1. Introduction
You and the company or business that you are authorized to represent (“you,” “your,” or “Company”) agree to these The In4mant (Pty) Ltd 2021/831471/07, Terms of Service and all other applicable terms, policies, and documentation (collectively, “Business Terms”) by downloading or using The In4mant’s apps, software, features, services, and APIs designed and developed for businesses (“Business communication Services”).
The In4mant PTY Ltd is the contracting entity providing you our Communication Features. We provide our Communication Features solely for your business or commercial use.
The In4mant PTY Ltd will be herein referred to as “The In4mant”.
Shop4That is an integrated app that shares the user data base. Their Terms of Service and all other applicable terms, policies, and documentation are available on their Web and mobile platform.
NO ACCESS TO EMERGENCY SERVICES. Please note important differences between our Business communication services and fixed-line telephone, or SMS services. Our Business communication services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. Company should ensure that it can contact its relevant emergency services providers through a mobile phone, fixed-line telephone, or other service.
2. Additional Terms and Policies
These Business Terms incorporate by reference the following policies and documents:
• The In4mant EULA
• The In4mant WEB Policy
To the extent that any of the additional terms and policies conflict with these Business Terms, the additional terms and policies will govern.
3. The In4mant Business Account
Business Use and Eligibility. You represent and warrant that you:
(a) will use our Communication Features solely for business, commercial, and authorized purposes, and not for personal use;
(b) will only provide registration information associated with your Company;
(c) are authorized to enter into these Business Terms and are at least 18 years old (or the age of majority in your country of residence); and
(d) have not been previously suspended or removed from our Communication Features, or engaged in any activity that could result in suspension or removal.
Registration and Account. Company must create The In4mant business account by providing accurate, current, and complete information, including its valid legal business phone number, Company name, and other information we require. Company will keep its business account information updated. Company’s name must not:
(a) Be false, misleading, deceptive, or defamatory;
(b) Parody a third party or include character symbols, excessive punctuation, or trademark designations; or
(c) Infringe any trademark, violate any right of publicity, or otherwise violate anyone’s rights. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim in those names.
Communication Preferences. As part of your relationship with us, you permit The In4mant to use your information to send you electronic communications (such as messages, emails, and phone calls via The In4mant or otherwise) from us or our third-party providers, including:
notices about your account, password changes, milestones reached, advertising blocks available, payment confirmation, and other transactional information.
Devices and Software. You must provide certain devices, software, and data connections, which we do not otherwise supply, to use our Communication Features. You consent to manually or automatically download and install updates to our Communication Features.
Fees and Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Communication Features.
Linking to Facebook. To use certain features of our Communication Features, we may require Company to link its The In4mant business account with the Facebook account used for its business. Facebook’s terms and policies apply to the extent that you use Facebook’s services.
Third-Party Services. Our Communication Features may allow Company to access, use, or interact with websites, apps, content, and other products and services that are not provided by The In4mant. For example, Company may choose to use third-party data backup services (such as iCloud or Google Drive) that may be used with some of our Communication Features. Please note that when a Company uses these other services, their own terms and privacy policies will govern the Company’s use of those services. The In4mant will not be responsible or liable for your use of those services, the third-party’s terms, or any actions you take under the third-party’s terms.
Shop4That (PTY) Ltd is an integrated app that shares the mobile user data base, in so far as the users registration details. It works independently of The In4mant and shares nothing else.
4. Company’s Legal, Privacy, and Security Responsibilities
Compliance with Laws and Regulations. You may only use our Communication Features if you have ensured that your use of our Communication Features complies with all legal and regulatory requirements; it is your sole responsibility to determine your legal obligations. Our Communication Features are not intended for intra-corporate usage as it is open for anyone to join. We make no representations or warranties that our Communication Features meet the needs of entities regulated by laws and regulations with heightened confidentiality requirements for personal data, such as healthcare, financial, or legal services entities. Company must be aware that all information shared is for “everyones eye”.
Company must also secure all necessary rights, consents, and permissions (for example, opt-in) to share its customers’ contact and other personal data with The In4mant, and to communicate with its customers via The In4mant using this information. The In4mant is not liable for any acts or omissions by Company that breach any applicable laws. Company must also honour and comply with all The In4mant user requests to stop or opt-out of receiving certain or all types of The In4mant messages from Company. The In4mant users may block Company, mark Company’s messages as spam, or notify us that Company is otherwise violating our terms and policies. The In4mant will then take appropriate action, which could result in The In4mant suspending or terminating Company’s use of our Communication Features.
