beepd™ Pty Ltd - Terms & Conditions of Use
Please read these Terms and Conditions. By using or subscribing to the content of this website or any forms of the site including but not limited to any Mobile Websites, Web Applications, or Native Applications produced by beepd™ Pty. Ltd the accessor of said content, hereafter referred to as the User, agrees to be bound by our Terms and Conditions described herein. If the User does not agree with these Terms and Conditions they may not use our site. These Terms and Conditions only apply in the access or use of the website and any of the sub domains or domains of beepd™. These Terms are fully described below. Violation of these Terms and the consequences thereof is described in the section, Violation of Terms, with the understanding that beepd™ reserves the right to terminate services at any time for any individual or business Subscriber, using or subscribing to our services and our websites. beepd™ may, at its sole discretion, revise the Terms and Conditions at any time. These revised Terms and Conditions will take effect for all Users and Subscribers immediately upon posting on any of our sites or where Terms and Conditions are visible and/or easily accessible for Subscribers of the beepd Smart Communicator™ and/or any beepd™ products. The Users and Subscribers waive any right to receive notifications of any kind about said changes or modification to the Terms and Conditions. The Users and Subscribers should consult the Terms and Conditions on a regular basis. The continued subscription to the beepd Smart Communicator™ and/or any beepd™ products confirms the acceptance of any changes made to the Terms and Conditions. If the User or Subscriber does not agree to the amended Terms and Conditions, they must immediately stop using the beepd™ site, the beepd Smart Communicator™ and/or any beepd™ products.
Definitions of Terms Used
User – The accessor of content hosted and/or provided by – beepd™ Pty Ltd
beepd Smart Communicator™ / beepd SC – A product offered by beepd™
beepd™ Services – Services and websites offered by beepd™
beepd™ Build Your Own / beepd™ BYO – An administration page on our website used to build and manage the beepd Smart Communicator™
beepd Smart Communicator™ Subscriber / beepd™ SC Subscriber / Subscriber – A subscriber to the beepd Smart Communicator™ offered by beepd™.
Authorized User – A user granted access to a beepd Smart Communicator™, through beepd™ Build Your Own.
Hot Buttons – A feature of the beepd Smart Communicator™ enabling links to websites; videos; presentations etc at the beepd Smart Communicator™ Subscriber’s discretion.
Explanation of Services
The service(s) of beepd™ Pty Ltd include the beepd Smart Communicator™, defined as a cross-platform application powered by web services – hereafter referred to as the beepd Smart Communicator™ is equivocal with beepd Smart Communicator™ in relation to all Terms and Conditions outlined in this document, with the exception of the beepd™ Build Your Own that is used to manage and set up the beepd Smart Communicator™ – hereafter referred to as beepd™ Build Your Own. The beepd Smart Communicator™ and beepd™ Build Your Own may also be hereafter referred to as beepd™ Services. (Explanations are subject to change at beepd™ Pty Ltd discretion). It will be known that the “beepd Smart Communicator Subscriber™” hereafter referred to as a Subscriber (paid or otherwise) of a beepd Smart Communicator™ or Authorized User of a beepd Smart Communicator™. Beepd Smart Communicator™ Subscriber in no way denotes possession or ownership of the beepd Smart Communicator™ or any of its copyrighted code.) We may also provide educational content and promotional material for beepd Smart Communicator™ on our website/s, which is intellectual property that is protected – hereafter referred to as beepd Smart Communicator™ Content. (beepd™ is under no obligation to provide such content.) Free customer service and tech support MAY be offered between the hours of 9:00am – 5:00pm GMT Monday – Friday. If a beepd Smart Communicator™ Subscriber abuses said service or support it may be grounds for termination of services. (Abuse will be defined at the discretion of beepd™ and may include phone calls in excess of 10 hrs within a week period.) Billable support MAY also be offered at the discretion of beepd™ for the setup and management of a beepd Smart Communicator™ and/or any beepd™ products.
