Terms & Conditions

Introduction

  1. In order to use the CPS Services, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable law.
  2. CPS may need your Personal Information to provide our Services. By using our Services, you represent that any Personal Information that you submit to CPS is true, accurate, and complete, and you agree to receiving from CPS notifications necessary to us providing the Services for you.

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Use Of Service

CPS reserves the right, in its sole and absolute discretion, to deny access to and/or use of the CPS website or app to anyone at any given time and for any reason. While we endeavour to ensure that reasonable efforts are made to keep the website and app services accessible, the services maybe unavailable from time to time. You acknowledge and agree that there may be interruptions to the services and/or use and access to your account due to circumstances such as routine maintenance and other circumstances outside of CPS’s control.

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Payment

  1. The User shall pay all charges as and when they fall due in accordance with any relevant provisions in this Agreement.
  2. CPS reserves the right to suspend or withhold the Services until full payment of any outstanding overdue amount is received.
  3. CPS reserves the right to alter its charges at any given time.
  4. In the event of any dispute between CPS and the User relating to any charges billed to the User by CPS, the charges set out in the records of CPS shall be conclusive evidence of the charges incurred by the User.


Personal Privacy & Data

  1. You agree to your Personal Information being gathered, processed, used and shared with our partners     for the purpose of providing our services. Your information may also be shared to the relevant authority at the request for purposes including but not limited to crime prevention, detection, investigation and prosecution. Your Personal Information includes but is not limited to your name, email address, mobile phone number, mailing address, credit or debit card information. We may also collect your Personal Information when you contact our customer support.
  2. We respect your privacy. We handle your Personal Information under applicable laws and regulations     including the POPI Act. Our Privacy Policy describes our information practices, including the types of information we receive and collect from you and how we use and share this information.

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Governing Law

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by any Magistrates or High Court in South Africa under the relevant jurisdiction and/or legislation in force when notice is submitted to the courts.

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Force Majeure & Other Events

Notwithstanding any other provision of this Agreement, a party shall not be liable for any failure to fulfil an obligation under this Agreement (other than an obligation to pay any fees) if such a fulfilment is delayed, prevented, restricted or interfered with for any reason as a result of a causes beyond its reasonable control, or which is not occasioned by its fault or negligence, including, but not limited to, war (declared or undeclared), riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by governments or other supranational legal authority or any other industrial or trade disputes, fires, explosions, storms, floods, lightening, earthquakes, natural calamities, or telecommunication network outages or degradation, or any other event which prevents or restricts access to a location which CPS requires in order to perform the Services (“Force Majeure”).

The party whose performance has been or is being affected by a Force Majeure shall make reasonable commercial efforts to mitigate the effect of the Force Majeure, and to carry out its obligations as soon as practicable after the removal of the Force Majeure.

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Entire Agreement

This Agreement embodies the entire understanding between the parties, and there are no promises, terms, conditions or obligations (oral or written, expressed or implied) other than those contained in this Agreement. No change or addition may be made to this Agreement except in writing signed by duly authorised representatives of both parties.

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Severability

If any provisions of this Agreement shall be construed to be illegal or invalid, they shall not affect the legality, validity or enforceability of the other provisions of this Agreement. The illegal or invalid provision(s) shall be deleted from this Agreement and no longer incorporated in this Agreement but all other provisions of this Agreement shall continue.

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Changes to Terms & Conditions

We reserve the right to make changes at any time to any part of our Terms and Conditions from time to time. Your continued use of our services after any changes in this Terms & Conditions will constitute your acceptance of such change.