Security Responsibilities. Company may only allow authorized individuals acting on behalf of Company to access and use its The In4mant business account for purposes authorized under these Business WEB policy. Company is responsible for all activities occurring under its account. Company must:
(a) maintain the security of its account credentials;
(b) keep its devices and The In4mant account safe and secure;
(c) prevent unauthorized use of or access to our Communication Features; and
(d) immediately notify us if Company discovers or suspects any security breaches related to our Communication Features or if Company discovers or suspects any such unauthorized access or use. Company will implement and follow generally recognized industry standards and best practices for data and information security to protect Company’s data, network, and systems from unauthorized access, use, or copying. Company must promptly delete any user’s information it obtained via our Communication Features if we determine, in our reasonable discretion, that Company breached its obligation to protect and prevent unauthorized use or access to its devices, account, or systems, breached these Business Terms, or if these Business Terms are terminated for any reason.
e) any user can join any registered participating business on The In4mant. All communication is therefore freely available to the public so no security or privacy is offered to any posted information or material.
5. Licenses and Intellectual Property
Our Communication Features enable you to create, post, store, send, and receive content, such as text, images, videos, and other materials, including Company’s trademarks, logos, slogans, and other proprietary materials (collectively, “Company Content”). You grant The In4mant and its subsidiaries and affiliates a worldwide, non-exclusive, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform or display Company Content that you upload, submit, store, send, or receive on or through our Communication Features, solely for the purposes of providing, operating, developing, promoting, updating, and improving our Communication Features, and researching and developing new services, features, or uses. You represent and warrant that you have all rights necessary to grant us the license to Company Content, and that our use of it, as permitted by these Business Terms, will not violate any right of, or cause injury to, any person or entity.
Company’s Rights. Except for the license you grant to us above, you retain all ownership and other rights in and to your Company Content.
Our License to Company. Subject to your compliance with these Business Terms, we grant you a limited, revocable, non-exclusive, non-sub licensable, and non-transferable license to use our Communication Features solely as authorized in these Business Terms. You may also use our trademarks to promote that your business is on The In4mant, solely as set forth in our The In4mant Brand Guidelines.
The In4mant’s Rights. Except for the express license granted in these Business Terms, we grant no other licenses or rights to Company by implication or otherwise. Unless otherwise indicated, we own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Communication Features.
Restrictions. Except as otherwise permitted by The In4mant in writing, Company must not directly, indirectly, or through automated or other means:
(a) distribute, sell, resell, or rent our Communication Features to third parties;
(b) distribute or make our Communication Features available over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that we have expressly provided for your use via our Communication Features; and
(c) copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Communication Features. Company must not directly, indirectly, or through automated or other means:
(d) remove any proprietary rights notices or markings;
(e) reverse engineer any aspect of our Communication Features or do anything that may discover source code;
(f) scrape or extract data from our Communication Features;
(g) develop or use any applications that interact with our Communication Features without our prior written consent; and
(h) create software or APIs that function substantially the same as our Communication Features and offer them for use by third parties in an unauthorized manner.
Reporting Third-Party Copyright, Trademark, and Other Intellectual Property Infringement. To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our The In4mant Intellectual Property Policy. If you infringe the intellectual property rights of others, we may take action with respect to your account, including disabling or suspending your account.
Feedback. We always appreciate your feedback or other suggestions about The In4mant. You agree that any questions, comments, suggestions, ideas, original or creative materials, or other information about The In4mant or our products or services that you post, submit, or otherwise communicate to us (collectively, “Feedback”) is non-confidential and that we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. Acceptable Use of our Communication Features
Acceptable Use. Company will not (nor assist others to) violate any applicable law, contract, intellectual property, or other third-party right, and Company is solely responsible for its conduct while using our Communication Features. Company must not directly, indirectly, or through automated or other means:
(a) use our Communication Features for personal, family, or household purposes;
(b) engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
(c) use or attempt to use another user’s account without prior authorization from that user and The In4mant;
(d) impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements;
(e) collect information of or about other users in any impermissible or unauthorized manner;
(f) use our Communication Features other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users;
(g) damage, disable, overburden, or impair our Communication Features;
(h) send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications;
(i) post, upload, or share any content which is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable;
(j) encourage or provide instructions for a criminal offense;
(k) distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
(l) bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to prevent or limit access to any part of our Communication Features, including content-filtering techniques; or
(m) expose The In4mant or others to any type of harm or liability.
