This policy has being duly authorized by the directors of Modality Apps (Pty) Ltd.
This policy is applicable to all staff and clients of Modality Apps (Pty) Ltd.
04 October 2018.
This policy outlines the terms of acceptable use of the software applications of Modality Apps (Pty) Ltd, including but not limited to:
Mobiloan, a loan origination mobile application; and
Modality Apps (Pty) Ltd is a private company registered in the Republic of South Africa under registration number 2014/232174/07; and
Modality Apps (Pty) Ltd makes Mobiloan and the website available to users, subject to the terms and conditions set out herein.
Any reference to “Modality Apps”, "we", “our” or "us" in this document shall mean Modality Apps (Pty) Ltd;
Any reference to “you”, “client” or “user” shall mean the user of Mobiloan, the website and / or other application developed owned and maintained by Modality Apps (Pty) Ltd and in turn expressly the client of Modality Apps (Pty) Ltd;
Any clause headings are for convenience and are not to be used in its’ interpretation;
Unless the context indicates a contrary intention an expression which denotes:-
masculine shall include feminine and vice versa;
a natural person shall include a juristic person and vice versa; and
the singular shall denote the plural and vice versa.
Where there is a conflict between the words describing a number and the number, the words will prevail.
By accessing our software applications, you are deemed to have read, understood and agreed to the terms thereof;
Modality Apps may at any time modify any or all of the terms of this policy;
Modification(s) to the terms of this policy will have the effect of superseding and replacing any previous terms and shall be applied retrospectively unless the same is not possible in law, in which case the relevant term will be applied prospectively;
The amended policy terms will be made available via our software applications;
Each time you access our software applications, you agree to be bound by the terms thereof;
If you do not accept these terms and conditions, you are prohibited from using our software applications and you are required to cease making use of the same immediately;
The terms and conditions stated in this document apply to the use by you of our software applications;
The terms and conditions of this policy do not modify or seek to modify any provisions contained within any commercial agreement concluded between yourself and Modality Apps or any other third party.
While we make every effort to ensure that the data and / or information made available to you through the use of our software applications is kept up to date, we in turn make no representations or warranties, express or implied in law, as to the accuracy, completeness or reliability of any information, data and / or content displayed or contained in our software applications;
Where information, ideas and opinions are expressed in our software applications they are of a general nature and should not be regarded as financial or other advice nor should reliance be placed on the same;
Before making any decision or taking any action based on, or in relation to information, ideas and opinions expressed in our software applications, which might affect you, your personal finances or business, you should obtain appropriate advice from a suitably qualified professional;
Modality Apps is resident in the Republic of South Africa, however we do maintain strategic relationships with service provider companies both in and outside Republic of South Africa;
The above being said, content related to the products and services featured on our software applications, irrespective of the provider, are governed by the laws of the Republic of South Africa unless otherwise expressly stated herein; and
Similarly, by using our software applications you confirm that any dispute arising out of the use of our software applications is subject to the laws of the Republic of South Africa and as such is subject to the exclusive jurisdiction of the courts within the same.
By downloading and / or accessing our software applications, you warrant and represent to Modality Apps that you are legally entitled to do so;
By subscribing or registering with us for the purpose of making use of any of our products you warrant and represent that you are legally authorised to do so;
You further warrant that you will not use our software applications, the products and / or the services or any information made available or sent to you by us by virtue of your use of our software applications for any purpose that is unlawful or prohibited under South African or international law or in contravention of the terms of this policy or any other agreement concluded by you with us;
You hereby indemnify Modality Apps against loss(es), liability(ies), damage(s) or expense(s) of any nature that you might suffer which is directly or indirectly caused by or is attributable to a breach by you of any of the terms in this policy;
We reserve the right to modify, withdraw or deny your access to our software applications at any time, and for whatever reason as we in our absolute discretion deem appropriate;
You may print pages or take screenshots for your reference only, but no part of our software applications may be reproduced or transmitted by you for any other purpose;
Our software applications are intended to compliment the products and services offered to you by Modality Apps and not to provide exhaustive treatment of any subject;
Data and / or information on our software applications including all research, opinions or other content is not intended and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services; and
Before making any decision or taking any action which might affect you, your personal finances or business, you should obtain appropriate advice from a suitably qualified professional.
