My Centsys Pro TERMS AND CONDITIONS PDF

GENERAL TERMS AND
CONDITIONS OF USE
OF THE APP
centurion.systems www.centsys.com
+27 860 236 887 Centurion Systems is a Company of the
FAAC Simply Automatic Business Unit
Technical support line: +27 861 003 123 (Monday - Friday: 07h00 - 18h00, Saturday: 8h00 - 16h30 GMT +2)
E&OE. Centurion Systems (Pty) Ltd reserves the right to chanange any product without prior notice
The use of the App is subject to the terms and conditions of use set out below. By using the App
the User agrees and is deemed to have agreed to observe all terms & conditions of use,
including any privacy or other policies which may appear elsewhere on the App.
1. About Centurion Systems (Pty) Limited (“CentSys”)

CentSys is registered as a private company in terms of the company laws of South Africa.
CentSys is the owner of the My Centsys Pro app.
2. Definitions:
In this Agreement, the following definitions are used:
2.1. Days. means clear calendar days, excluding any public holidays;
2.2. App. means the App My Centsys Pro. All references to use of the App in this Agreement
extends mutatis mutandis to use of the My Centsys Pro App;
2.3. User means any person who accesses the App;
2.4. ECT Act means the Electronic Communications & Transactions Act 25 of 2002;
2.5. Device means a mobile device, including but not limited to a cellular phone and a tab
let, on which the My Centsys Pro App is loaded, alternatively on which the My Centsys
Pro App is accessed.
3. This Agreement – Deemed Acceptance:

3.1. This Agreement regulates your use of the My Centsys Pro App which is owned and
operated by CentSys. By accessing and using the App, you agree to be bound by the
terms and conditions of this Agreement. If you do not agree to be bound by this
Agreement, you may not access, display, download and/or otherwise utilise any
functionality or content available, on the App.
3.2. By clicking the ‘Accept” button, the User specifically accepts that s/he is bound by these
terms and conditions.
4. General Disclaimer:
4.1. Although CentSys utilises its best endeavours to provide accurate information on the
App, it accepts no responsibility for inaccurate and/or incomplete information that may
be published on the App. Further, CentSys accepts no responsibility for inaccurate and/
or incomplete information provided by Users and/or third parties to the App. Users
agree to access and use the App entirely at their own risk.
4.2. With reference to clause 9: to the extent that the User suffers any damage or harm
through the direct or indirect use of the App, the User indemnifies CentSys to the
full extent of such loss, and holds CentSys harmless.
5. Use of App & Use Of G Series Devices, SIM Cards

5.1. CentSys may, in its sole discretion, amend these terms and conditions from time to time
at which time the new terms and conditions will immediately come into effect.
5.2. Use of the App is strictly at the sole risk of the User.
5.3. Unless otherwise indicated, Users are welcome to copy, download or print out any of the
visible text or images on the App for personal use.
5.4. Where any My CentSys Pro App hardware devices are provided with pre-installed SIM
cards; the User recognises that, under no circumstances, may the SIM card be removed
for the purpose of use in conjunction with another device. A failure to comply with this
term will result in the automatic suspension of the SIM card.
6. Client Account Registration

When making application to become a User, Users agree that:
6.1 They will be irrevocably bound by all terms and conditions applicable to the use of the
App;
6.2 They will provide full and accurate information;
6.3 It is the User’s responsibility to check and update information pertaining to their User
account;
6.4 Users are solely responsible for all activity of their account, irrespective of their knowl
edge and/or expressed authorisation to any other person to do the same. The User is
responsible for reporting unauthorised use, and may request new login credentials and/
or change of password;
6.5 On submitting registration applications, the User shall be subject to a verification
procedure. Only successful applicants will be entitled to successful registration and,
accordingly, use of the App.
7. Amendments to Content, Information & Software

