Terms of Service Agreement
Hubtiger Proprietary LimitedReg: 2018/316615/07
In this Agreement the following definitions apply:
a) “Dashboard” means the index page of the control panel to manage the content and navigation of the Platform;
b) “Platform” means the platform that provides an exchange of information in regard to cycling initiatives and events, product and services of Service Providers and connects and informs the Users. The use of the Platform is for the benefit of the Users and is provided at no commercial cost to the Users.
c) “Service Providers” means any business that offers products and/or services, to the Users on the Platform.
d) “Terms” means the terms and conditions within the Terms of Service Agreement.
e) “Website” means the Hubtiger website www.hubtiger.co.za.
2 REGISTRATION AND CREATION OF AN ACCOUNT
2.1 In order to access and use the Platform, You must sign up as a User and create Your account. Sign-up to the Hubtiger application may be completed by by creating a unique Hubtiger account;
2.2 Where You register or log-in to your, You hereby grant consent for Strava to provide registration and other relevant information fields of your account to Hubtiger. Use of such third-party credentials to log You into Your account entails the agreement to the third-party network terms, conditions and policies.
2.3 By registering with Hubtiger, you consent to communication via the Platform and via email. As a User, you will always have the option to unsubscribe.
2.4 When You create an account with us, You guarantee that the information You provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your account
2.5 You must keep Your access details confidential and not allow others to use them. Security of the account is Your responsibility. In the event of the security of Your account being compromised, You must notify Hubtiger. Hubtiger reserves the right to suspend the processing of any communications and will immediately deactivate the associated login credentials. You shall refrain from using the Platform until new login credentials have been set.
2.6 You hereby indemnify and hold Hubtiger, its directors, employees, agents and representatives, harmless for any and all losses, damages and expenses arising from Your failure to ensure the security of the account, including all legal fees, on an attorney-client scale.
2.7 By registering on the Platform, You agree to refrain from:
a) selecting or using a name, mobile phone number, or e-mail address of another person with the intent to impersonate that person;
b) using a name, mobile phone number, or e-mail address subject to the rights of any person without their authorisation;
c) using “bots” or other automated ways to create an account; or
d) using a name in violation of the intellectual property rights of any person;
2.8 Technical support regarding the use of the Platform is only available to registered Users. Registered Users may contact us through email on firstname.lastname@example.org or through calling us on: +27 82 971 5781.
3 APPLICABLE RESTRICTIONS FOR ALL USERS
3.1 You may not use the Platform for any purpose that is unlawful or prohibited by these Terms of Service, any applicable additional or amended Terms of Service, or any other conditions or notices that are made available on the Platform or Website. Unauthorised use of the Platform may result in Hubtiger instituting a claim for damages or any other remedy which Hubtiger may have in law against You and/or You may be found guilty of a statutory and/or criminal offence.
3.2 By using or accessing the Platform, You agree to refrain from the following conduct:
a) transmitting any worms, viruses, trojan horses, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Platform and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or Platform, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;
b) intercepting any data or personal information of any User or third party transmitted on or via the Platform;
c) copying any information off the Platform to be used for Your own use;
d) using the Platform to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory;
e) performing any action that may disable, override or impair the efficient and/or proper operation or working of the Platform;
f) sharing content, taking or mobilising action by using the Platform in a way that infringes or violates any person’s rights or the laws of any jurisdiction;
g) utilising the Platform for any illegal or unauthorised purposes;
h) violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
3.3 Any act or omission which results in a failure to abide by the restrictions set out, as determined by Hubtiger in its sole discretion, will result in immediate suspension or termination of the account.
3.4 You agree to indemnify and hold Hubtiger harmless from and against all losses, expenses, damages and costs arising from Your use or misuse, breach of Your obligations and violation of any rights of a third party under these Terms of Service and for any consequences arising as a result of such breach, including any loss or damages which You or any third party may suffer.