All copyrights, intellectual property rights, materials, texts, drawings and data made available through our software applications (collectively “property”) are owned by Modality Apps and are in turn protected by South African intellectual property laws;
Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the property or any component thereof will be an infringement of such copyright and other intellectual property rights; save that you may use the property or any component thereof for your own internal purposes and for purposes of considering and making use of the services offered by Modality Apps only;
The trademarks, names, logos and service marks (collectively "trademarks") displayed on our software applications are registered and unregistered trademarks of Modality Apps or our integration partners as appropriate; and
Nothing contained in our software applications grants any license or right to use any trademark without the prior written permission of Modality Apps.
From time to time our software applications may include links to other third party websites;
These links are provided in order to enhance other featured content within our software applications;
No endorsement or approval of any third party or their advice, opinions, information, products or services is expressed or implied by any link in our software applications to third party content;
External links may be provided for your convenience, but they are beyond the control of Modality Apps and as such we accept no liability in that regard;
Use or reliance on any external links is at your own risk;
When visiting external links you must refer to the external terms and conditions of use of the third party; and
No hypertext links shall be created from any website controlled by you or otherwise to our software applications without the express prior written permission of Modality Apps.
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (also known as “linking”), to the website or any subsidiary pages without receiving Modality Apps' prior written approval, which may be withheld or granted subject to the conditions Modality Apps specifies from time to time;
Framing, No person, business or website may frame the website of Modality Apps or any of the pages on the software applications in any way whatsoever; and
Crawlers and spiders, No person, business or website may use any technology to search and / or gain information from Modality Apps' software applications without its prior written consent.
Save as set out in the terms, Modality Apps makes no warranties, representations, statements or guarantees express, implied or otherwise, in law, regarding our software applications;
Modality Apps software applications are provided "as is", which you warrant is in terms of your expectation and requirements;
Modality Apps does not make any warranty or representation that information and services advertised on our software applications are appropriate for use in every jurisdiction;
To the fullest extent possible by law, Modality Apps expressly disclaims all, express or implied, warranties, including, without limitation, warranties and non-infringement, compatibility, security and accuracy in respect of our software applications;
Modality Apps does not warrant that their software applications or any software available for download via their software applications is free from viruses or destructive codes;
Neither Modality Apps nor its directors shall be held responsible in any capacity for liability or losses incurred by you or a related third party either directly or indirectly as a result of the use of their software, applications or website, which shall include any losses as a result of placing reliance on any information provided by their software applications;
Without limiting the generality of the aforementioned, neither Modality Apps nor its’ directors shall be liable for any loss of business, loss of data and / or loss of profits, any failure and / or unavailability of our software applications for any reason whatsoever and / or the failure / delay by any third party service provider to render any service(s) which are necessary to ensure the availability of our software applications;
Information transmitted via the internet is susceptible to monitoring and interception. You will bear all risks of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us;
It cannot be guaranteed that any unsolicited, confidential or proprietary information sent to us via the internet will remain confidential. If you need to send such information to us and are concerned about the security of this information please contact us and we will advise you of the most appropriate method of transmission; and
Nothing on our software applications is intended nor should they be construed to be an offer to enter into a contractual relationship with you or anyone else, except for these terms which govern the relationship between us in relation to your use of our software applications.
Modality Apps will not tolerate you using their software applications in contravention of any law, whether common law or statute; and
Should you contravene any law using their software applications, Modality Apps reserves the right to institute legal proceedings against you, which may include criminal charges and a claim for damages as appropriate.
We respect your right to privacy and your right to access your data;
collect the data you provide;
use the data you provide; and
retain the data you provide and we collect through your use of our software applications.
You can contact us regarding the contents of this policy, to lodge a complaint or for general queries via email on email@example.com.