Terms of use
This is the agreement that governs your use of DynamicAssets.co.za.
DynamicAssets.co.za is a service of Binary Dynamics (Pty)
Ltd. The Terms of Service (the “Agreement”) below this summary is a legal
document which is, by its nature, filled with legal terms. In an attempt to make
things easier to read, Binary Dynamics (Pty) Ltd (referred to as
“DynamicAssets.co.za,” “We,” “Us,” “Our,” and “Binary Dynamics”) has included a
short summary here, which includes a high level explanation of the Agreement,
section by section. This summary is provided in addition to the Agreement, but
You (meaning the person accepting the Agreement and the company (if any) on
whose behalf he/she is acting) must still read the Agreement, because the
Agreement (and not this summary) is the only document that is legally binding. Any references to
the “Service” mean all the products and services offered on
DynamicAssets.co.za's website.
Introductory paragraph:
The introduction defines who We are, who You are, what the Service is, and
states that Your use of the Service is an acceptance of the Agreement and that
We may change the Agreement from time to time. Also, if You agree to any terms
with DynamicAssets.co.za beyond what is in this Agreement, and those terms
differ from what’s included here, then those additional terms will govern Your
relationship with Us.
What Are the Basics About Accessing and Using the Service: This section outlines that Your use of the Service is for
Your business purposes only, that You must decide whether to transfer Your
content over various networks in encrypted or unencrypted form, that You are
responsible for maintaining the security of Your password, and that We aren’t
responsible for the equipment You need to access the Service.
Do You Have to Pay To Use the Service:
This section outlines that the Service has a monthly fee, and that You are
obligated to pay that fee if You choose to purchase the paid services We offer.
What Restrictions Govern Your Use of the Service:
This section describes things that You are not allowed to do. This includes
hacking into or duplicating Our code, being malicious in some other way,
breaking the law, or violating someone else’s rights. None of these items affect
normal and expected use of the Service.
Who Owns the Content You Access on the Service/What About
Rights to Use Each Other’s Names and Logos:
This section outlines that the graphics, logos, etc. We provide through the
Service are either Our property or licensed to Us for Our use. We can use Your
name and logo to identify You as one of Our customers.
How Can DynamicAssets.co.za Terminate the Agreement or Limit
Your Use of the Service/Can You Cancel Your Account:
This section outlines that We may discontinue or change the services that We
offer from time to time, and You may be limited in the features of the Service
You can access. If We think You’re in breach of this Agreement, We may terminate
Your account. Some sections of the Agreement will survive termination. Also, You
are responsible for cancelling the Service if You no longer want it - and You
understand that all of Your data may be deleted from Our systems at that point
in time.
How Does DynamicAssets.co.za Treat Information We Collect
from You: This section is simply a reference to Our Privacy Policy
located at
http://www.DynamicAssets.co.za/privacy.aspx.
Does DynamicAssets.co.za Offer Support:
This section explains that We offer support through email, but We don’t make any
promises about how quickly We’ll respond, or whether You’ll get the results You
wanted. That said, since We're a Customer Service Company that practices what we
preach, we'll do our best to make you smile.
What Other Legal Terms Apply to the Service:
•
Indemnification: This section
states that You're responsible for Your own content and actions and that You
will indemnify DynamicAssets.co.za from liabilities that may arise from Your use
of the Service.
•
Warranty Disclaimer: This
section outlines that the Service is provided on an "AS IS" basis and that We're
not making any warranties about the Service. We put this section in bold because
it’s important You read and acknowledge it.
•
Limitation of Liability: This
section outlines the limits of Our liability. As a paying customer, the greatest
liability that We may have to You is the amount of the previous
two (2) months of fees that We had collected from You. Like the
warranty section, We put this section in bold because it’s important You read
and acknowledge it.
•
Other terms: This section is
more legal language that talks about enforcement of the Agreement, and what will
happen in case there is a dispute between You and Us. Also, it says that this
Agreement doesn’t mean You are Our partner or employee or anything similar.
Again, the actual legally binding document starts below.
Everything above is just an explanation, and isn’t part of the Agreement.
