considered to have been committed by the User. The User will indemnify Us for any claim, liability, damage or loss arising as a result of the use or misuse of the User's password or User identity. 3.7 You may only use the Services for lawful purposes and you warrant that you shall not: 3.7.1 use the Services to receive or transmit material that is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; 3.7.2 use the Services for the transmission of 'junkmail', 'spam', 'chain letters', or unsolicited mass distribution of e-mail; 3.7.3 store on your device or print copies of extracts from the System, other than for your personal and non-commercial use; 3.7.4 'mirror' or cache information provided via the System on your own server, other than for your personal and non-commercial use; 3.7.5 copy, adapt, modify or re-use the text or graphics from the System other than for your personal and non-commercial use; 3.7.6 collect or harvest any personally identifiable information, including account names, from the System.
4. ELIGIBILITY
4.1 You warrant that you have the required legal capacity to enter into and be bound by these terms and conditions that constitute a legally binding contract. 4.2 Membership of the System is void where prohibited by law or these terms and conditions.
5. SERVICE AVAILABILITY
5.1 We will use reasonable endeavors to make the Service and the System available to Users at all times but we cannot guarantee that there will be no interruptions or periods of unavailability of the System, content and information offered on the System, nor is any level of availability warranted. 5.2 We do not guarantee the correctness, accuracy or validity of any Third Party Content. In particular we make no warranty that the Services will meet your requirements, complete, timely, secure or error free. 5.3 We will use reasonable endeavors to notify Users of any maintenance and repairs that may result in the service being unavailable, but we cannot warrant or otherwise contractually undertake that such notice will be given.
6. USER GENERATED CONTENT
6.1 The User is permitted to upload and share any Content on the System upon successful registration (User generated content). You shall be solely responsible for your own User generated content and the consequences of publishing it on the System. 6.2 While we believe Users should be able to express their views, opinions, ideas and beliefs, we deem certain kinds of expressions to be unacceptable on the System. Therefore, you may not post or share Content or material or send a message that: 6.2.1 is obscene, pornographic, vulgar, profane, indecent, sexually explicit, 6.2.2 depicts graphic or gratuitous violence; 6.2.3 makes threats of any kind or that intimidates, harasses, or bullies anyone and/or contains hate speech; 6.2.4 is derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful, abusive, threatening, harmful or racially offensive; 6.2.5 is false, misleading and/or misrepresents Galaxy or any third party; 6.2.6 Impersonates another person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity; 6.2.7 is unlawful, or violates any applicable law; 6.2.8 that would encourage or provide instructions for a criminal offense; 6.2.9 any personally identifiable or private information of any third party; 6.2.10 that contains software viruses or any other computer code, files, destructive materials, data or programs designed and/or able to corrupt, interrupt, destroy or limit the functionality of, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of any computer software, system or hardware or telecommunications equipment 6.3 You hereby grant us and each user of the System a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of and display your User generated content as envisaged by the System. 6.4 You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use your User generated content in the manner contemplated on the System in respect of the Services. 6.5 We do not endorse any User generated content or any opinion, recommendation or advice expressed therein. 6.6 We do not permit copyright infringing activities and infringement of intellectual property rights on the System, and we will remove all User generated content if properly notified that such Content or User Submission infringes on another's intellectual property rights
7. THIRD PARTY WEBSITES AND CONTENT
7.1 The System contains (or you may be sent through the System or the Service) links to Third Party Sites as well as Third Party Content. The hyper-link(s) are provided solely for your convenience. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. You are urged to access Third Party Sites with caution and at your own risk. 7.2 Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. 7.3 If you decide to leave the System and access Third Party Sites, use any Third Party Content or install any software or applications available from a Third Party Site, you do so at your own risk. 7.4 The Third Party Sites and Third Party Content will be subject to their own policies, terms and conditions and the User is advised to review the applicable policies, terms and conditions, including privacy and data gathering practices, of any Third Party Site and the terms and conditions relating to any applications or Third Party Content you use or install from the Third Party Site. 7.5 You are not to alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from Third Party Content.