The User is granted a limited, non-sub-licensable license to the access and use of a beepd Smart Communicator ™ and beepd™ Build Your Own, in-connection with the authorized creation and use of a beepd Smart Communicator™. The beepd Smart Communicator™ and beepd™ Build Your Own are licensed from the owner beepd™ Pty Ltd , subject to the User’s/Subscriber’s acceptance of these Terms and Conditions. Such license is subject to these Terms and Conditions and does not include: (a) any resale or distribution of the beepd Smart Communicator™ and/or beepd™ Services; (b) modifying or otherwise making any derivative uses of the beepd Smart Communicator™ , or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than for the purpose of page caching) of any portion of the beepd™ Services except as expressly permitted on the Site; or (e) any use of the Site or the beepd Smart Communicator ™ and/or the beepd™ Services other than for its intended purpose. Any use of the beepd Smart Communicator ™ Service(s) or the Site Materials other than as specifically authorized herein, without the prior written permission of beepd™, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Limitation of Liability
The beepd Smart Communicator™ Subscriber assumes all responsibility for what they achieve and intended results thereof, and for the setup of the beepd Smart Communicator™. Use, and lack of results obtained therefrom are the sole responsibility of the beepd Smart Communicator™ Subscriber. beepd™ reserves the right to modify, suspend, or discontinue beepd™ Services without notice at any time and without any liability to beepd™.
beepd™ will not be held in any way, financially, legally, or otherwise, liable for incorrect changes made to a beepd Smart Communicator™ whether by the beepd Smart Communicator™ Subscriber, Authorized User, Employees of beepd™, or Unauthorized Users. beepd™ will also not be held in any way, financially, legally, or otherwise, liable for service outages preventing access to the beepd Smart Communicator™, email services, and/or content provided by beepd™.
beepd™ reserves the right to access any, and all information stored on the servers of beepd™ at our sole discretion without notification to the beepd Smart Communicator™ Subscriber.
The User/Subscriber must be at least 18 years of age to create an account and to use beepd™ Services. By registering, the User/Subscriber represents and warrants to beepd™ that they are 18 years of age or over. Should beepd™ be notified or otherwise become aware that the User/Subscriber is under 18 years of age, beepd™ reserves the right to terminate the account and this license and to refuse service to the User/Subscriber at any time with or without notice.
beepd™ reserves the right to refuse service to anyone at any time with or without notice for any reason.
Intellectual Property Rights
The User agrees that beepd™ owns all rights, titles, and interests (including without limitation, all intellectual property rights) of all beepd™ Service(s) and website(s) as well as content on the beepd™ website and/or beepd™ Service(s) not posted by beepd Smart Communicator™ Subscribers or Users. beepd™ Service(s) and website(s) are protected by South African and International intellectual property laws. Accordingly, the User/ Subscriber agrees that they will not copy, reproduce, alter, modify, or create derivative works from the beepd™ Service(s) or website(s). The User/Subscriber also agrees that they will not use any robot, spider, other automated device or manual process to monitor or copy any content from the beepd™ Service(s) or website(s).
All content and other material on the beepd™ Service(s) and website(s) is the proprietary property of beepd™ or its licensors or users and is protected by South African and international copyright laws. All rights not expressly granted in these terms are expressly reserved. The decision by beepd™ not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.
beepd™ is in the process of registering the trademarks in respect of the beepd Smart Communicator™, the beepd™ logo, and all other beepd™ products and service names and slogans. beepd Smart Communicator™, the beepd™ logo, and all other beepd™ products and service names and slogans contained on beepd™ Service(s) are trademarks of beepd™, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of beepd™ or the applicable trademark holder. The User may not use any metatags or any other “hidden text” utilizing “beepd™”, or any other name, trademark or product or service name of beepd™ without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or Corporate Identity of beepd™ and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on beepd™ Service(s) are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
beepd™ currently offers the beepd Smart Communicator™ in two different options, (a) beepd™ Lite, being a limited version of the beepd Smart Communicator™, offering digital contact information plus Hot Buttons accessible through the beepd™ Services (b) beepd™ Pro, being the enhanced offering of beepd™ (as selected by the Subscriber), without limitations, accessible through the beepd™ Services at a subscription rate as outlined in Service Subscriptions. The availability of features available in beepd™ Lite and beepd™ Pro are subject to changes and availability without prior notice to the Subscribers.