Terms of Service
The following terms and conditions (the “Agreement”) govern
all use of the www.DynamicAssets.co.za and www.binary-dynamics.com websites (the
“Site”) and the products and services available at the Site (taken together with
the Site, the “Service”). In this Agreement, “You” or “Your” means the person
accepting this Agreement and the company (if any) on whose behalf he/she is
acting, and “We,” “Us,” “Our,” “Binary Dynamics,” or “DynamicAssets.co.za” means
Binary Dynamics (Pty) Ltd By using or accessing any part of the
Service, You agree that You are at least eighteen (18) years old and have read,
understand, and agree to be bound by all of these terms and conditions. If You
do not agree to all of these terms and conditions, You must not use or access
the Service. If You are entering into this Agreement on behalf of a company, You
represent that You have the authority to bind that company to the terms of this
Agreement. We reserve the right, in Our sole discretion, to modify or
replace any of the terms or conditions of this Agreement at any time. Your
continued use of the Service following the posting of any changes to this
Agreement constitutes Your acceptance of those changes and You are responsible
for reviewing those terms as We notify You about them. Some products or services
that become available at the Site may be subject to additional or different
terms and conditions, and if those additional terms and conditions conflict with
this Agreement, those additional terms and conditions will control.
1. What are the Basics About Accessing and Using the Service?
The Service is solely for Your business purposes and is
offered and provided subject to the terms and conditions of this Agreement.
As a condition to using some parts of the Service, You may
be required to register with DynamicAssets.co.za and select a password, user
name (“DynamicAssets.co.za User ID”) and a site name ("DynamicAssets.co.za Site
Name"). You may not (i) select or use as a DynamicAssets.co.za User ID or
DynamicAssets.co.za Site Name a name of another person or company with the
intent to impersonate that person or company; or (ii) use as an
DynamicAssets.co.za User ID or DynamicAssets.co.za Site Name a name that You do
not have permission to use. DynamicAssets.co.za reserves the right to refuse
registration of, or cancel a DynamicAssets.co.za User ID or DynamicAssets.co.za
Site Name in its discretion. You are responsible for maintaining the
confidentiality of Your DynamicAssets.co.za password and other account
information. You agree that the information You provide DynamicAssets.co.za will
be accurate, complete, and up to date, and if We determine that the information
does not meet those standards, or if You violate any of these requirements, We
may immediately terminate the Agreement for Your breach and/or suspend Your use
of the Service.
DynamicAssets.co.za provides the Service only. You are
responsible for providing whatever resources You need to access and use the
Service.
2. Do You Have to Pay to Use the Service?
From time to time We may invite You to try, at no charge,
Our products or services that are not generally available to Our customers
("Non-GA Services"). You may accept or decline any such trial in Your sole
discretion. Any Non-GA Services will be clearly designated as beta, pilot,
limited release, developer preview, non-production or by a description of
similar import. Non-GA Services are provided for evaluation purposes and not for
production use, are not supported, may contain bugs or errors, and may be
subject to additional terms. NON-GA SERVICES ARE NOT CONSIDERED "SERVICES"
HEREUNDER AND ARE PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY. We may
discontinue Non-GA Services at any time in Our sole discretion and may never
make them generally available.
As part of Your use of the Service, You may choose to
purchase some for-fee services. We offer features paid for on an subscription
basis. If You choose to purchase any
subscription service,
You are responsible for paying the applicable prices for each
subscription service.
Subscription fees are payable in
advance.
What Are the Fees for using DynamicAssets.co.za?
We offer individual
fee structures to suit your business at our sole discretion, and we are under no obligation to
offer such alternatives to all users. The actual price you will pay for any
Services shall be the price listed in the Billing section of your account or by
other agreement.
What are DynamicAssets.co.za’s Payment Policies?
You may choose whether you are billed by the Month, calendar
quarter, or calendar year (each, a “Subscription Period”), though We may choose
to offer alternative billing periods, such as calendar quarter, or calendar year
(each, also, a “Subscription Period”). Fees for each Subscription Period will be
pre-paid at the start of the Subscription Period.
If your payment is not received within fifteen (15) days, it
will be considered a breach of the Agreement and DynamicAssets.co.za will
terminate Your account. You will receive
your invoice in
an email, unless You and DynamicAssets.co.za have agreed
otherwise.
If You add a Service during a Subscription Period (or if You
choose to “upgrade” any Service to a more expensive option), any incremental
cost will be prorated over the remaining term of the applicable Subscription
Period and charged to Your account. If You remove a Service during a Subscription Period (or
“downgrade” any Service to a less expensive option), any unused portion will be
prorated over the remaining term of the applicable Subscription Period and a
credit (toward future purchases) will be applied to your account but no refunds
will be awarded.