Enforcement. Although we have no obligation to screen or monitor Company Content, we may review, remove, or delete Company Content posted and shared by you at any time and at our discretion, such as in cases where other users notify us that Company Content violates these Business Terms. If we disable or terminate Company’s account for a violation of these Business Terms, Company will not create another The In4mant business account without our express written permission.
Complaints. You can submit a complaint to us at ADMIN@The In4mant.com regarding the following: technical or technological issues, customer service issues, suspension and termination of your account or Services, or any alleged breach of these Terms We will acknowledge all complaints and follow-up with you to address your complaint within a reasonable timeframe. We will communicate the outcome of our complaint investigation to you if you have provided us with your valid email address.
7. Our Data Practices
Your Customer Contacts. Company provides customer contact information such as phone numbers (“Customer Data”) to The In4mant, and Company determines which of its customers it may communicate with using The In4mant. You are the data controller selecting the message recipients and instructing The In4mant, for the duration of these Business Terms, to process such Personal Data on your behalf as your data processor pursuant to these Business Terms to deliver Company’s messages to its customers. To the extent that we process such Personal Data within Customer Data as your processor, our The In4mant Business Data Processing Terms apply and are incorporated by reference into these Business Terms.
Access to data, and to aggregated data. You will have access via our Communication Features to the personal data, Customer Data, and Company Content that you provide to us. You may access within our Communication Features aggregated data relating to your messaging activity, such as the aggregate number of messages sent, delivered, read, and received.
Other Information. You understand and agree that The In4mant collects, stores, and uses:
(a) information from your business account and registration;
(b) usage, log, and functional information generated from your use of our Communication Features;
(c) performance, diagnostics, and analytics information;
(d) information related to your technical or other support requests; and
(e) information about you from other sources such as other The In4mant users, businesses and third-party companies. We and the Affiliated Companies will use all the information we have to develop, operate, provide, improve, understand, customize, support, and market our Communication Features, our other services, and the services and products of the Facebook Companies. It is not possible to opt-out of these data practices.
Legal Disclosures and Third-Party Requests. You agree that The In4mant may share your information, including Company Content, if we in good-faith believe that it is reasonably necessary to:
(a) respond pursuant to applicable law or regulations, legal processes, or government requests;
(b) enforce these Business Terms and any other applicable terms and policies, including for investigations of potential violations;
(c) detect, investigate, prevent, and address fraud and other illegal activity, or security or technical issues; or
(d) protect the rights, property, and safety of our users, The In4mant, or others.
8. Availability
Our Communication Features may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to discontinue some or all of our Communication Features in our sole discretion, including certain features and the support for certain devices and platforms. Events beyond our control may affect our Communication Features, such as events in nature and other force majeure events.
9. Disclaimer
Company uses our communication features at its own risk and subject to the following disclaimers. We are providing our communication features on an “as is” basis without any express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful; that our communication features or any other services will be operational, error free, secure, or safe; or that our communication features or any other services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for controlling, how or when our users use our communication features or other services, or the features, functionalities, and interfaces our communication features or other services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. This section is without prejudice to our obligations as a data processor under the The In4mant business data processing terms.
10. Limitation of Liability
We will not be liable to company for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with these business terms, us, or our communication features, even if we have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with these business terms, us, or our communication features will not exceed the greater of one hundred dollars ($100) or the amount company has paid us in the past twelve months to use our communication features. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to company. Notwithstanding anything to the contrary in these business terms, in such cases, the liability of The In4mant and its directors, officers, employees, affiliates, and agents (“The In4mant parties”) will be limited to the fullest extent permitted by applicable law.
11. Indemnification
Company agrees to defend, indemnify, and hold harmless the The In4mant Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following (“Claim”):
(a) Company’s access to or use of our Communication Features, including information provided in connection therewith;
(b) Company’s breach or alleged breach of these Business Terms or applicable law; and
(c) any misrepresentation made by Company. We have the right to solely control, and Company will cooperate as fully as required by us in, the defence or settlement of any Claim.
12. Modifying and Terminating our Communication Features
We may modify, suspend, or terminate Company’s access to or use of our Communication Features and these Business Terms at any time and for any reason, permissible by applicable law, including if we determine, in our sole discretion, that Company violates these Business Terms, receives excessive negative feedback, or creates harm, risk, or possible legal exposure for us, our users, or others.