7.1 CentSys expressly reserves the right in its sole discretion to effect any amendment or
alteration to the content and information provided solely by CentSys, including pricing
and rates.
7.2 CentSys does not and will not amend or alter any content provided and or uploaded
directly by the User, unless authorised by the User to do so. This is the sole responsibility
of the User.
7.3 Users acknowledge that it is their responsibility to familiarise themselves with any
effected amendment or alteration.
7.4 Software Updates: from time to time, CentSys may release software updates. In such
instance, Users shall be obliged to download and deploy all such updates. Users who do
not do so recognise that this election may result in CentSys refusing to support or
maintain the User’s software. Users who opt-in for automatic updates recognise that
CentSys may release such updates at any given time of day or night.
8. Privacy Policy
8.1 We respect the privacy of every User who uses the App. As a result of this, we would
like to inform you regarding the way we would use your personal data, which shall be
done in accordance with the Protection of Personal Information Act, No. 4 of 2013, and
only for the purpose set out in these terms and conditions.
8.2 The points below will help you understand our general approach towards the use of
your personal data, however, to the extent that there is any conflict as a result of a
waiver of this clause by a User, that specific clause, and not the general approach, will
be enforced and supersedes the general approach.
8.3 By submitting your personal data to CentSys, it will be deemed to have been given with
your permission, where necessary and appropriate, for disclosures referred to in this
policy
General Approach to Personal data
8.4 CentSys shall use your personal information in accordance with the Protection of
Personal Information Act, No. 4 of 2013. By making use of the App, every user expressly
agrees to this term, and also acknowledges that it is strictly necessary. The user hereby
consents to CentSys using and processing any personal information in accordance with
the Protection of Personal Information Act 4 of 2013, for processing of the users use as
stated herein.
8.5 CentSys will collect and use personal information solely with the objective of fulfilling
those purposes specified and for other compatible purposes, unless it obtains the
consent of the individual concerned or as required by law.
8.6 CentSys will only retain personal information as long as necessary for the provision of
software for the App, maintenance of the same, and any related activities.
8.7 CentSys will only collect personal information by lawful and fair means and, where
appropriate, with the knowledge or consent of the individual concerned.
8.8 Personal data should be relevant to the purposes for which it is to be used, and, to the
extent necessary for those purposes, should be accurate, complete, and up-to-date.
8.9 CentSys will protect personal information by reasonable security safeguards against loss
or theft, as well as unauthorized access, disclosure, copying, use or modification.
8.10 CentSys is committed to conducting business in accordance with these principles in order
to ensure that the confidentiality of personal information is protected and maintained,
however CentSys does not guarantee a breach of such confidentiality arising out of
malicious activities and/or activities over which it has no control.
8.11 It is recognised and agreed that CentSys stores backups of all data, as part of its best
practice standard operating procedure.
8.12 All Users expressly opt-in and agree that all CentSys technical support personnel are
entitled to access all personal data. It is recognised, expressly, that without opting-in and
agreeing to this, it is entirely impossible for CentSys to offer any technical support to
Users
9. Disclaimers and Exclusion of Liability

9.1 It is a term and condition of use of the App that Users expressly agree that the use of the
App is entirely at their own risk.
9.2 This entire App, including text, images, links, downloads and coding, is provided “as is”
and “as available”. CentSys makes no representations or warranties, express or implied,
including but not limited to warranties as to the correctness or suitability of either the
App or the information contained in it.
9.3 Subject to Chapter 7 of the ECT Act, CentSys, its officers, employees, suppliers, partners,
affiliates and agents, shall not be liable for any damage, loss or liability, howsoever
arising, incurred by Users or any other persons and resulting from the use or inability to
use the App.
9.4 Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the
applicable law, CentSys disclaims all responsibility or liability for any damages, including
but not limited to direct, economic, consequential loss or loss of profits, resulting from
the use of the App in any manner.
9.5 CentSys has no control over third party content and features which can be accessed
through the use of the App and does not examine or edit such content and features or
act as an agent for third parties accessible through the App. As such and to the fullest
possible extent permissible under law CentSys disclaims any liability whatsoever for any
loss or damage arising from the use of third party Apps, contents and features.
9.6 CentSys does not warrant that the functions provided by the App will be uninterrupted or
error free, or that the App or the server is free from viruses or other harmful
components.
9.7 In all instances in which the User elects to select any option to remember his login
details, the User indemnifies CentSys entirely for any unauthorised consequences arising
therefrom.
10. Indemnity
10.1 Without derogating from the generality of clause 3 or 9: Users agree to indemnify and
hold harmless CentSys, its officers, employees, servants, subcontractors, partners,
subsidiaries and affiliates, advertiser, partners, agents and representatives from any
demand, liabilities, action or application or other proceedings, including for attorney’s
fees (attorney and own client scale) and related costs such as tracing fees, made by any
third party or User and arising out of or in connection with the Users use of the App,
third party Apps or any of the services offered through the App in any way, including but
not limited to the provision of content, from User’s unauthorised use of material
obtained from the App, from its breach of this Agreement, or from any such acts arising
through use of the App or any other violation of the rights of another person or party.
10.2 In particular, but not exclusively, Users indemnify CentSys for any unauthorised acts or
consequences that arise following of a User misplacing a Device and/or any
unauthorised use, theft or hacking of a Device.
10.3 In particular, but not exclusively, it is recognised that CentSys cannot be held liable for
any data costs incurred by the User or any third party when using the App.
10.4 While CentSys adopts a zero-tolerance approach in respect of criminal activities
conducted by any of its employees, and exercises all reasonable controls in furtherance
of that policy, Users indemnify CentSys for any unauthorised acts or consequences that
arise following any unauthorised acts by any CentSys employee.
11. Consumer Rights & Security