8. REVIEW OF CONTENT
We may review the System and may remove (without notice) any Content that we, in our sole and absolute discretion, for no reason or any reason, including without limitation, Content uploaded by Users, which in our judgment violates these terms and conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Users or any other party. We accept no liability for the removal of the Content from the System. You are solely responsible at your own cost for creating backup copies of any Content you post or store on the System or provide to the Company. We reserve the right to terminate your access to the System.
9. INDEMNIFICATION
9.1 You indemnify and hold Galaxy harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by Galaxy, which arises directly or indirectly out of a breach of these terms and conditions by you or by your use of the Services and/or the System, other than in respect of losses caused by the gross negligence or intentional misconduct of Galaxy or any of their respective employees, directors or agents. 9.2 Galaxy shall not be liable to you for any loss from any cause whatsoever and you shall not be entitled to bring any claim or action against Galaxy caused by any action or omission of Galaxy, other than in respect of losses caused by the gross negligence or intentional misconduct of Galaxy or any of their respective employees, directors or agents. 9.3 Without affecting the generality of the above, Galaxy shall not be liable to you for failure on our part to perform any obligations as a result of technical problems relating to the Network, termination of any license to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Galaxy.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 You acknowledge that we own the Copyright and Intellectual Property Rights in and to the Services and the System (except for User generated content or Third Party Content) alternatively, we are the lawful user. The unauthorised use, unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials as provided in these terms and conditions. The word or mark Galaxy however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on the System whether registered or unregistered, are our trademarks. 10.2 When you post Content to the System, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the System.
11. TERMINATION AND VARIATION
We reserve the right to alter, restrict and/or terminate the Services to you in particular, or to the public in general, or to revise these terms and conditions, and/or the prices at which the Services are offered, at any time. Such changes will be posted on the System and be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.
12. GENERAL
12.1 These terms and conditions will be governed by and construed in accordance with the laws of South Africa and you shall submit to the jurisdiction of the South African Courts. 12.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions. 12.3 Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing. 12.4 These terms and conditions, as varied by us from time to time, above constitute the sole agreement between you and us.
13. PRIVACY STATEMENT
3.1 We are committed to respecting the privacy of your personal data. To demonstrate our commitment, we created this Security and Privacy Statement in order to communicate our intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information. 13.2 What type of information is Galaxy collecting and what do we use it for? For the purpose of business communications, administration and transacting, improving the Services, creating products or services that may meet your future requirements and/or delivering targeted advertising to you within our various current and future web and mobi portals, we may collect and use personal information. Galaxy will not collect, store, process, transmit or otherwise handle private information for any other purpose. 13.3 Will Galaxy disclose any of my personal information? Galaxy does not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, for example, we may disclose your data to a credit card or authorized financial institution/company to obtain payment for a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, Galaxy may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws. Galaxy will not sell your personal information to third parties. 13.4 What about the security of my personal data? Galaxy has implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an ongoing basis. Please note that Galaxy cannot be responsible for the privacy policies and practices of other web sites you may access using links from the System. We recommend that you check the policy of each site you visit and that you contact that specific organisation if you have any concerns or questions. Please be aware that Internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching this System. Galaxy therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control. 13.5 The use of Cookies. We may store some information (commonly known as a "cookie") on your device when you visit this System. This enables us to recognise you during subsequent visits. Apart from merely establishing basic connectivity and communications, Galaxy may also use this data in aggregate form to develop customised services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser or device you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. Preventing cookies will obviously cause most features not to be accessible. 13.6 Amendments to this Privacy Statement: Galaxy reserves the right to amend or modify this Privacy Statement at any time.
We recommend that you review the policy on a regular basis.
2021 Paradigm Alpha. All rights reserved.