The paid subscription offerings of beepd™ currently include, (a) beepd™ Services at an annual rate payable by single payment and automatically recurring payment annually, as notified by beepd™. The beepd™ Smart Communicator Subscriber agrees that beepd™ may automatically charge the fee to the Payment Method at the beginning of each billing cycle on the anniversary date of the initial purchase.
Billing and Commitments
The service agreement begins the day that beepd™ makes active the beepd Smart Communicator™ for the Subscriber and continues through the length of the commitment. Service Commitments will not be required unless specifically stated at the time of sale. The standard service commitment is for a 12 month period unless otherwise differently stated in a written signed agreement. Pricing will be set for the term of the commitment based on the current publicly established rates at the time of the initial sign up unless otherwise stated in a written signed agreement. beepd™ Service(s) are a pre-paid service, meaning upon commitment to this agreement the beepd™ Subscriber will be charged for beepd™ Service(s) paying ahead for each billing cycle. The beepd™ Subscriber agrees that unless prior notice is given, at the end of the Service Commitment if applicable, the agreement will automatically renew for the length of the original commitment following the same billing cycle established at the current publicly established rates for beepd™ Service(s) at time of renewal unless differently established In a written signed contract. Prior notice shall be defined as a notice of cancellation by email or physical mail, posted 15 days before the renewal date. The beepd™ Subscriber agrees that beepd™ retains the right to initiate an early termination of the service agreement. beepd™ also retains the right to modify any existing service commitment agreements to a non-commitment agreement subject to the current publicly established prices for beepd™ Service(s) upon each billing cycle.
The beepd™ Subscriber is responsible for paying all fees and applicable taxes associated with beepd™ Service(s). beepd™ shall Issue an invoice to the beepd™ Subscriber on the acceptance of these Terms and Conditions. The beepd™ Subscriber shall be billed annually for the beepd Smart Communicator™ and beepd™ Services. The beepd Smart Communicator™ shall be activated on receipt of payment of the invoiced amount. beepd™ shall, on the anniversary of the commencement date, Issue the beepd™ Subscriber with an Invoice for the renewed period of the beepd™ Services. Should the beepd™ Subscriber fail to pay the service fee detailed in the invoice within a period of 7 days from the date of Issue, the beepd™ Services shall be terminated until such time as the amount due to beepd™ is settled In full. Unless otherwise stated, any fees charged to the beepd™ Subscriber account are non-refundable.
The beepd™ Subscriber acknowledges and agrees that any related account, billing, and payment information that is provided to beepd™ may be securely stored and shared by beepd™ with companies who work on behalf of beepd™, such as payment processors and/or credit agencies, solely for the purpose of; credit checks, payment collection, and servicing of accounts. Payment terms may be subject to additional agreements between the beepd™ Subscriber and the Financial Institution providing/servicing said Payment Method. The beepd™ Subscriber agrees to pay beepd™ all charges incurred on their account for any beepd™ Service(s) chosen by the beepd™ Subscriber or any Authorized Users of the account. The beepd™ Subscriber agrees that beepd™ cannot be held liable for any problem with the payment process or situation that may arise from a mistake that may occur with the merchant services of beepd™ or the beepd™ Subscriber’s Institution in regards to, identity theft, stolen funds or being over charged.
