(general terms relating to the use of CABS and the provision of goods or services) Version number: 1.0
Thank you for visiting the CABS platform (or hosted application) that allows CABS and CABS Clients, to connect with Artistes, Agents and their clients.. These Terms are the general terms of the relationship between CABS and User. These Terms cover the use of CABS. By visiting, signing up on or logging in to CABS, each User accepts and agrees to these Terms. These Terms also cover any transactions (including any transaction carried out electronically using a computer or network, or in person) where CABS provides to User who receives Services. The commercial terms of any transaction between CABS and User will be contained in an Order that will incorporate these Terms. The Order will prevail if there is a conflict of meaning. Nothing in these Terms obligates either party to enter into any Orders.
DEFINITIONS AND INTERPRETATION
Definitions. For purposes of the Agreement:
“Artistes” means artistes registered by their respective agents on the Platform who will be contracted by CABS Clients through their agents to fulfil Roles.;
“Agent” means a User who registers on the CABS platform to run their businesses;
“Affiliate” means any parent company, subsidiaries, joint ventures, or other companies under a common control;
"Agreement" means the agreement between CABS and User, consisting of these Terms and any Orders the parties enter into;
“CABS” means 2020 CC a Closed Corporation duly registered under South African Law trading as CABS Complete Artiste Booking System.
“CABS Client” means a User who registers on the Platform who will contract Artistes through their Agents using the Platform to fulfil Roles;
“Content” means any content added to the Platform. Content includes photos, images, audio files, text, files, listings, postings, messages, or other materials;
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
“EULA” means an end user license agreement;
“Order” means a services order agreed to and signed by a User and CABS describing the specific Services to be provided by CABS to a User;
“Platform” means www.cabssystem.com and www.searchcabs.com, a platform (or hosted application) that allows Agents to manage their artistes and clients CABS Client connect with Artistes and Agents., including:
- all content, services, applications or apps available through the Platform; and
- any other marketing material of CABS;
“Roles” means a role in an event posted on the Platform by a CABS Client;
“Services” means any services CABS provides to User
“Sign” means the handwritten signature or advanced electronic signature of the duly authorised representative of a party;
“Signature Date” means the date of signature by the party signing last;
"Terms" means these terms, consisting of:
- any other relevant specific terms, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of CABS or any specific Services);
“User” or “you” means a natural person who registers on the Platform and has a unique login and a private password. A User can play different roles on CABS. For example, an employee of a CABS Client, or an Agent;
“Writing” means any mode of reproducing information or data in a physical form and includes hard copy printouts, handwritten documents, fax transmissions, but excludes information or data in electronic form.
Interpretation. A word defined or assigned a meaning in the Agreement will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Agreement. Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Agreement will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time. A reference to a person includes a natural and juristic person and a reference to either party includes the party’s successors or permitted assigns. Unless otherwise stated in the Agreement, when any number of days is prescribed in the Agreement the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. GMT +2 will be used to calculate any times.
These Terms commence on acceptance and continue until terminated.
USE OF CABS
License to use the Platform. CABS grant each User a limited, revocable license to use the Platform subject to the Agreement. Any person wishing to use the Platform contrary to the Agreement must obtain CABS’s prior written consent.
Policies. CABS may establish general policies and limits concerning the use of the Platform. CABS may log off, deactivate, or delete any User account.
Support and performance. Each User is responsible for maintaining its Content, including correcting any faults. To enable a great experience for each User on the Platform, each User must ensure that its use of the Platform does not unduly degrade the performance of Platform, including exceeding the quotas and limitations set by CABS. If this happens, CABS may suspend your use of CABS.
CABS Framing. No person, business, or web site may frame the Platform or any of the pages on the Platform.
Linking. A person, business, or web site may link to the Platform only by linking to the home pages www.cabssystem.com and www.searchcabs.com of the Platform. CABS prohibits User from “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of User by CABS or suggests User is the owner of any intellectual property belonging to CABS.
Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from the Platform.
MODIFICATION, SUSPENSION AND DISCONTINUATION OF SERVICES
Modify. CABS may modify, the Platform or any Services (with or without notice) and will not be liable.
Suspend and Discontinue. CABS may modify, the Platform or any Services on two months notice, and will not be liable if User fails to take appropriate action.
Passwords and Security. Only a registered User can use the Platform. Each User is responsible for keeping their password secure. Each User is solely responsible and liable for activities that occur under their account. User authorises CABS to act on any instruction given under User’s account, even if it transpires that someone else has defrauded both CABS and User unless User has notified CABS prior to CABS acting on a fraudulent instruction.
Users. User accounts registered by bots or other automated methods are not permitted. Each User must provide their full legal name, a valid email address, and any other information requested in order to complete the registration process. One person may only use each User’s login - CABS does not permit multiple people to share a login.
Cancellation of User Account. Users can cancel their account at any time.
