Terms & Conditions

  1.    Definitions

    1. "r8em" means any online application software that is provided by or is connected with r8em that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.

      1. "Site" means collectively our website/s and the r8em.

      2. "we", "us", "our" In this user agreement, the terms below have the following meanings:.

      3. "r8em" means r8em all its affiliates and subsidiaries and any developers that r8em may employ from time to time.

      4. "website" means the internet websites with the address www.r8em.co.za or any website with a URL that is validly registered to r8em.

      5. "you" and "your" means the user of the Site and / or your legal guardian.

      6. "personal information" means information that identifies or relates specifically to you and shall include photograph images (if applicable).

  2.    Conditions of Access

    1. Your access to, and use of, the Site is always subject to the community guidelines and terms and conditions set out in this user agreement.

    2. To avoid any confusion, you agree these terms and conditions apply to your use of:

      1. the website;

      2. any r8em;

      3. any third party website or mobile application licensed to us;

        Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges, sms charges). r8em cannot be held responsible for these charges.

  3.    Your Acceptance and Consent

    1. By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.

    2. When you install or download the r8em App, you may be required to accept the terms and conditions or the end user licence agreement (collectively, an “EULA”) of a third party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that, the EULA is part of this user agreement and will apply to your use of the r8em.

    3. You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.

  4.    Changes to this User Agreement

    1. We may change the terms and conditions of this user agreement from time to time. We recommend that you familiarize yourself with this user agreement regularly.

    2. The current version of this user agreement will apply each time that you access and use the Site.

  5.    Your account

    1. If you use the Site, you must keep your access details (including, your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account. If you use more than one account we could delete all access.

    2. Once you've logged onto the site once, certain information, functionality and other features of the site will be accessible the next time you access the Site without having to re-enter your password. If you prefer to enter your password every time you access the Site, you can change the setting in the menu option.

    3. r8em may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.

    4. You agree that the following actions shall be material breaches of these terms and conditions:

      1. signing in as, or pretending to be, another person;

      2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others

      3. using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or

      4. gathering information about others without obtaining their prior written consent.

    5. You also agree that any use of your access details shall be regarded as if you were the person using such information.

    6. Please note that the user name you choose is permanent and can only be amended at r8em's discretion.

    7. r8em may determine certain requirements that you will need to meet when choosing a user name or password. These requirements may be changed from time to time and you may be required to update your credentials.

  6.    Full disclosure of all relevant facts and benefit entitlement

    1. r8em might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.

    2. You guarantee that all information provided by you at any time to r8em on or via the Site, will be true, accurate, current and correct and you undertake to update the information as and when required.

    3. You guarantee that you have fully disclosed all facts, and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.

  7.    Electronic communication and records

    1. When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.

    2. Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by r8em. This includes, but is not limited to mobile push notifications.

    3. If you are a registered user of the Website, you will receive communications from us via e-mail. If you do not want to receive e-mails from r8em, you may change the way you receive your communication on the website.

    4. r8em takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.

    5. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.

  8.    Copyright

    1. All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to r8em, unless we expressly state that it is not and is protected by South African and international law. In addition, the compilation of all content on the Site is the exclusive property of R8EM and is protected by South African and international copyright laws.

    2. Except if permitted under this or another agreement with r8em no portion of the Site may be copied or transmitted via any means available now or in the future.

    3. Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.

    4. You agree that if you breach the terms of this clause 8, r8em will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. r8em will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.

    5. Nothing on the Site should be regarded as granting any license or right to use any trademark without r8em's prior written permission and/or that of any third party.

    6. r8em tries to ensure that the most sophisticated technology protects the information on the Site. However, r8em cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.

  9.    Disclaimer

    1. The Site and all information, content, tools and materials are provided by r8em on an "as is" and "and available" basis, unless we inform you in writing.

    2. r8em does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.

    3. r8em does not guarantee that (1) the Site; (2) the information, content, tools or materials included on the Site; (3) the r8em servers; or (4) that any electronic communications sent by us are free from viruses or other harmful components. r8em will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.

    4. We are fully committed to providing you with the best possible service. However, we are not responsible for:

      1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of r8em ; or

      2. any links to other websites from the Site. You also acknowledge that we cannot control the content of or the products offered on those websites

    5. Neither will we be responsible for any direct or indirect loss or damages that may arise from:

      1. r8em tries to ensure that the most sophisticated technology protects the information on the Site. However, r8em cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.

      2. a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or put r8em in disrepute; or

      3. your reliance on any of the information, content, tools or materials that you obtain from the Site.

  10.    Indemnity

    1. You agree to fully indemnify r8em, its directors, and employees, will not hold us responsible for any claim relating to your use of the Site.

    2. You agree to fully indemnify r8em, its directors and employees from any errors or inaccuracies or incomplete information made available by third parties on the Site and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss that may arise from any disclosure to or by any third parties.

    3. You agree that all information and services or any terms or conditions relating to them, on the Site may change. r8em will notify you of the important changes within a reasonable time.

    4. All services provided on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalizing any transactions.

    5. You accept that some of the information, content or materials on the Site come from external sources, and you agree that r8em is not responsible, and will not be held liable, for any information or content, received from these external sources.

  11.    Phishing and spoofing

    1. If you receive an unsolicited e-mail that appears to be from r8em and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your r8em information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer".

    2. r8em will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to "phishing" places you and your personal information at risk. r8em cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".

  12.    Linking to third party websites

    1. The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of r8em and r8em is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.

    2. r8em provides these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by r8em of the linked website, their business or security practices, or any association with its operators.

    3. From time to time r8em may employ the services of third parties to assist with the hosting and management of certain services and aspects of the Site. We apply every effort to ensure that our sub-contractors comply with our Privacy Policy and widely accepted security standards and they will be accountable for any non-compliance.

    4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.

  13.    Applicable law

    1. By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.

  14.    General Provisions

    1. The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.

    2. If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.

    3. No failure or delay by r8em to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.

  15.    Community Guidelines

    1. You may post your personal opinions, messages and ideas to the Site and to the discussion forums available on the Site.

    2. However, you undertake not to post content to the Site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful, or which r8em regards as inappropriate, and you accept that r8em may remove this content from the Site.

    3. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content from the Site to r8em, and r8em undertakes to correct and/or remove such content or any part thereof if it feels that it is appropriate to do so.

    4. r8em does not editorially control, filter or read your postings on the Site on an ongoing basis, and you acknowledge and agree that r8em shall not be responsible, in any way, for any user postings. You also agree to indemnify r8em against any liability, claim, damage or loss of whatsoever nature that may result from your posting(s) to the Site.