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Terms & Conditions

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND THE APPLICABLE US (CAB LINKS PTY LTD or CABLINKS) CONTRACTING ENTITY LISTED ON THESE TERMS AND ON OUR OPERATIONS (HEREINAFTER “CAB LINKS) GOVERNING YOUR USE OF CAB LINKS SYSTEMS AND BUSINESS MANAGEMENT SOFTWARES.

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the general terms and service specific terms, the Service Specific Terms shall prevail.

Agreement and Acceptance

You must be of legal age (within your jurisdiction) to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services on registration and on some forms during the use of service.

Detailed Service on offer

We do provide cloud/online software and applications for individuals and businesses, including associated offline and mobile applications herein named "Service" or "Services". You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. Costs associated with access will be at user’s account. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Research and Development (R&D) Services

In our passion to offer the best in the market, we continuously do R & D, in this case, we may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation before fully offer such services. You agree that we have the right and sole authority, discretion to determine the period of time for testing and evaluation of such services. We will be the sole judges of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Cablinks will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Trial Periods

The market is huge, difficult to choose the best, on our endeavor to give each of our clients a chance to understand our services, we do sometimes offer certain packages with free limited trials to test our services. If you register for a free trial of one or more Services, Cab Links will make the applicable Services available to you on a trial basis free of charge until: (a) the end of the free trial period of the applicable Services, (b) the start date of the paid subscription period for the applicable services and, or (c) Cab Links decides the system is abused and terminate your trial period. Any data that you enter into the Services, and any customizations made to the Services during the free trial will be permanently lost unless you (a) a paid subscription is activated, (b) export such data to an offline storage before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.

Your access account

Each user, to be able to access our services needs to sign up for a user account by providing all required information in order to access or use the services. If you represent an organization and wish to use the services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. It is the responsibility of the users to safe guard their credentials and avoid sharing of such. For this account to be created, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and (b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Cab Links has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Cab Links may terminate your user account and refuse current or future use of any or all of the services offered.

Limitations

Notwithstanding any other terms and conditions of this Agreement, you will not:

  1. Use the system to invade other people’s privacy
  2. Use vulgar, abusive language, threaten nor harm certain targeted group of people or individuals.
  3. Sublet, or sale to a third party without any written permission from Cab links;
  4. allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user;
  5. except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the services;
  6. use third party links to sites without agreeing to their website terms & conditions;
  7. post links to third party sites or use their logo, company name, etc. without their prior written permission;
  8. crack the system, attempt to gain unauthorized access to the services or its related systems or network;
  9. Misuse the services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Cab Links;
  10. Malicious software transfer strictly prohibited,
  11. Provide false information and or identity to mislead any person as to the identity or origin of any communication;
  12. Refrain from using and uploading, hosting, displaying, modifying, publishing, transmitting, updating and or sharing any information that belongs to a third party including but not limited to personal confidential information without their consent or permission.
  13. Use the services to misrepresent or disseminate false information with the intent to mislead or harass a person or a group of people, entity or agency for financial gains or to cause any injury to any person or group of people.
  14. Deface, remove or alter any proprietary or other notices contained in the services or social handles.
  15. Use the services for any illegal use against any law.
  16. Campaign on or against political or religious sentiments
  17. You also agree on not using the system for the transmission of junkmail or unsolicited emails.

Enhanced services

We (Cab Links) integrate with many third party applications (hereinafter "Third Party Application(s)"). Access and use of the third party applications may require acceptance of terms of service and privacy policies applicable to such third party applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding them (Third Party Application). You acknowledge and agree that Cab Links is not liable for any third party applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Cab Links may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove such services without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

Costs of services

What we offer and the prices are displayed for you to make an informed decision. All services are available under subscription plans of various rates. Most of our payments for subscriptions can be made online and will be automatically renewed at the end of each subscription period for the same value of that package unless you downgrade or upgrade your paid subscription plan or there is an increase on the chosen plan. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different credit card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Cab Links to charge the subscription fee to the credit card last used by you.

Any increase in charges will not apply until the expiry of your then current billing cycle. In the event any tax such as VAT, GST, sales tax or the like is chargeable by Cab Links in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), Cab Links will invoice you for such Taxes. You agree to pay Cab Links such Taxes in addition to the subscription fees. Cab Links shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid for any subscription amount.

Your Access accounts

You agree and understand that Cab Links is not responsible for account administration and internal management of the services for you but your team is.