Payment Failure & Dispute of Charges (to be confirmed with Peach Payments)
If the beepd™ Subscriber’s Payment Method fails or the account is past due the following actions will be effected; (a) the beepd™ Subscriber by default agrees to pay all amounts due on the account upon demand and will become liable for any fees associated with the collection of the amount due. (b) beepd™ may collect fees owed using other collection mechanisms. This may include but is not limited to charging other payment methods on file. (c) beepd™ reserves the right to either suspend or terminate beepd™ Service(s). The beepd™ Subscriber agrees to submit any disputes regarding charge(s) to their account in writing to beepd™ at the email address of within thirty (30) days of said charge, otherwise such dispute will be waived and said charge will be final and not subject to challenge. Refunds, if any, made pursuant to such dispute, are at the discretion of beepd™. Payment failure may result in immediate expiration of the account and/or any related beepd™ Services. Failure to provide beepd™ with valid information at all times may result in the immediate expiration of the account and/or any related beepd Smart Communicators™.
Change in Services
If applicable, the beepd™ Subscriber may at any time during their subscription, add or increase beepd Smart Communicators™. An increase in beepd™ Service will constitute a new agreement and acceptance of the Terms and Conditions of beepd™ in addition to any previous agreement. When increasing beepd™ Services the beepd™ Subscriber’s current Payment Method will be charged the annual amount commencing a new billing cycle for the new subscription. Each beepd Smart Communicator™ has its own commitment length independent of the others, i.e. if the beepd™ Subscriber chooses to increase their beepd™ Services the added services will have a commitment length equal to the full amount specified in the subscription package.
At any time during service a beepd™ Subscriber may request an automatic cancellation of services at the end of the current billing cycle. Early cancellations on a prepaid service commitment will not constitute a refund for unused services.
The beepd Smart Communicator™ Subscriber agrees and acknowledges that beepd™ retains the right to cancel a Subscriber’s beepd Smart Communicator™ partially or in its entirety at any time for any reason or no reason at the sole discretion of beepd™.
Upon cancellation of beepd™ Service the beepd™ Subscriber will, at the discretion of beepd™, retain access to their account and all information hosted and accessible therein. beepd™ reserves the right to take offline, any and all unused accounts (accounts with no active subscriptions) at any time for any reason.
A beepd™ Subscriber’s account, including any subscriptions associated with that account, may be subject to immediate termination upon violation of these Terms and Conditions. Reasons for immediate termination include without limitation; (a) violations of copyrighted, trademarked, or otherwise protected material without express permission from the owner, (b) invalid payment information associated with the account, (c) uploading/posting of illegal or publicly inappropriate material, and (d) use of the beepd Smart Communicator™ and beepd™ Services that are in violation or contradiction of these Terms and Conditions. beepd™ reserves the right to cancel any account, including any subscriptions associated with that account, at any time with or without reason.
Upon termination, the beepd™ Subscriber will lose access and forfeit all content uploaded and/or posted to the servers of beepd™; and the beepd Smart Communicator™.
Account termination does not entitle the beepd™ Subscriber to any refunds or compensations for services unused. Refund may be given at the sole discretion of beepd™ for any reason or without reason.
beepd™ may enlist the following methods to communicate with the beepd™ Subscriber. Communication methods includes without limitation, email, sms, whatsapp, phone call, and physical mail. The beepd™ Subscriber agrees and acknowledges that beepd™ is under no obligation or requirement to make an effort to contact the beepd™ Subscriber nor is beepd™ liable for any inability to contact the beepd™ Subscriber if they have not included valid contact information on their account.
