(update: 1 February 2023)
1.1 Limited Liability of Dripcel
By accessing and using the Website (Dripcel, dripcel.com, https://dripcel.com, app.dripcel.com, https:/dripcel.com) and Services, the User (“User”, “you” or “your”) accepts full responsibility for any risk associated with their usage. At any moment, Dripcel may alter or end certain components of the Website and Services, including, but not limited to, content, hours of availability, products, Services offered and equipment needed for access or use the Website. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website and Services, Dripcel takes no responsibility for, and will not be liable for the Website or Services being temporarily unavailable or inaccessible for whatsoever reason.
1.2 No Warranty
The information contained on the Website and the Services provided via the Website is provided by Dripcel and/or its partners, members, suppliers or agents without warranty of any kind, express or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.
1.3 Indemnification of Dripcel
You agree to defend, indemnify and hold Dripcel, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the Services; and any reasonable legal and accounting fees, resulting from, or alleged to result from your use of this Website or the Services.
1.4 Account at Dripcel
Dripcel Website allows you to create an Account to use the Dripcel Services. You accept and agree that Dripcel may cease provision of the Services, and/or terminate your Account, delete your User content, cancel orders and/or prohibit your further use of the Website and/or Services at its sole discretion, with or without notice.
1.4.1 Unsolicited messages
Dripcel reserves the right to block or terminate the user’s account at its sole discretion if it determines that the account is being used for spam, unsolicited messaging, or any other illegal or harmful activities that Dripcel deems to be misleading. That includes fraudulent or suspicious messaging that is intended to deceive or mislead the recipient for malicious purposes. Dripcel may take such action without prior notice or liability to the user.
1.5 Usernames & Passwords
To activate an Account with Dripcel, Users will be required to provide a username and password. This username and password will serve as your identification with regard to the Services provided by Dripcel. Should your username and/or password’s confidentiality have been compromised, you are to notify Dripcel immediately so that a new username and password may be issued to you. Dripcel accepts no liability for any transactions performed by third parties who come into the possession of your username and password.
1.6 Unauthorized use of the Website and Services
The User is permitted to use the Website and Services for lawful purposes only. Unauthorized use of the Services and Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Dripcel or third parties, for the purposes of distribution of defamatory, unsolicited, or otherwise objectionable, or offensive in the discretion of Dripcel. Unauthorized use of this Website may result in termination of your Account, and/or you may be found guilty of a statutory and/or criminal offense and/or be liable for civil damages. The Services provided by Dripcel are not available to minors and minors may under no circumstances create Accounts. By using the Services provided by Dripcel, you confirm that you are capable of entering into a binding agreement, and you warrant that the information submitted by you in creating your Account is true and accurate.
1.7 Website Links
From time to time this Website may include links to other websites. These links are provided for your convenience for the purposes of providing further information. Such links do not signify that Dripcel endorses the website(s) linked to. You agree that Dripcel shall have no responsibility or bear no liability in relation to the content of the linked website(s).You may not create a link to this Website from another website or document without Dripcel’s prior consent in Writing, in which case the terms of your linking to the Website shall be governed by the terms of a “Linking Agreement” with Dripcel.
1.8 Applicable Law and Jurisdiction
This Agreement, the Services and the electronic communications and transactions conducted via the Website shall be governed by and be interpreted in accordance with the law of South Africa. Any dispute regarding this Agreement or the Services that cannot be resolved between the Parties, shall however, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English. Access to the Website and use of the Services in territories or countries where this Website or the Services contained on it is illegal is strictly prohibited. The User may not use this Website in violation of South African export laws and regulations. Further and in addition to the compliance with the laws of South Africa, the User shall procure that any communications sent by the User through the Services of Dripcel shall in all instances (i) comply with the local laws of the recipient of such communications and (ii) not constitute a violation of such recipient’s rights. Users operating in the European Union shall comply with all relevant laws, directives and Codes of Conduct in force including without limitation, the EU Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC and all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at http://www.mmaglobal.com. Users of the Services shall further comply with any relevant code of conduct for the wireless industry to which Dripcel is subject, including the Wireless Applications Service Provider (WASPA) Code of Conduct located at http://www.waspa.org.za/code/codeconduct.shtml.
If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.
1.10 Website Intellectual Property
This Website constitutes software, services and content (such as text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Dripcel and/or various third parties and subject to the intellectual property laws of South Africa. Further, and to the extent that Dripcel does not own specific content or such content falls within the public domain, Dripcel may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No license to Dripcel’s intellectual property or the intellectual property of third parties has been granted to you unless otherwise indicated. The software, Services and content may not be used in violation of the intellectual property rights of Dripcel and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
The full name of Dripcel
Insiteq (Pty) Ltd t/a Dripcel, a limited liability company incorporated in terms of the Companies Act of South Africa.
Dripcel’s physical address and telephone number
138 West St, Sandton, Johannesburg, South Africa 2196
Dripcel’s web site address and email contact address
Registration number of Dripcel
Place of registration
The physical address where Dripcel will receive legal service of documents
138 West St, Sandton, Johannesburg, South Africa 2196
Description of the main characteristics of the products or services offered by Dripcel
SMS marketing platform
Alternative Dispute Resolution Code
You agree that in the event of a dispute or alleged breach of the terms hereof you will work together with Dripcel in good faith to resolve the matter by escalating it to higher levels of management prior to resorting to arbitration.