Upon termination, we will remove your account profile from The In4mant, and retain for up to 90 days data associated with your account, including data you have provided to us or which we have collected from your use of the Communication Features as described in this agreement’s section on Our Data Practices.
Company may terminate these Business Terms at any time for any reason by providing us written notice. Upon termination of these Business Terms for any reason, Company must promptly discontinue all use of our Communication Features, uninstall and destroy all copies of software provided by The In4mant, and delete any user information Company obtained from using our Communication Features. The following provisions will survive the termination of these Business Terms: Third-Party Services, Company’s Rights, The In4mant’s Rights, Feedback, Availability, Disclaimer, Limitation of Liability, Indemnification, Modifying and Terminating our Communication Features, The In4mant Confidential Information, Publicity, Legal Compliance, Governing Law and Venue, Amendment, Assignment, Severability, Miscellaneous, and Notices.
13. The In4mant Confidential Information
Our communications with Company may contain The In4mant confidential information. The In4mant confidential information includes any of our materials, communications, and information that we provide to you or Company that are marked confidential or that would normally be considered confidential by a reasonable person under the circumstances. If you receive any such confidential information, you will not disclose it to any third party without our prior written consent. The In4mant confidential information does not include information that you independently developed, was rightfully given to you by a third-party without confidentiality obligation, or becomes public through no fault of your own. You may disclose The In4mant confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders where we didn’t receive notice.
14. Publicity
Except as permitted by The In4mant, Company will not make any public statements regarding these Business Terms and Company’s relationship to The In4mant. Company agrees to cooperate with The In4mant in responding to any user, press, or governmental inquiries that either party may receive, in the manner directed by The In4mant.
15. Legal Compliance
Our Communication Features are not intended for distribution to or use in any country where such distribution or use would violate local law. We reserve the right to limit our Communication Features in any country at any time.
16. Governing Law and Venue
The laws of South Africa govern these Business Terms and any Disputes (defined below) that may arise between The In4mant and Company, without regard to conflict of law provisions. Company will resolve any claim, cause of action, or Dispute(s) relating to, arising out of, or in any way in connection with these Business Terms, us, our Communication Features, or other products and services we may make available (“Dispute(s)”) exclusively in South Africa to the extent there is l jurisdiction. You agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.
Mediation. To the extent your customers are located in the European Region and our obligations under the Platform Regulation applies, you or we may refer any claim, cause of action, or Dispute (including complaints that could not be resolved) to voluntary mediation, by giving written notice to the other via email (you may email us at Admin@In4mant.com and we may email you at your valid email address). Mediation will not affect your or our right to adjudicate the dispute in court proceedings at any time.
17. Amendment
We may amend or update these Business Terms, including all incorporated policies and documents. Changes to these Business Terms become effective upon the date that we publish such changes, except when our obligations under the Platform Regulation applies to you, we will provide you at least 15 days’ advance notice, subject to the exceptions in the Platform Regulation, and if you have provided us with your valid email address. Company’s continued use of our Communication Features confirms its acceptance of these Business Terms as amended. If Company does not agree to these Business Terms as amended, Company must stop using our Communication Features by deleting its account. Please review these Business Terms from time to time.
18. Assignment
All of our rights and obligations under these Business Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer Company’s information to any of our affiliates, successor entities, or new owner in connection with such a merger, acquisition, restructuring, or sale of assets. Company will not transfer or assign any of its rights or obligations under these Business Terms to anyone else without our prior written consent, and any attempt to do so is void.
19. Severability
If any provision of these Business Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Business Terms and shall not affect the validity and enforceability of the remaining provisions.
20. Miscellaneous
The section titles in these Business Terms are for convenience only and have no legal or contractual effect. Our Business Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls. Terms such as “including” are to be construed without limitation. Nothing in these Business Terms will prevent us from complying with the law. These Business Terms do not establish any agency, partnership, or joint venture between Company and The In4mant. Except as set out in the Data Transfer Addendum (where applicable pursuant to the Data Processing Terms), these Business Terms do not give any third-party beneficiary rights. If we fail to enforce any of these Business Terms, it will not be considered a waiver. Unless a mutually executed agreement between Company and us states otherwise, these Business Terms make up the entire agreement between Company and us regarding our Communication Features and supersede any prior written or oral agreements.
21. Notices
Written notices to The In4mant may be addressed as follows:
The In4mant Legal Department
26 Bergsig Village
Springfontein Road
Bellville
Cape Town