Except as provided in this paragraph, all fees pre-paid by
You are non-refundable. If You have chosen to be billed quarterly or annually,
You will receive a partial refund of the fees You pre-paid if We terminate any
of Your Subscriptions for any reason other than Your breach of this Agreement
(or any other terms You have agreed to with DynamicAssets.co.za). Your refund
will consist of all pre-paid fees for each complete Month remaining in Your
Subscription Period; You will not receive a refund for any portion of the Month
in which We terminate this Agreement.
You are responsible for all taxes, duties, and other
governmental assessments associated with Your activity in connection with the
Service, whether or not You choose to purchase a Subscription from
DynamicAssets.co.za.
3. What Restrictions Govern Your Use of the Service?
You will not, nor permit anyone else to, directly or
indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to
discover the source code or underlying algorithms of all or any part of the
Service (except that this restriction will not apply to the limited extent Your
local law prohibits restrictions on reverse engineering); (ii) modify or create
derivatives of any part of the Service; (iii) rent, lease, or use the Service
for timesharing or service bureau purposes, or otherwise use the Service for any
commercial purpose; or (iv) remove or obscure any proprietary notices on the
Service. DynamicAssets.co.za (and not You) owns all title, ownership rights, and
intellectual property rights in and to the Service, and any copies or portions
thereof.
You will not use any “deep-link”, “page-scrape,” “robot,”
“spider,” or other automatic device, program, algorithm or methodology, or any
similar manual process, to access, acquire, copy or monitor any portion of the
Service or any Content (as that term is defined in Section 4 below), or in any
way reproduce or circumvent the navigational structure or presentation of the
Service or any Content, to obtain or attempt to obtain (through any means) any
materials, documents or information that are not purposely made available as
part of the Service.
You will not attempt to gain unauthorized access to any
portion or feature of the Service, or any other systems or networks connected to
the Service or to any DynamicAssets.co.za server, or to any of the services
offered on or through the Service, by hacking, password “mining,” or any other
illegitimate means.
You will not probe, scan or test the vulnerability of the
Service or any network connected to the Service, and You will not breach the
security or authentication measures on the Service or any network connected to
the Service.
You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Service or
DynamicAssets.co.za’s systems or networks, or any systems or networks connected
to the Service or to DynamicAssets.co.za.
You will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Service or any
transaction being conducted on the Service, or with any other person’s use of
the Service.
You will not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or transmission You
send to DynamicAssets.co.za on or through the Service. You will not, in
connection with the Service, pretend (e.g., through impersonation) that You are
any other individual or entity.
You will not use the Service or any Content for any purpose
or in any manner that is unlawful (including, without limitation, in any manner
which violates the export or trade controls of the
R.S.A. or any other country) or prohibited by this Agreement, or
which infringes the rights of DynamicAssets.co.za or others.
Your use of the Service is subject to all applicable local,
provincial,
national and international laws and regulations. Without limitation, you
represent and warrant and agree to not use the Service to upload, post,
transmit, share, store or otherwise make available:
• any content or Item that victimizes, harasses, degrades,
or intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
• any unsolicited or unauthorized advertising,
solicitations, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any similar form of solicitation;
• any unauthorized private information of any third party,
including, without limitation, addresses, phone numbers, email addresses, Social
Security numbers and credit card numbers;
• any content or Item that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
• any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
• any content or Item that is illegal under or otherwise
violates or fails to comply with any local, state, national or international law
or would constitute, encourage or provide instructions for a criminal offense,
or violate the rights of any party (including without limitation rights of
privacy and publicity);
• any content or Item that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
private information, inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements); or
• any content that, in our sole judgment, may expose
DynamicAssets.co.za or its users to any harm or liability of any type.
4. Who Owns the Content You Access on the Service? What About Rights to Use Each
Other’s Names and Logos?
You agree that all content (including without limitation
text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, software, forum postings, and video) and materials
(collectively, “Content”) delivered via the Service or otherwise made available
by DynamicAssets.co.za at the Site are the exclusive property of
DynamicAssets.co.za and are protected by copyrights, trademarks, service marks,
patents, trade secrets or other proprietary rights and laws. Content does not
include Your User Data (as defined above), which is Your property. Except as
expressly authorized by DynamicAssets.co.za in writing, You agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from such
materials or content. However, You may print or download a reasonable number of
copies of the Content on the Site for Your own informational purposes; provided,
that You retain all copyright and other proprietary notices contained in that
Content. Reproducing, copying or distributing any Content for any other purpose
is strictly prohibited without the express prior written permission of
DynamicAssets.co.za.