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Restrictions

Except as expressly specified in these Terms & Conditions, you agree that you shall not;

  1. Modify and/or make derivative works of, disassemble, reverse compile and/or reverse engineer any part of the CPS website or app,
  2. Licence, host, reproduce, assign, republish, sub-licence, or in any way commercially exploit the services, in whole or in part,
  3. Frame or utilise framing techniques to enclose any trademark, logo, images, text, page layout of the website or app,
  4. Use any manual or automated software, devices or other processes including but not limited to robots, scrapes, crawlers, spiders, data mining tools to scrape and/or download data from any page contained on the website or app,
  5. Remove and/or destroy any copyright notices and/or other proprietary markings contain on the CPS website or app,
  6. Run any form of auto-responder and/or spam on the CPS website or app,

By downloading or using the app, these terms will automatically apply to you – you should

make sure therefore that you read them carefully before using the app. You’re not allowed

to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not

allowed to attempt to extract the source code of the app, and you also shouldn’t try to

translate the app into other languages, or make derivative versions. The app itself, and

all the trade marks, copyright, database rights and other intellectual property rights related

to it, still belong to CPSSA PTY LTD.

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CPSSA PTY LTD is committed to ensuring that the app is as useful and efficient as

possible. For that reason, we reserve the right to make changes to the app or to charge

for its services, at any time and for any reason. We will never charge you for the app or

its services without making it very clear to you exactly what you’re paying for.

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The CPS app stores and processes personal data that you have provided to us, in order

to provide our Service. It’s your responsibility to keep your phone and access to the app

secure. We therefore recommend that you do not jailbreak or root your phone, which is

the process of removing software restrictions and limitations imposed by the official

operating system of your device. It could make your phone vulnerable to

malware/viruses/malicious programs, compromise your phone’s security features and it

could mean that the CPS app won’t work properly or at all.

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The app does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers used by the app

  • Google Play Services
  • Google Analytics for Firebase
  • Firebase Crashlytics

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You should be aware that there are certain things that CPSSA PTY LTD will not take

responsibility for. Certain functions of the app will require the app to have an active

internet connection. The connection can be Wi-Fi, or provided by your mobile network

provider, but CPSSA PTY LTD cannot take responsibility for the app not working at full

functionality if you don’t have access to Wi-Fi, and you don’t have any of your data

allowance left.

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If you’re using the app outside of an area with Wi-Fi, you should remember that your terms

of the agreement with your mobile network provider will still apply. As a result, you may

be charged by your mobile provider for the cost of data for the duration of the connection

while accessing the app, or other third-party charges. In using the app, you’re accepting

responsibility for any such charges, including roaming data charges if you use the app

outside of your home territory (i.e. region or country) without turning off data roaming. If

you are not the bill payer for the device on which you’re using the app, please be aware

that we assume that you have received permission from the bill payer for using the app.

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Along the same lines, CPSSA PTY LTD cannot always take responsibility for the way you

use the app i.e. You need to make sure that your device stays charged – if it runs out of

battery and you can’t turn it on to avail the Service, CPSSA PTY LTD cannot accept

responsibility.

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With respect to CPSSA PTY LTD’s responsibility for your use of the app, when you’re

using the app, it’s important to bear in mind that although we endeavour to ensure that it

is updated and correct at all times, we do rely on third parties to provide information to us

so that we can make it available to you. CPSSA PTY LTD accepts no liability for any loss,

direct or indirect, you experience as a result of relying wholly on this functionality of the

app.

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At some point, we may wish to update the app. The app is currently available on Android

& iOS – the requirements for both systems(and for any additional systems we decide to

extend the availability of the app to) may change, and you’ll need to download the updates

if you want to keep using the app. CPSSA PTY LTD does not promise that it will always

update the app so that it is relevant to you and/or works with the Android & iOS version

that you have installed on your device. However, you promise to always accept updates

to the application when offered to you, We may also wish to stop providing the app, and

may terminate use of it at any time without giving notice of termination to you. Unless we

tell you otherwise, upon any termination, (a) the rights and licenses granted to you in

these terms will end; (b) you must stop using the app, and (if needed) delete it from your

device.

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Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to

review this page periodically for any changes. We will notify you of any changes by

posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2021-07-21

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Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not

hesitate to contact us at info@cpssafrica.co.za.

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