Mobile Sales App For Customer Self-Ordering

1. LEGALLY BINDING AGREEMENT

   BY REGISTERING AS A USER OF THE ONSIGHT MOBILE APPLICATION, YOU, THE USER, AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MAY CANCEL YOUR REGISTRATION AND STOP USING THE APPLICATION. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ENTER INTO A BINDING LEGAL AGREEMENT WITH ONSIGHT SOFTWARE (PTY) LIMITED ("ONSIGHT"). THIS AGREEMENT, AS AMENDED FROM TIME TO TIME, WILL REMAIN BINDING ON YOU FOR AS LONG AS YOU USE THE APPLICATION.

2. DEFINITIONS AND INTERPRETATION

   • In this agreement, the following terms will have the following meanings:
     • "admin user" means the administrator who registers a user account for their company on the website.
     • "agreement" or "user agreement" means these terms and conditions, and our privacy policy (found at www.onsightapp.com/privacy);
     • "application" means the Onsight Mobile Application and associated services;
     • "associated services" means the administrative and back-end services for the operation of the application, available from the Onsight website;
     • "intellectual property rights" means all patents, trademarks (registered or unregistered), service marks, design rights, copyright, trade or business names, know-how, confidential or proprietary information, databases, software or code, owned or licensed by Onsight anywhere throughout the world;
     • "main user" means the entity on whose behalf the admin user registers a main user account;
     • "main user account" means the user account created by the admin user when registering on the website and accepting these terms and conditions;
     • "subsidiary user account" means the personal user accounts created by an admin user under the main user account for authorised users of the application;
     • "user" means a person who is authorised to use the application in terms of the main user's subscription package , including the admin user;
     • "user generated content" means the data, images, videos, or other content created, uploaded, shared, published or distributed by users when using the application;
     • "website" means the websites found at www.onsightapp.com, web.onsightapp.com and sales.onsightapp.com;

3. USE OF THE APPLICATION

   • Subject to your payment of any applicable subscription fees, and you and your users continued compliance with these terms and conditions, Onsight grants you and your users a limited, non-exclusive, non-transferable, non-sublicensable license to use the application.
   • This license does not entitle you to licence, sell, rent or otherwise transfer your rights under this agreement to any person other than authorised users.
   • The permitted number of users of the application will depend on the subscription package you have chosen. You may not allow unauthorised additional users to use the application. You may not share user accounts between multiple users.
   • Onsight will charge you additional subscription fees for each additional user that uses the application.
   • The permitted number of devices each user may use to access the application will depend on the subscription package you have chosen.

4. TIME PERIOD

   • We offer free trial accounts for a limited time period. The period will be indicated to you at the time of signing up.
   • We reserve the right to terminate the free trial offer at any time at our sole discretion.
   • To continue using the app after the trial ends, you will have to upgrade to one of our paid subscription packages.
   • You may continue to use the application for as long as you have a valid paid-up subscription.
   • Should your trial end or should your paid subscription lapse, any data that you have uploaded to our system will be deleted. You are responsible for downloading and exporting any of your data from our system before it is deleted.

5. AVAILABILITY OF THE APPLICATION

   • We will use our best efforts to make the application available 24 hours a day with minimum disruptions. But we cannot and do not warrant or guarantee such availability.
   • We will not be held liable for any loss caused to you or any other party by the non-availability or disrupted availability of the application.
   • We may refuse, limit, suspend or interrupt your access to and/or use of the application if you fail to pay any amount owing, or if you or a user breaches any of these terms and conditions, or for any other reason valid in law.

6. ACCEPTABLE USE OF THE APPLICATION

   • When using the application, you and your users will not:
     • take any action that imposes or may impose an unreasonable or disproportionately large load on any servers used to host the application and/or which otherwise impairs the functionality of the application for other users;
     • use any device or computer program which is designed primarily to overcome security measures used by the application to protect data, or use any username or password without authority to unlawfully access and use the application and/or to interfere with any data associated with the application;
     • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display the underlying software, databases or code for the application, unless you have our prior written permission;
     • impersonate any other person or use a false or unauthorised username or password to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
     • make available or upload content onto the application which is not owned or licensed to you or which you do not have permission to use;
     • make use of the application to collect, harvest or otherwise obtain personal information relating to other users;
     • make use of the application to send any form of bulk or unsolicited commercial communications to third parties;
   • The permitted amount of product data and customer data that you can upload to the application will depend on the subscription package that you have chosen. In addition, we impose a 1GB soft limit on the amount of space that your product images may use on our servers. Should you breach this limit you will be required to resize your image files to fit within the 1GB limit.
   • We may, in our sole discretion, refuse any user further access or use of the application if they contravene the provisions of this clause 6.