On signing up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions. The following must be noted:

  • ensure confidentiality of your organization account password,
  • appoint competent individuals as administrators
  • ensuring that all activities that occur in connection with your organization account comply with this Agreement
  • You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending to us a detailed pathway to info@cablinks.org.
  • In the event and absence of any specified administrator account recovery process, Cab Links may provide control of an administrator account to an individual with substantial proof that is satisfactory to Cab Links demonstrating authorization to act on behalf of the organization.

You agree not to hold Cab Links liable for the consequences of any action that may be taken by Cab Links in good faith in this regard.

Engagements and Complaints

In case we receive an complaint from any person with respect to your activities as part of use of our services, we will inform you through the primary email address of your user account. You must respond to the complainant directly within 5 (five) working days of receiving the forwarded complaint and copy Cab Links in the communication. If you do not respond to the complainant within the specified days from the date of our email to you, we may disclose your full contact details to the complainant for enabling the complainant to take legal action against you. You understand and agree that your failure to respond to the forwarded complaint within the 5 (five) working days time limit will be construed as your consent to disclose your full contact information by Cab Links to the complainant without further engagement.

Inactive User Accounts Policy

Hosted data is paid for and may accrue expenses; we reserve the right to terminate unpaid user accounts that may be inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted without further communication from our side. We may provide you prior notice of such termination, deletion and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the services. Each service (HR, Accounting, ERM) will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the services is not sufficient to keep your user account in another service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive and will not be deleted.

Data Ownership

Our agreement is to provide service, provide online accounting, payroll system, erm and other organizational management software, we respect your right to ownership of content created or stored by you using our software. You own the content created or stored by you. Unless specifically permitted by you, your use of the services does not grant Cab Links the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Cab Links’s commercial, marketing or any similar purpose. But you grant Cab Links permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the services to you and your enterprise. Above all we may use it for service improvement.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Cab Links breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

Modification of Terms of Service

We may modify this agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the agreement that affects your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the services by providing Cab Links notice by email within 30 days of being notified of the availability of the modified agreement if the agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the service after the effective date of any change to the agreement will be deemed to be your agreement to the modified “Agreement of Services”.

Data Storage/Hosting Location and use

  • While for now, our preferred hosting service providers are in Europe, we may split hosting based on your location in the long run. The location of the cloud facility from which you are served will depend on the mapping of your region/country to the available cloud facilities at the time of your sign-up. We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time. You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined base on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, Cab Links may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country, or close your account and deny the service to you. If you are served from a cloud facility outside your region/country and Cab Links group entity has an office in your region/country, apart from storing the data in the cloud facility assigned to you, we may store a local copy of the data in your region/country.
  • You may transmit or publish content created by you using any of the Services you are subscribed to, but you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available for we wont be liable for such. Any content that you may receive from other users of the Services, is provided to you as is for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. In addition, by making any content available in the manner aforementioned, you expressly agree that Cablinks will have the right to block access to or remove such content made available by you if Cab Links receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Cab Links for this purpose.

Trademark

'Cab Links', ‘Cablinks’, Cab Links logo, the names of individual services and their logos are trademarks of Cab Links Pty Limited. You agree not to irresponsible display or use, in any manner, the Cab Links trademarks, without Cab Links’s prior permission.

Disclaimer of Warranties

While every effort is made to provide error free services, it is your duty to report any bugs, errors and misrepresentations on the system for prompt alignment to the current standards. You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Cab links Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Cab links makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from cab links, its employees or representatives shall create any warranty not expressly stated in the agreement.

Limitation of Liability and Indemnity

  • You agree that Cab Links Pty Ltd shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if cab links has been advised of the possibility of such damage. In no event shall Cab Links’s entire liability to you in respect of any service, whether direct or indirect, exceed your one month’s fees.
  • You agree to indemnify and hold harmless; Cab Links Pty Ltd, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the services in violation of another party's rights, in violation of any law, in violations of any provisions of this agreement, or any other claim related to your use of the services, except where such use is authorized by Cab Links Pty Ltd.

Governing Law and Jurisdiction

The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this agreement will depend on your billing address. Otherwise all the disputes may be referred to South African High court. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts in case of any dispute or lawsuit arising out of or in connection with this agreement.

If you have any questions or concerns regarding this agreement, please contact us at info@cablinks.org.

The End