You hereby consent that, if You choose to become a paying
customer of DynamicAssets.co.za, DynamicAssets.co.za may identify You as an
DynamicAssets.co.za customer (using Your name and logo) and generally describe
the products or services it provides to You in its promotional materials,
presentations, and proposals to other current and prospective customers.
Third Party Services, Other Websites and Content
You understand and agree that your use of the Service may
involve the creation or use of Content that may be governed by the Terms of
Service of third party websites. You hereby agree to review and comply with the
Terms of Service of third-party websites used by the Service. You agree to
indemnify DynamicAssets.co.za for any losses, costs, expenses or damages
incurred by DynamicAssets.co.za due to your violation of a third party’s Terms
of Service. The Service may contain (or you may access through the Service)
pages, web feeds, streams, widgets and other content from other websites (“Third
Party Services”) which may contain articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, software and other content
belonging to or originating from third parties (the “Third Party Content”).
Third Party Services and Third Party Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party Services accessed through the Service or any
Third Party Content linked or posted through the Service, including without
limitation the content, accuracy, offensiveness, opinions, reliability,
legality, or policies of or contained in the Third Party Services or the Third
Party Content. Inclusion of or linking to any Third Party Service or any Third
Party Content does not imply approval or endorsement of the Third Party Service
by us. If you decide to access any Third Party Services, you do so at your own
risk and you should be aware that our terms and policies may no longer govern.
You should review the applicable terms and policies, including privacy and data
gathering practices, of any Third Party Services which you utilize or to which
you navigate.
5. How Can DynamicAssets.co.za Terminate this Agreement or Limit Your Use of the
Service? Can You Cancel Your Account?
DynamicAssets.co.za is constantly working to improve the
Service, so it may make changes to the Service periodically (including
discontinuing certain parts of the Service), but it will inform You about
material changes via this site. If You don’t like the changes, Your only remedy
is to stop using the Service. If DynamicAssets.co.za decides to permanently stop
offering the Service entirely, it will inform You of that in advance as well.
DynamicAssets.co.za may terminate Your access to all or any
part of the Service at any time if DynamicAssets.co.za believes You are in
breach of this Agreement or in breach of any additional terms
DynamicAssets.co.za may agree to with You. Termination will be effective upon
notice thereof to You. Upon receiving notice of termination from
DynamicAssets.co.za, You will no longer access (or attempt to access) the
Service. Some parts of the Service may be unavailable to You, depending on
whether You have chosen to purchase a Subscription or in accordance with
additional terms You may have agreed to with DynamicAssets.co.za.
Some provisions of this Agreement are meant to survive
termination; for example, the terms regarding ownership of the Content on the
Site, the section where We tell You that the Service is provided “AS IS,” and
the section where We limit Our liability to You. The provisions that a
reasonable person would assume are meant to survive termination, including the
examples above, will survive termination.
If You choose to cancel Your account, You will lose access
to all of Your User Data or any other information associated with Your account,
and DynamicAssets.co.za may permanently delete Your User Data and information at
that time. Your User Data and other information cannot be recovered after You
cancel Your account, so don’t cancel Your account unless You are sure You no
longer need Your User Data or information.
6. How does DynamicAssets.co.za Treat Information We Collect From You?
DynamicAssets.co.za's current privacy policy (the “Privacy
Policy”) is available at the Site, and is hereby incorporated into this Agreement by
this reference. DynamicAssets.co.za strongly recommends that You review the Privacy
Policy closely.
7. Does DynamicAssets.co.za Offer Support?
DynamicAssets.co.za offers technical support as described
in the specific agreement we
reach with you, but We do not make any promises regarding how fast We will
respond to a request for support or that We will be able to fix any problems You
may be having. We reserve the right to access any and all of Your User Data in
order to respond to Your requests for support.
8. What Other Legal Terms Apply to the Service?
Indemnification: You are responsible for all
User Data, and for Your activity in connection with the Service. You shall
indemnify and hold harmless DynamicAssets.co.za (and its affiliates), and each
of its (and its affiliates) respective employees, contractors, directors,
suppliers and representatives from all liabilities, losses, claims, and
expenses, including reasonable attorneys' fees, that arise from (i) Your use or
misuse of the Service; (ii) Your access of or to any part of the Service; (iii)
any User Data; or (iv) Your violation of this Agreement or any additional terms
You agree to with DynamicAssets.co.za.