3.5 Unauthorised use of the Platform includes engaging personally or permitting a third party to engage in the following activities:
a) copying, adapting, modifying, publishing, republishing, distributing or redistributing this application or the material on the Platform without Hubtiger’s prior written consent;
b) using any automated data collection, data mining or data gathering methods of any kind in relation to the Platform;
c) reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Platform;
d) making and distributing copies of the Platform or allowing such activity by third parties on Your behalf;
e) creating derivative works of the Platform of any kind.
3.6 Failure to comply with these provisions will result in Your account being deactivated without prior notice. In addition, Hubtiger reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the misconduct in question (fines and/or imprisonment), in addition to any applicable civil damages or any other remedy which Hubtiger may have in law.
4 PERMITTED USE OF THE SERVICES
4.1 The Platform enables Users to log and share information relating to products and services for cycling, the maintenance of their bicycles, cycle routes and safe areas with Service Providers and other users respectively on the Platform. Users can track their bicycle’s service history, usage and ride statistics. In addition, Users can pre-load cycling routes using the map features indicating safe areas and can upload and submit incident reports.
4.2 Users utilise the various Dashboards to communicate with Service Providers for products and/or services, service requests, service quotes, updates on the progress of services and to receive various notifications.
4.3 Users communicate through the Platform with other Users in order to liaise regarding events, to plan cycle routes or arrange meetings.
4.4 All acceptances of service requests, service quotes, invitations, events and/or competitions and any other terms and conditions that apply to such interactions, are solely between You and the User/s you choose to deal with.
4.5 Your correspondence and relationship with the User/s found on or through the Platform, and any other terms or conditions that apply to such interactions are solely between You and such User.
4.6 You agree that Hubtiger will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of any such interactions, or as the result of the presence of such parties on the Platform and You hereby irrevocably waive any claims against Hubtiger arising from or related to your relationship with another User.
4.7 You hereby release Hubtiger , its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from:
a) any interactions with other Users; or
b) any usage of one or more of the Hubtiger services; and
c) any technical issues or any other occurrence that may lead to a delay in assistance.
5 SERVICE PROVIDERS
5.1 Service Providers utilise the Platform in order to communicate with the Users to offer products and/or services at a fee in relation to the sport of cycling.
5.2 Acceptance of products, service quotes and payment for products and/or services are strictly between the individual User and such Service Provider.
5.3 You hereby release Hubtiger from all liability regarding any and all interactions with Service Providers.
6 SAFETY ZONES
6.1 Hubtiger provides no warranties regarding the incident reporting function on the Platform. We do not monitor the areas reported for safety and therefore disclaim all liability regarding any reliance on the incident reports.
6.2 Incidents are reported by Users as a community and as such, the accuracy and details of these reports are not confirmed by Hubtiger.
6.3 You carry all risks for any reliance placed on the use of the reports.
7 RELEASE OF LIABILITY
7.1 You hereby acknowledge that participation in the cycling activities carries the potential for property loss and serious injury or illness, including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.
7.2 he risks and dangers arising may be caused by Your negligence, the owners, employees, officers or agents of Hubtiger, the negligence of sponsors, component manufacturers, original equipment manufacturers, independent bike dealers, trail associations, individual promoters, event promoters, clubs, cycling clubs, agencies, personal trainers, participants, or other parties, as well as accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, those caused by terrain, darkness, altitude, temperature, weather, condition of participants, equipment, inadequate safety equipment, vehicular traffic, actions of other parties, fixed or moving objects, lack of hydration, and such other risks, dangers, and hazards that are integral to cycling activities in an outdoor or recreational environment.
7.3 You hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Hubtiger. You are solely responsible for whether You will or will not wear a helmet or other protective gear or equipment.
7.4 You hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Hubtiger and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Your use of the Platform and services.
8 USER GENERATED CONTENT
8.1 The Platform allows you to record, collect, process, post, link, store, share and otherwise make available certain text, graphics, statistics, location data, or other material (“Content”). You are responsible for the Content that you post on or through the Platform, including its legality, reliability, and appropriateness.
8.2 You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
8.3 You hereby grant a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us the right to identify You as the author of any of Your postings or submissions, feedback or comments by name or e-mail address as we deem appropriate.