byo.beepdapp.com enables the user to create a beepd Smart Communicator™ that is hosted by beepd™. beepd™ does not approve or control a beepd™ Subscriber and does not review or monitor the beepd™ Subscriber on a regular basis. In addition, the User understands and acknowledges that their business interactions, communication, or any other types of interaction with any beepd Smart Communicator™ subscribers and any terms, conditions, warranties or representations associated with such interactions are only between them and the beepd™ Subscriber. THEREFORE, THE USER ACKNOWLEDGES AND AGREES THAT beepd™ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY beepd Smart Communicator™ Subscriber OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY beepd™ Subscriber. The hosting of a beepd Smart Communicator™ Subscriber does not imply endorsement or sponsorship by beepd™ or any association or affiliation with its operators or the content, business or operation of the beepd Smart Communicator™ subscriber. The User agrees that if they create a beepd Smart Communicator™, they may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with beepd™. THE beepd Smart Communicator™ Subscriber USES THE beepd Smart Communicator™ AND INTERACTS WITH beepd™ Subscribers AT THEIR OWN RISK. Users may not use the name, logo or other trademarks of beepd™ to imply any sponsorship, affiliation or relationship between them and beepd™ other than that beepd™ is hosting their beepd Smart Communicator™. The beepd™ Subscriber also acknowledges that if the beepd™ website or their beepd Smart Communicator ™ has interruption of service beepd™ cannot be held liable. Also, all content on the beepd™ Subscriber’s Card can be accessed by the public and if the beepd™ Subscriber wishes to keep their information private the beepd™ Subscriber is obligated to not put their information on their beepd Smart Communicator™.
To gain access to beepd™ Build Your Own, the beepd™ Subscriber will create a user account, and will be required to register a User ID and Password with beepd™. The User ID and Password may only be used by the beepd™ Subscriber or Authorized User. The beepd™ Subscriber will be liable and responsible for all activities occurring on their account and for keeping their password secure.
Authorized Users are subject to the same agreements made between beepd™ and the beepd Smart Communicator™ Subscriber. The beepd™ Subscriber is subject to charges, changes, and ramifications of actions made by Authorized Users of the beepd™ Subscriber’s beepd™ Services. The beepd™ Subscriber will be provided with a method to manage, add/remove, Authorized Users of their beepd™ Services (if applicable) and are responsible for the management of their Authorized Users.
Hosting and Urls
As part of the beepd™ Services, beepd™ offers registered beepd™ Subscribers free use of the unique url specific to their beepd Smart Communicator™ (example: byo.beepdapp.com/card/uniquenumber/ and beepd™ managed hosting of their beepd Smart Communicator™ on which the terms set forth herein for the beepd™ Subscriber. beepd™ retains all rights to said URL’s and Hosting and has the right to rename, revoke or suspend the use of any URL at any time without reason.
The beepd™ Subscriber agrees that all such URL’s are owned by beepd™, are non-transferable and that beepd™ may for any reason, or for no reason, in its sole discretion and without warning or liability to the beepd™ Subscriber or any third party, immediately terminate or suspend the beepd™ Subscriber’s account, username, and beepd Smart Communicator™ URL, and remove or discard any content associated with said account and username.
Links to Third Party Sites
beepd™ Subscriber’s accounts may contain links to third party websites, including third party text, video feeds, podcasts, offers and promotions, and software applications (including widgets) and other types of linked sites. The Linked Sites and third parties are not under the control of and/or owned by beepd™ and beepd™ is not responsible or liable for the content of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. beepd™ is not responsible or liable for any other form of communication received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. beepd™ is providing the ability to create these links only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. In conclusion any link does not imply endorsement by beepd™ of the site or any association with its operators. The beepd™ Subscriber acknowledges and agrees that beepd™ may disable their use of, or remove any third party linked sites on their beepd Smart Communicator™ if they violate these Terms and Conditions.
Also, beepd™ uses external components provided by a third party to provide some level of functionality. This functionality makes beepd™ dependent on some of the external components; or beepd™ may be completely dependent on the external component for some operations. In any case, beepd™ makes no warranties, claims, or provision for any third party components.
The beepd™ Subscriber is responsible for making any and all needed licensing arrangements with any third party external component providers that are on their beepd Smart Communicator™.
