MYCLOCKER TERMS AND CONDITIONS OF USE
MyClocker is a service that allows users to log transactions such as Clocking-in, Clocking-out, activities, tagging, travel, audio recordings, images and notes for the purposes of record keeping, sharing and analysis.
Agreement To Terms And Conditions
These Terms and Conditions of use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and the Provider of MyClocker (PCubed Pty Ltd) (“we,” “us” or “our”), concerning your access to and use of the MyClocker website and mobile applications (collectively the “Service”).
You agree that by accessing the Service, you shall be deemed to have read, understood, and agree to be bound by these Terms and Conditions, failing which you are expressly prohibited from using the Service and you must discontinue use immediately.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Agreement Between User And The Provider Of MyClocker
The Service is offered to you conditional upon your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Service constitutes your agreement to all such terms, conditions, and notices. By accessing the Service, you are deemed to have read and obtained full knowledge of the Terms and Conditions, as may be amended/modified from time to time.
Modification Of These Terms And Conditions Of Use
The Provider of MyClocker reserves the right to amend/modify the terms, conditions, and notices under which the Service is offered, including but not limited to the charges associated with the use of the Service.
The Provider of MyClocker reserves the right to publish supplemental terms and conditions or documents on the Service, from time to time, which terms and conditions or documents will be expressly incorporated herein by reference. We further reserves the right, in our sole discretion, to effect changes or modifications to these Terms and Conditions, at any time and for any reason. We will alert users in terms of any changes effected by updating the “Last updated” date of these Terms and Conditions, and such update shall constitute adequate notice of changes to terms and conditions. It will be your responsibility to periodically review these Terms and Conditions to ensure that you remain informed of all updates. You will be subject to, and shall be deemed to have received notice of accepted amendments to and updates to the Terms and Conditions by your continued use of the Service subsequent to the date upon which revised Terms and Conditions are posted.
Links To Third Party Services
The Service may contain links to other services (“Linked Sites”). The Linked Sites are not under the control of the Provider of MyClocker and in the circumstances the Provider of MyClocker is not responsible for the contents of any Linked Sites, including without limitation, any link contained in a Linked Sites, or any changes or updates to a Linked Site. The Provider of MyClocker is not responsible for webcasting or any other form of transmission received from any Linked Sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement us of the Linked Sites or any association with its provider. We have no control over or proprietary interest in services owned, operated controlled and/or provided by third parties and accepts no responsibility or liability for the content of any other Linked Sites. By accepting these terms and conditions you hereby indemnify the provider of MyClocker from any legal claims arising from any loss or damages caused by transmission from any Linked Sites.
Intellectual Property Rights.
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Service is owned by or licensed to the Provider of MyClocker. Such Content is protected by copyright and except with the express written permission of the Provider of MyClocker or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, reverse engineer, hack, create derivative works of, re-publish or transmit the Service or Content (in whole or in part) in any way or through any medium for distribution, publication or for any commercial purpose.
You may display, copy and download Content from the Service solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
By accepting these Terms, you grant the Provider of MyClocker the right to display your name and logo, where applicable, on the Service.
No Unlawful Or Prohibited Use
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Service is owned by or licensed to the Provider of MyClocker. Such Content is protected by copyright and except with the express written permission of the Provider of MyClocker or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, reverse engineer, hack, create derivative works of, re-publish or transmit the Service or Content (in whole or in part) in any way or through any medium for distribution, publication or for any commercial purpose.
You may display, copy and download Content from the Service solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
By accepting these Terms, you grant the Provider of MyClocker the right to display your name and logo, where applicable, on the Service.
The Service enables you to communicate with other parties. You agree to only transmit, post or send messages and material that are proper and, by way of example, and not as a limitation, you agree that you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The Provider of MyClocker has no obligation to monitor the use of its services.
The Provider of MyClocker reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
The Provider of MyClocker does not control or endorse the content, messages or information transmitted through Services. We specifically disclaims any liability with regard to use of the services and any actions resulting from your use of the service.
Users of the Services are not authorized MyClocker spokespersons, and their views do not necessarily reflect those of The Provider of MyClocker.
Materials transmitted through the Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided To MyClocker
The Provider of MyClocker does not claim ownership of the materials you provide to MyClocker (including feedback and suggestions) or transmit, post, upload, input or submit to or through any Service or its associated services.
By transmitting, posting, uploading, inputting, providing or submitting through MyClocker you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to transmit, provide, post, upload, input or submit through MyClocker.
Personal Information
All personal information submitted on or via the Service or any related application is governed by the Provider of MyClocker’s Privacy Policy, the terms of which are incorporated herein by reference and which can be accessed at (link to the privacy policy). By using the Service you express consent to the Provider of MyClocker collecting, holding, disseminating, and using your details to process the information for any lawful purpose in connection with your use of the Service and related applications. By using the Service you further acknowledge and agree that personally identifiable information or personally sensitive data directly disclosed through MyClocker may be collected and used by third parties, in which case you indemnify the Provider of MyClocker for any loss and/or damage which you may suffer as a result of collection, dissemination and use of your personal data by third parties.
Liability Disclaimer
The information, software, products, and services included in or available through the Service may contain inaccuracies or typographical errors. Changes are periodically added to the information herein. The Provider of MyClocker and/or its suppliers may make improvements and/or changes in the Service at any time.
The Provider of MyClocker and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Service for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Provider of MyClocker and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall the Provider of MyClocker and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if the Provider of MyClocker or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service.
Indemnification
The Customer agrees to defend and indemnify the Provider of MyClocker, its officers, directors, employees, and the successors and assigns of the foregoing from and against any and all claims by an unaffiliated third party directly or indirectly arising from or related to (i) facts that, if true would constitute a breach of this Agreement by Customer, (ii) Customer’s or its End Users’ access to, use, misuse or illegal use of MyClocker’s Service, Customer Data orEnd User Data, or (iii) the violation or infringement by the Customer Service or the Customer Products of such third party’s Intellectual Property Rights.
The Provider of MyClocker reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section, in which case Customer agrees to cooperate with any reasonable requests to assist our defence of such matter.
Suspension Of The Services
The Provider of MyClocker may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services. Where circumstances permit, the Provider of MyClocker will provide prior notice of any service suspension to Customers, however will not be held liable for any resulting loss or damage suffered as a result of the service suspension.
Termination/Access Restriction
The Provider of MyClocker reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Services in the event of any conduct by you that we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms and Conditions.
Force Majeure
The Provider of MyClocker will not be responsible for any breach of this Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.
Governing Law And Jurisdiction
This agreement is governed by the laws of South Africa and you hereby consent to the exclusive jurisdiction and venue of courts in South Africa in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph
General
This agreement is governed by the laws of South Africa and you hereby consent to the exclusive jurisdiction and venue of courts in South Africa in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Provider of MyClocker with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Provider of MyClocker with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In the event of termination of this Agreement, any clause, which, from the context contemplates on-going rights and obligations of the parties, will survive the termination of this Agreement and continue to be of full force and effect.
Copyright And Trademark Notices
All contents of the Service are 2021 ©MyClocker and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved
Service Contact: iamod@pcubed.biz