9 PROTECTION OF PERSONAL INFORMATION
10 INTELLECTUAL PROPERTY
10.1 All content made available to You though our Platform, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by us or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the Platform is the exclusive property of Hubtiger and is protected by South African and International copyright laws.
10.2 You agree that if You breach the terms of this clause, we will have the right to claim damages against You, which will include the right to claim special, incidental, consequential or indirect damages. Hubtiger will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
10.3 Nothing on the Platform should be regarded as granting any licence or right to use any trademark without Hubtiger’s prior written permission and/or that of the relevant third party.
10.4 Although we undertake to ensure the relevant security safeguards, we cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Platform.
10.5 If You believe that there has been an intellectual property breach or are aware of such a breach, please contact us as soon as possible so in order for the breach to be addressed.
11 LIMITATION OF LIABILITY
11.1 WHEN PERMITTED BY LAW, Hubtiger, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS AND EMPLOYEES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
11.2 You agree to defend, indemnify and hold Hubtiger, its officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; and any reasonable legal fees, resulting from:
a) misuse of the Platform, and/or
b) violation of any of the Terms;
c) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
d) any physical or mental harm suffered as a result of using the app or any information on the app, including but not limited to the safety of certain routes, difficulty of certain routes, equipment promoted on the Platform etc.
11.3 If You are not happy with any portion of this Platform, Your sole and exclusive remedy is to discontinue use.
12 NO WARRANTIES
12.1 You expressly agree that use of the Platform is at Your own risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained, through the use of the Platform, is done at Your own risk and discretion. You will be solely responsible for any damage to Your device or loss of data that results from the download of information.
12.2 The Platform is provided on an "as is" and "as available" basis. Hubtiger makes no warranty that the Platform will meet Your requirements or that the service will be available and uninterrupted. Hubtiger does not make any warranties as to the results that may be obtained from the use of the Platform or to the accuracy of the information and the reliability of the information obtained through the Platform. Hubtiger does not warrant that defects on the Platform will be corrected.
12.3 Hubtiger disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.
12.4 Hubtiger makes all reasonable efforts to ensure that all material and information provided in relation to the Platform is correct but cannot represent or guarantee the accuracy thereof. As such, Hubtiger and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the Platform content, information, and materials which are provided to You, as is and as available.
13 DOMICILIUM, JURISDICTION AND ARBITRATION
13.1 In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be the Gauteng Local Division, Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
13.2 You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa and such arbitration shall be conducted in English in Johannesburg.
13.3 Hubtiger confirms the domicilium citandi et executandi for all purposes associated with the Hubtiger Application, transactions pertaining to the Platform, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
Hubtiger Proprietary Limited
Physical Address: 16 Baker Street, Rosebank Johannesburg.
Electronic mail address: email@example.com
Marked for the attention of: Stuart Blyth
13.4 Hubtiger does not receive legal notice or accept the serving of documents attached to legal processes submitted through the Platform.
This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
15 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
The following table contains further information on Hubtiger and represents the information that must be provided by Hubtiger to You in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 “The Act”. You are advised to regularly check this section of the Terms of Service for any amendments or updates.
|Full Name||Hubtiger Proprietary Limited|
|Legal Status||Private Company|
|Company Registration Number||2018/316615/07|
|Place of Registration||16 Baker Street, Rosebank, Johannesburg|
|Physical Address||16 Baker Street, Rosebank, Johannesburg|
|Physical Address for receipt of legal documents||16 Baker Street, Rosebank, Johannesburg|
|Telephone Number||082 971 5781|
|Membership to self-regulatory and/or accreditation bodies|
|Description of products and/or services offered|
|Full price of products and/or services offered|
|Manner of payment for products and/or services offered|
|Manner and period within which consumers can access and maintain a full record of applicable transactions|
|Alternative Dispute Resolution code to which Hubtiger subscribes|
|Codes of Conduct to which Hubtiger subscribes|
|Applicable terms of agreement, including any guarantees|