Regarding cooling-off periods: subject only to what appears below in this clause 11,
Section 42(2)(d) of the ECT Act is understood to apply to all Transactions under this
Agreement. Simply put: any new User shall enjoy a seven day cooling off period, com
mencing on the conclusion of this Agreement, to cancel the same, without prejudice
12. Receipt of Data Messages

12.1 Data messages, including e-mail messages, sent by Users to CentSys shall be deemed to
be received only when acknowledged or responded to.
12.2 A data message sent by CentSys to Users shall be regarded as received when the
complete data message enters an information system designated or used for that
purpose by the recipient and is capable of being retrieved and processed by the
recipient.
12.3 CentSys reserves the right not to respond to any e-mail or other data message which
contains obscene, threatening, defamatory or otherwise illegal, unlawful or
inappropriate content, and to take the appropriate action against the sender of such
e-mail where necessary.
13. Monitoring and interception of data messages

13.1 In order to provide a relevant and secure service and/or for reasons of monitoring and
optimising App performance, and/or where required to do so under law, CentSys may
monitor and/or intercept electronic communications such as e-mail which are sent to or
from the App. To the full extent necessary under law the User acknowledges that he or
she is aware of such potential monitoring and/or interception and consents thereto.
13.2 From time to time, CentSys may collect any technical data, including data about the
User’s Device. It is agreed that CentSys may do so in order to monitor and the App’s
Products and services, and general functionality.
14. Users further Assurance

Users further undertake not to:
14.1 Impersonate any other person or use a false or unauthorised name so as to create a
false identity and/or e-mail address or to misrepresent the origin or identity of any
communications;
14.2 Modify, access or make available any data stored on a computer device which has been
accessed through CentSys’s network;
14.3 Make use of the App to collect, harvest or otherwise obtain personal information relating
to other Users;
14.4 Make use of the App to collect, harvest, alter, adapt, replicate or otherwise utilise any
data, information or code associated with or appearing on the App; and
14.5 Utilise the App or any service provided on it to:
i. Upload, post or otherwise transmit any content that is unlawful or illegal;
ii. Upload, post or otherwise transmit any content that is threatening, harmful, abusive,
defamatory, vulgar, obscene or otherwise objectionable;
iii. Upload, post or otherwise transmit any content that constitutes harassment or hate
speech, or which is invasive of the privacy of another;
iv. Stalk or harass other Users;
v. Impersonate any person connected to the App or any service provided on it or otherwise
misrepresent their association with any such person;
vi. Take any measures to disguise the origin of any content;
vii. Take any measures to restrict access to any part of the App, including the use of
passwords and hidden pages;
viii. Upload, post or otherwise transmit any content that infringes the intellectual property
rights of a third party or which the member is restricted from uploading, posting or
otherwise transmitting by operation of law, contract or duty of care;
ix. Use the App or any service provided on it to engage in any unsolicited, unlawful or
unauthorised marketing, advertising or promotional activities, including but not limited
to the harvesting of addresses and the sending of spam and chain letters;
x. Upload, post or otherwise transmit any content that contains any malicious code which
is designed to or will have the effect of disrupting in any way and to any degree the
operation of the App or any service provided on it, and of any software, hardware or
telecommunications equipment on which it relies for its operation;
xi. Collect and / or store data on any other User or Users; or
xii. Misrepresent the nature of their membership; and
14.6 Do anything generally that is unlawful.
15. Security
15.1 While CentSys takes all reasonable security precautions, no liability will lie for damage
caused by the malicious use of the App or by destructive data or code that is passed on
to the User through the use of the App.
15.2 The following acts in connection with the App are expressly prohibited:
a. Gaining or attempting to gain unauthorised access to any App page or part of the
App;
b. Delivering or attempting to deliver any unauthorised or malicious code or content
to the App; and/or
c. Any amendment to or attempt to amend any of the content or any other part of
the App by unauthorised persons.
15.3 CentSys may pursue prosecution of and compensation from any person that delivers or
attempts to deliver any destructive code to the App or attempts to gain unauthorized
access to any page on or part of the App.
16. Intellectual Property Protection