Relationship between Users is independent. The relationship between any Agents Client, Agent and Artiste is between them and is independent of CABS. The relationship may include the delivery of goods or services, and any other associated terms, conditions, warranties or representations.
Release. Each Users releases CABS (and its affiliates, officers, employees, agents and successors) from any claims, demands, and damages regarding any disputes between any Users.
Third party terms. If third party supplies or delivers any goods or services directly to a User, third party terms or conditions may apply. Each User is solely responsible to ensure they understand and agree to those terms.
CAPACITY OF CUSTOMER
Each User represents and warrants that User:
- is old enough under applicable law to enter into the Agreement;
- is legally capable of concluding any transaction;
- possesses the legal right, full power, and authority to enter into the Agreement;
- is authorised to use the password required for any account; and
will submit true, accurate and correct information to the Platforto the
ser is younger than 18 years of age, User warrants that User has the consent of its legal guardian to enter into the Agreement or that User has
Provision. CABS will provide the Services to User.
Sales representatives. No sales representatives of CABS has the authority to bind CABS and no representation, warranty or any other statements made or given by any sales representative of CABS will be binding on CABS, unless given in Writing and Signed by a duly authorised representative of CABS.
ACCEPTABLE USE AND CONDUCT
Responsibility. Each User is responsible for its conduct and Content on the Platform. Each User must ensure that its users have the correct permissions to act on the Platform.
Prohibited conduct. Nothing may be unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harm minors in any way. Do not harass, stalk, degrade, intimidate, or be hateful toward an individual or group of individuals. No User may impersonate any person, falsely state, or otherwise misrepresent its affiliation with any person. Nothing may be false, deceptive, misleading, deceitful, or constitute “bait and switch”. Do not infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party. Any chain letter, pyramid scheme, or advertisement that is prohibited by law, is prohibited on the Platform. The advertising and provision of any illegal service or the sale of any goods that are prohibited or restricted by applicable law are prohibited. Malware or badware is prohibited. Do not negatively affect the ability of any other User to use the Platform. Do not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Platform. No User may impose an unreasonable or disproportionately large load on CABS's infrastructure. Do not attempt to gain unauthorised access to the Platform or engage in any activity that disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of the Platform.
Ownership. Except as provided to the contrary in the Agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of CABS are the sole property of or will vest in CABS or a third party licensor. All moral rights are reserved.
Trademarks. CABS’s logo and sub-logos, marks, and trade names are the trademarks of CABS and no person may use them without permission. Any other trademark or trade name that may appear on the Platform or other marketing material ofCABS is the property of its respective owner. User Content. Except as provided to the contrary, all intellectual property rights in Content uploaded by Users will remain vested in the lawful intellectual property owner. Users give CABS a perpetual, worldwide licence to display, modify and distribute the Content to the extent necessary to fulfil its obligations in terms of this Agreement.
Restrictions. Except as expressly permitted under the Agreement, CABS may not be:
- modified, distributed, or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- decompiled, reverse engineered, or copied; or
- reproduced, transferred, or distributed.
Sufficient rights. No User may provide Content for which it does not have sufficient rights.
Copyright infringement by a User. Each User must promptly address any written notice to it that its Content infringes the copyrights or other rights of another person. If a User does not promptly remove or change the infringing element of the Content specified in the notice, CABS may remove the Content without any liability to any User.
Prosecution. All violations of proprietary rights or the Agreement will be prosecuted to the fullest extent permissible under applicable law.
DISCLAIMER OF WARRANTIES
Disclaimer. Use of the Platform is at the sole responsibility and risk of each User. The Platform is provided on an “as is” and “as available” basis. Except for the warranties given in the Agreement, CABS expressly disclaims all representations, warranties, or conditions of any kind, whether express or implied.
CABS does not warrant that the Platform will meet the requirements of any User or be uninterrupted, be legally effective or complete, timely, secure, error-free or free from infection by malicious software. Each User should keep up-to-date security software on the systems used to access the Platform.
Each User agrees to indemnify, defend, and hold harmless CABS (and its subsidiaries, Affiliates, officers, agents, co-branders or other partners, and employees) from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to its use of the Platform.
LIMITATION OF LIABILITY
Correct faults. CABS will correct any fault in the Platform where possible and as soon as reasonably practical and this is its entire liability regarding any fault in the Platform. If this clause is held inapplicable or unenforceable, then the following clause will apply.
Direct damages limited. To the extent permitted by applicable law, regardless of the form (whether in contract, tort, or any other legal theory) in which any legal action may be brought, CABS’s maximum liability to a User for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid by the User to CABS for the Services related to the claim. The aggregate amounts for all claims will not be greater than the maximum amount.
Indirect damages excluded. To the extent permitted by applicable law, in no event will CABS (or its personnel) be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from the Agreement.