The beepd™ Subscriber and Users agree that they are responsible for the use of the beepd Smart Communicator™ and any services of beepd™. Therefore, the beepd™ Subscriber and Users, Authorized or Unauthorized, shall be held solely liable for any action using beepd™ Services that would violate any local, state, national, international laws, codes, rules, and regulations that could have legal or monetary consequences. The beepd™ Subscribers and Users whether Authorised on Unauthorised hereby indemnify beepd™ and any of its directors, employees and associates to the fullest extent in law in respect of its use of and conduct in relation to the beepd Smart Communicator™ and/or any beepd™ products he, she or it may have access to or subscribe to. The beepd™ Subscriber and Users, Authorized or Unauthorized, also agree they will use the beepd™ Services in compliance with the rules set forth in these Terms and Conditions (especially with regard to the content policy below).
As a condition of using beepd™ Services, the beepd™ Subscriber and Users, Authorized or Unauthorized, agree that they will not use the beepd Smart Communicator™ in an unlawful or prohibited way described in the Terms and Conditions. The beepd™ Subscriber and Users, Authorized or Unauthorized, agree to not copy or steal any part of the code or coding used to create beepd™ Services. Unauthorized use of any copy will merit legal repercussions. The beepd™ Subscriber and Users, Authorized or Unauthorized, agree that legal fees incurred by beepd™ due to any action taken by said persons that result in legal action having to be taken by beepd™, will be paid for by said persons.
beepd™ does not routinely monitor beepd™ Subscriber’s content and takes no responsibility for beepd™ Subscriber’s content. This includes, without limitation, any viruses or other disabling parts of their content. beepd™ only provides access to and hosts such content as a service to beepd Smart Communicators™ Subscribers. beepd™ does not endorse, support, represent or guarantee the truthfulness, security, legality, quality, accuracy, functionality, or reliability of any communications or content posted by beepd™ Subscribers or endorse any opinions expressed by beepd™ Subscribers. The User agrees that any belief in material posted on the Smart Communicator of a beepd™ Subscriber will be at their own risk.
beepd™ reserves the right at all times to disclose any information necessary to (a) appease any applicable law, regulation, legal process or governmental request, (b) carry out these Terms and Conditions, (c) find, prevent or otherwise address fraud, security or technical issues, (d) reply to User support requests or (e) protect the rights, property or safety of beepd™ and beepd Smart Communicator™ Subscribers or Users.
Managers and employees are not authorized beepd™ spokespersons, and their views do not necessarily reflect those of beepd™.
beepd™ does not wish to censor the Content of the beepd™ Subscriber and beepd™ is not obligated and does not routinely screen or monitor any user content. However it is important to understand that beepd™ reserves the right at all times to do so and to remove, block access to, or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason at its sole discretion. The beepd™ Subscriber stands and agrees that if copyright material or content is used it is their responsibility and duty to follow the laws regarding such material or content. If any consequence should occur from improper use of such copyrighted material or content it is the sole responsibility and liability of the beepd™ Subscriber. The decision by beepd™ not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.
Violations of Terms
beepd™ reserves the right to terminate access to beepd™ Build Your Own, and to remove or disable access to the beepd Smart Communicator™ at any time without notice for any reason whatsoever (or for no reason). The User and beepd Smart Communicator™ Subscriber further agree that if the Terms and Conditions are violated, that beepd™ reserves the right to cancel services or take further legal action if necessary.
The User agrees to hold harmless and indemnify beepd™ and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to their use of the beepd Smart Communicator™ and beepd™ website, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to non-binding arbitration under the rules of the Arbitration Foundation of South Africa (AFSA). There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AFSA rules. The arbitration shall take place in Sandton Johannesburg, South Africa. The arbitrator shall apply the laws of South Africa to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
This Agreement contains the final and entire agreement between the User and beepd™ Pty Ltd regarding their use of the Service and supersedes all previous and contemporaneous oral or written agreements regarding their use of the Service. beepd™ Pty Ltd may discontinue or change the Service, or the availability thereof to the User, at any time. This Agreement is personal to the User, which means that the User may not assign their rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. The User agrees that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of South Africa. The South Gauteng High Court shall have jurisdiction in respect of any action instituted in terms hereof.