7. FEES AND PAYMENTS

   • Subscription fees will be paid according to the rates published on the website. Please note that these rates may change from time to time.
   • We use PayPal, wire transfer and third party credit card payment gateways to receive payments. These providers use industry standard encryption to protect your payment information. Onsight does not retain any credit card information.
   • Should you choose to make a recurring monthly payment via PayPal you will enter into a billing agreement with us or you will approve an automated subscription. To cancel the billing agreement or automated subscription, you may do so via the Onsight admin console or your may log into PayPal and follow the PayPal instructions listed here: https://www.paypal.com/al/smarthelp/article/how-do-i-cancel-a-recurring-payment,-subscription,-or-automatic-billing-agreement-i-have-with-a-merchant-faq1067 .

8. USER GENERATED CONTENT

   • User generated content that is created, uploaded, shared, published or distributed via the application remains the sole responsibility of the user.
   • You must not upload, publish or distribute any content that:
     • is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
     • constitutes hate speech or is likely to provoke violence;
     • is racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable;
     • constitutes or encourages conduct that would be considered a criminal offence, or condones or encourages unlawful activity;
     • is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); and/or
     • otherwise infringes the rights of any other person.
   • We will remove or block access to any user generated content that is found to be infringing, unlawful, or in contravention of this agreement and we may suspend or cancel your continued use of the application.
   • When creating, uploading, publishing or distributing user generated content using the application, you warrant that you have the rights to do so (including the necessary intellectual property rights), and that any such content will be accurate and will not cause injury or harm to any person or entity.
   • WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY REPRESENTATION, STATEMENT, OPINION, RECOMMENDATION, COMMENT, REPLY, REVIEW OR ADVICE EXPRESSED IN ANY USER GENERATED CONTENT AND WE EXPRESSLY DISCLAIM ANY LIABILITY TO ANY PERSON WHO PLACES ANY RELIANCE THEREON OR OTHERWISE ACTS IN ACCORDANCE THEREWITH.
   • ONSIGHT HAS NO CONTROL OVER ANY USER GENERATED CONTENT WHICH IS UPLOADED, PUBLISHED OR DISTRIBUTED VIA THE APPLICATION. ONSIGHT DOES NOT EXAMINE OR EDIT ANY USER GENERATED CONTENT AND/OR DOES NOT ACT AS AN AGENT FOR ANY USER IN THIS REGARD. ONSIGHT DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY USER GENERATED CONTENT.

9. GENERAL DISCLAIMERS

   • THE APPLICATION, ASSOCIATED SERVICES AND THE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". ONSIGHT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF THE APPLICATION, ASSOCIATED SERVICES, WEBSITE OR ANY RELATED INFORMATION FOR THE USER'S PURPOSES.
   • ONSIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, SERVICE PROVIDERS, PARTNERS, AFFILIATES AND AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY INCURRED BY USERS OR ANY OTHER PERSONS WHICH RESULTS FROM OR IS CONNECTED TO A USER'S USE OR INABILITY TO USE THE APPLICATION.
   • TO THE FULLEST EXTENT POSSIBLE UNDER ANY APPLICABLE LAW, ONSIGHT 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 APPLICATION IN ANY MANNER.

10. INDEMNITY

    • YOU INDEMNIFY ONSIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, ISPs, AGENTS, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY CLAIM, DEMAND, ACTION, APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR REASONABLE ATTORNEYS FEES AND RELATED COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OF THIS AGREEMENT, OR YOUR UNAUTHORISED OR IMPROPER USE OF THE APPLICATION, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.

11. ELECTRONIC COMMUNICATIONS

    • You agree that all notice, requests, claims, demands or other communications made in terms of this user agreement must be in writing and may be in the form of a data message.
    • You agree further that any electronic communications, including e-mail, SMS and instant messages, sent by you to the website or to us will be deemed to be received only when we acknowledge receipt.
    • Electronic communications sent by us to you will be deemed to be received when the complete communication enters an information system designated or used by you for the purpose of sending and receiving such communications, and is capable of being retrieved and processed by you.

12. MONITORING AND INTERCEPTION OF DATA MESSAGES

    • In order to provide a relevant and secure service, and where required to do so under law, we may monitor and/or intercept electronic communications which are sent and received by us and/or the website and/or the application, although we have no duty to monitor as a matter of general practice.
    • You acknowledge that you are aware of such potential monitoring and/or interception and you consent thereto.