Warranty Disclaimer: The Service
(including, without limitation, the Site and any software DynamicAssets.co.za
may provide to You) is provided on an "AS IS" basis, without warranties of any
kind, either express or implied, including, without limitation, implied
warranties of title, merchantability, fitness for a particular purpose or
non-infringement. Neither DynamicAssets.co.za nor DynamicAssets.co.za’s vendors
makes any warranty that (i) the Service is free of viruses or other harmful
components; (ii) the Service will be error-free or uninterrupted (including,
without limitation, interruptions that occur in the context of regularly
scheduled maintenance); (iii) any information or advice obtained by You in
connection with the Service will be accurate or complete; or (iv) the results of
using the Service will meet Your requirements.
Limitation of Liability: In no event
shall DynamicAssets.co.za or its vendors be liable under contract, tort, strict
liability, negligence or any other legal theory with respect to the Service (or
any content or information available through the Service): (i) for any lost
profits or special, indirect, incidental, punitive, or consequential damages of
any kind whatsoever, even if foreseeable, (ii) for any bugs, viruses, trojan
horses, or the like (regardless of the source), (iii) for any errors or
omissions in, or for any loss or damage of any kind incurred as a result of Your
use of, any Content or other information posted, emailed, transmitted or
otherwise made available at or through the Service, or (iv) for any direct
damages in excess of (in the aggregate)
R1000.00 (ZAR), or, if You
have purchased one or more Subscription(s), in excess of (in the aggregate) the
fees paid or payable by You for such Subscription(s) for the
two (2) month period preceding the claim that led to
such damages. In addition, DynamicAssets.co.za shall not be liable for any loss
or liability resulting, directly or indirectly, from Your inability to access or
otherwise use the Site or Service (including, without limitation, any delays or
interruptions due to electronic or mechanical equipment failures, denial of
service attacks, data processing failures, telecommunications or internet
problems or utility failures). The foregoing limitations shall not apply to the
extent that they are prohibited by Your local applicable law.
Other terms: This Agreement is void where
prohibited by law, and Your right to access the Service is revoked in such
jurisdictions. You certify that You are legally permitted to use the Service,
and You take full responsibility for Your selection and use of the Service. The
failure of either party to exercise (in any respect) any right provided for
under this Agreement shall not be deemed a waiver of any further rights
hereunder. DynamicAssets.co.za shall not be liable for any failure to perform
its obligations under this Agreement where such failure results from any cause
beyond DynamicAssets.co.za’s reasonable control (including, without limitation,
mechanical, electronic or communications failure or degradation, including
"line-noise" interference). If any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable. This Agreement is not assignable, transferable
or sub licensable by You except with DynamicAssets.co.za’s prior written
consent. DynamicAssets.co.za may transfer, assign or delegate this Agreement and
its rights and obligations without consent. This Agreement shall be governed by
the internal laws of the South Gauteng High Court, and the parties submit to the
exclusive jurisdiction and venue of the
provincial and federal courts located in
Johannesburg, Gauteng.
Notwithstanding the foregoing sentence, (but without limiting either party’s
right to seek injunctive or other equitable relief immediately, at any time, in
any court of competent jurisdiction), any disputes arising with respect to this
Agreement shall be settled by arbitration in accordance with the rules and
procedures of the
Association of Arbitrators (Southern Africa).
The arbitrator shall be selected by joint agreement of the parties. In the event
the parties cannot agree on an arbitrator within thirty (30) days of the
initiating party providing the other party with written notice that it plans to
seek arbitration, the parties shall each select an arbitrator affiliated with
the
Association of Arbitrators (Southern Africa).,
which arbitrators shall jointly select a third such arbitrator to resolve the
dispute. The written decision of the arbitrator shall be final and binding on
the parties and enforceable in any court. The arbitration proceeding shall take
place in Johannesburg, Gauteng,
using the English language. Both parties agree that this Agreement is the
complete and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements, communications
and other understandings relating to the subject matter of this Agreement, and
that all modifications must be in a writing signed by both parties, except as
otherwise provided herein. No agency, partnership, joint venture, or employment
is created as a result of this Agreement and You do not have any authority of
any kind to bind DynamicAssets.co.za in any respect whatsoever. Headings for
each section have been included above for Your convenience, but such headings
don’t have any legal meaning, and may not accurately reflect the provisions they
precede.
Effective: January 31, 2012