Other web site, goods, or services. CABS is not liable for any other web site, goods, or service provided by any third party.
Discontinue CABS. The Agreement will automatically terminate if CABS discontinues the Platform.Breach. If a User:
- ommits a breach of the Agreement;
- repeatedly infringes the copyrights or other rights of others;
- fails to pay any amount due and fails to remedy the breach within 2 calendar days of having been called on in writing or email to do so;
- effects or attempts to effect a compromise or composition with its creditors; or
- is provisionally or finally liquidated or placed under judicial management;
User agrees that CABS may, to the extent permitted by applicable law and without prejudice to its rights in the Agreement or in law, deactivate or delete the User’s account, terminate access to or use of CABS, claim specific performance of the Agreement, or cancel the Agreement immediately on written notice and claim damages from User (including, any claim for any Fees already due).
Effects of termination. On the deactivation or deletion of a User’s account, the Agreement will terminate and access rights will immediately cease to exist. On termination, cancellation or expiry of any Order all amounts due to CABS for Services rendered or Goods ordered prior to termination will become due and payable even if CABS has not invoiced them. User may not withhold the amounts for any reason, unless the arbitrator directs otherwise. The termination, cancellation, or expiry of an Order will not affect the enforceability of the terms that are intended to operate after expiry or termination.
Export of Data. CABS will upon termination provide an export of the Users Content.
Forum. Any claims by CABS against a User for injunctive or equitable relief or regarding intellectual property rights may be brought in any competent court without the posting of a bond. The parties will, in the first instance, refer any other dispute arising between CABS and a User to the User Relationship Department of CABS, which will use its best endeavours to resolve the dispute. If the parties are unable to resolve a dispute, the dispute will be finally resolved by expedited arbitration in accordance with the dispute resolution procedures and rules http://www.arbitration.co.za/downloads/Clauses.pdfof the Arbitration Foundation of Southern Africa in the city where CABS has its head office in English.
Statute of limitations. Any claim or cause of action by a User arising out of or related to the Agreement must (regardless of any statute or law to the contrary) be filed within 12 calendar months after the claim or cause of action arose or be forever barred.
Collection proceedings. CABS retains the right to institute collection proceedings in a court of law of competent jurisdiction for matters involving outstanding payment.
NOTICES AND DOMICILE
Notices. All notices, authorisations, disclosures, acknowledgements, and requests must be sent by hand, prepaid registered post, courier, facsimile, or electronic mail to the addresses and numbers provided on CABS. By providing contact information, each party consents to its use for administering the relationship by the other party and other third parties that help a party administer the relationship.Domicile. Each party chooses its addresses and numbers provided on CABS as its domicilium citandi et executandi (its domicile for being served summons and execution levied) for all purposes.
Change of addresses and numbers. Each party may change the addresses and numbers provided on CABS.
Deemed Delivery. Notice will be deemed delivered on the date shown on the by hand, prepaid registered post, courier, facsimile or electronic mail confirmation of delivery.
Notice actually received. If a notice is actually received by a party, adequate notice will have been given.
CIRCUMSTANCES BEYOND CONTROL
No party will be responsible for any breach of the Agreement caused by circumstances beyond its control, including any breakdown or failure of power supply, the Internet, any telecommunications systems, or any computer hardware or software.
CESSION AND ASSIGNMENT
No User may delegate its duties under the Agreement or assign its rights under the Agreement, in whole or in part. CABS may assign the Agreement to any successor or purchaser of its business or some of its assets.
Entire Agreement. The Agreement constitutes the entire agreement between the parties in respect of the subject matter of the Agreement.
Changes. The Agreement may be changed at any time by CABS and where this affects the rights and obligations of a User, CABS will notify the User of any changes by placing a notice in a prominent place on CABS (or by email). If a User does not agree with the change the User should stop using CABS. If a User continues to use CABS following notification of a change to the Agreement, the changed terms will apply to the User.
Fact related to CABS. A certificate, signed by an administrator of CABS, of any fact related to CABS (including the version of the Terms that governs a particular Order or dispute and what content was published or functionality was available on CABS at a specific point in time) will be conclusive irrefutable proof of the correctness of the certificate’s contents.
Waiver. No granting of time or forbearance will be, or be deemed to be, a waiver of the Agreement and no waiver of any breach will operate as a waiver of any continuing or subsequent breach.
Severability. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the Agreement will have full force and effect, provided the severance does not alter the nature of the Agreement.
Governing Law and jurisdiction. The Agreement is governed by and must be interpreted under the laws of the Republic of South Africa and User agrees to submit to the exclusive jurisdiction of the South African courts.
Right to reference. Each User consents to CABS using its name in any marketing or sales material.
© Copyright 2007-2011 Lematics (Pty) Ltd. All rights reserved. A legal solution provided by Michalsons (www.Michalsons.co.za)