13. REGISTRATION, DATA PROTECTION AND SECURITY

    • You are required to register your details on the website and provide a username and password before downloading the application. You agree that all information submitted to us will be and remain accurate, complete, and updated.
    • You are solely responsible for any activity that occurs on the main and subsidiary user accounts associated with your subscription. All usernames and passwords are personal to you and your users and you will be liable for any loss or damage sustained by us, any user or other third party as a result of any unauthorised actions by any person on any such user accounts, whether you are aware of such action or not. You must notify us immediately if you detect any unauthorised use of any user account associated with your subscription .
    • You authorise us to act on any request or instruction given by you and/or which purports to have been sent by you, even if it subsequently transpires that the request or instruction was fraudulently submitted by someone else, unless you have already notified us of such unauthorised action before we have acted on the request or instruction.
    • We process information, including personal information, on our servers which are located in the United States of America. You hereby agree to the transfer of your main and subsidiary user accounts' personal information to our servers in the United States of America.
    • The following acts in connection with the application are expressly prohibited:
      • Gaining or attempting to gain unauthorised access to the application;
      • Delivering or attempting to deliver any unauthorised or malicious code or content to or via the application; and/or
      • Any amendment to or attempt to amend any proprietary data which forms part of the application, not including user generated content.
    • If any security violations are reasonably believed to have occurred in connection with your user account or otherwise in connection with the application, we will notify you immediately and take reasonable steps to suspend your account and/or change the relevant access details.
    • We do not assume any responsibility for backing-up any data that you upload to the application and you will be solely responsible for adequately backing-up all your data.
    • WE TAKE REASONABLE SECURITY PRECAUTIONS IN LINE WITH GENERALLY ACCEPTED INDUSTRY STANDARDS TO PROTECT DATA ON THE APPLICATION AND THE WEBSITE. HOWEVER, WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY THE MALICIOUS USE OF THE APPLICATION OR BY ANY DESTRUCTIVE DATA OR CODE BEING INTRODUCED OR PASSED ON TO ANY PERSON THROUGH THE APPLICATION.

14. INTELLECTUAL PROPERTY PROTECTION

    • All intellectual property rights in the application, including all software, object and source code, databases, data, images, and any other original material associated with the application, which is not user generated content and/or is not attributed to a third party, is held by or licensed to Onsight.
    • The intellectual property rights in any user generated content will remain vested in the user who uploads, publishes or distributes such content via the application. No intellectual property rights will be transferred to Onsight or any other person in respect of such content.
    • You grant us a non-exclusive, royalty-free perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any user generated content for the effective operation of the application and the performance of any associated services.
    • YOU WARRANT THAT YOU HOLD VALID TITLE OR LICENCE TO ALL INTELLECTUAL PROPERTY RIGHTS IN ANY USER GENERATED CONTENT UPLOADED, PUBLISHED OR DISTRIBUTED USING THE APPLICATION, AND YOU INDEMNIFY ONSIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, ISPs, AGENTS, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY CLAIM, DEMAND, ACTION, APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR REASONABLE ATTORNEYS FEES AND RELATED COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH ANY INFRINGMENT OR ALLEGED INFRINGEMENT OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS IN ANY USER GENERATED CONTENT OR ANY PART THEREOF WHICH IS UPLOADED, PUBLISHED OR DISTRIBUTED USING THE APPLICATION.

15. SUPPORT

    We provide email support on a best effort basis for the latest version of the application. Support requests can be emailed to [email protected] at any time and will be responded to during office hours (08h00 to 17h00 GMT+2).

16. GOVERNING LAW

    • The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.
    • When using the application and agreeing to these terms and conditions, such use and agreement is deemed to have taken place in Cape Town, South Africa.

17. AMENDMENT OF THESE TERMS AND CONDITIONS

    • We reserve the right, at any time, to amend any of the terms and conditions set out herein.
    • An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.
    • Any amendment made to this agreement will become binding and enforceable from the date of publication.
    • You agree that it will be your responsibility to read the latest version of this agreement before using the application.
    • If you object to any amendment which is binding on you or which may become binding on you, you must stop accessing and using the application immediately.

18. TERMINATION OF THIS AGREEMENT

    • We reserve the right, in our sole discretion, to terminate this agreement if:
      • we regard any action or inaction taken by you or any user as an abuse of the application;
      • you have not used the application for longer than 30 days or 30 days has expired since your last payment;
      • where events beyond our reasonable control, including Acts of God, force majeure events, technical failures or service interruptions ( including third party services) prevent us from continuing to make the application available and fully operational.
    • If you breach any of the terms and conditions of this agreement, we may, without prejudice to any other rights we have in law, including our right to claim damages:
      • enforce the relevant provisions of this agreement, and to claim payment of any amounts due, owing and payable immediately, or
      • to cancel this agreement.
    • On termination of this agreement you will be required to immediately stop using the application. You will be afforded a reasonable period to download and export any data that remains on our system before we delete your data forever.

19. GENERAL

    • You may not cede, sub-license or otherwise transfer any rights you have under this agreement or which may otherwise have been obtained through your use of the application to any other person other than another authorised user.
    • If any part of this agreement is found to be partially or fully unenforceable, for whatever reason, this will have no effect on the enforceability of the rest of this agreement.
    • This agreement, as amended from time to time, contains a record of the entire agreement between us and does not include any prior representations, warranties or terms which are not included in this agreement.
    • It is expressly agreed that neither of us has the authority to bind the other to any third person, or to otherwise act in any way as the representative of the other, or to incur any liability on behalf of the other, or to pledge the credit of the other party, unless otherwise agreed upon in writing between us.
    • No partnership or joint venture will be created between us because of this agreement.
    • Our failure to enforce any provision of these terms and conditions shall not be deemed a waiver of that provision nor of our right to enforce that provision.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS.

These terms and conditions were last updated on 8 October 2024 and this version supersedes all previous versions published on the website before this date.