16.1 Copyright in all information, images, source codes and other original material published
on the App which is not attributed to a third party, is held by or licensed to CentSys.
CentSys asserts and reserves all its rights, including moral rights, in this regard.
16.2 CentSys grants to Users a personal, non-exclusive, non-assignable and non-transferable
license to use, print and display all content and information on any machine of which
the User is the primary User for non-commercial purposes only.
17. Termination of App and User Access

17.1 CentSys reserves the right, in its sole and absolute discretion and without prior
notification, to terminate the provision of the App and/or to terminate the access rights
of any User.
17.2 In the event of any malicious action, or inaction, as the case may be, by any User,
CentSys may, in its sole and absolute discretion, terminate permanently any User’s rights
to access and/or use the App.
18. Law Governing this Agreement

18.1 The User agrees that the law applicable to these terms and conditions of use, their
interpretation and any matter or litigation in connection therewith or arising from them
will be the law of South Africa.
18.2 When using the App and agreeing to these terms and conditions such use and
agreement is deemed to have taken place in Johannesburg, South Africa.
18.3 Users of the App are encouraged to familiarise themselves with the South African Law
relating to Electronic Communications and Transactions as contained in the ECT Act as
well as the Protection of Personal Information Act, No. 4 of 2013 as contained in POPI.
19. Consent to jurisdiction:

The User consents to the jurisdiction of the Magistrate’s court having jurisdiction in terms
of Section 28 of the Magistrate’s Court Act, as amended, in respect of any dispute
flowing from the use of the App.
20. Dispute resolution:

20.1 Any dispute between CentSys and the User arising out of or in connection with these
terms and conditions including any question regarding its existence, validity or
termination, shall be settled by mediation and/or arbitration concluded through AFSA
rules, which rules are deemed to be incorporated by reference into this clause, and the
dispute will be resolved in accordance with the Law of South Africa.
20.2 Further information on AFSA rules please see www.arbitration.co.za.
21. Amendment of the Terms and Conditions of this Agreement

21.1 Owing to legal and other developments, CentSys may be required to amend these terms
and conditions of use from time to time.
21.2 CentSys will attempt to give notice of any amendments, but reserves the right to effect
binding amendments, additions or deletions without notice.
21.3 CentSys reserves the right to change the Agreement. These changes will become
effective from the date on which they are posted to the App. Accordingly, it is the User’s
responsibility to check the App from time to time to see whether the terms of this
Agreement have been changed. A User’s continued use of the App will be deemed to be
an acceptance by them of the agreement to these amendments.
21.4 Other than the variation of this Agreement by CentSys placing such amendment on the
App, as mentioned above, no addition to, variation of, novation, or agreed cancellation
of this Agreement shall be of any force or effect unless in writing.
21.5 No waiver, relaxation or indulgence which either party may grant to the other shall
constitute a waiver of the rights of that party and shall not preclude that party from
exercising any rights which may have arisen in the past or which might arise in the
future.
21.6 Severability: should any provision of this Agreement be void for vagueness or for any
other reason, then that provision of this Agreement shall be capable of being severed
from the remainder of this Agreement, which shall remain of full force and effect.
21.7 Plain and understandable language: the User confirms that the provisions of this
Agreement are in plain and understandable language and that it understands the
provisions contained herein.
21.8 No transfer: Users may not cede, sub-license or otherwise transfer any rights they may
have under these terms and conditions or which may otherwise have been obtained
through the use of the App.
22. Whole Agreement
The terms and conditions herein and referred to elsewhere on the App constitutes the
sole record of the agreement between CentSys and the User and supersedes all previous
agreements. Neither of the parties shall be bound by any representation, express
or implied term, warranty, promise or the like not recorded in this Agreement.

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GENERAL TERMS AND

1. About Centurion Systems (Pty) Limited (“CentSys”)

3. This Agreement – Deemed Acceptance:

5. Use of App & Use Of G Series Devices, SIM Cards

6. Client Account Registration

7. Amendments to Content, Information & Software

9. Disclaimers and Exclusion of Liability

11. Consumer Rights & Security

12. Receipt of Data Messages

13. Monitoring and interception of data messages

14. Users further Assurance

16. Intellectual Property Protection

17. Termination of App and User Access

18. Law Governing this Agreement

19. Consent to jurisdiction:

20. Dispute resolution:

21. Amendment of the Terms and Conditions of this Agreement

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