Hey Jude - Terms & Conditions:
Please read these Terms and Conditions carefully before using the Hey Jude Website or App as made available by Inzone Tech Pty Ltd.
The Hey Jude website and App is owned and operated by Inzone Tech Pty Ltd (“Inzone”) a wholly owned subsidiary of PLP Group Pty Limited
The Website and the App is available only to individuals who are at least 18 years old.
Your right to access and use the Hey Jude App and the Programme is conditional on your acceptance of, and compliance with, these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Hey Jude App and/or the Programme.
1.1. The Programme (whether accessed on the Web or via the Hey Jude App) is offered as a membership based personal concierge service, including but not limited to, providing entertainment, emergency services, assistant services, lifestyle enhancement, and supplier management services.
1.2. The Programme may be provided via artificial intelligence and/or a human contact service centre and/or will be accessible via the Hey Jude App 24 hours a day, 7 days a week.
1.3. The following terms and conditions pertain to understanding and making the most of the Member’s membership benefits. These Terms and Conditions constitute an agreement between Inzone, a Licensee (if applicable) and the Member governing the rights and obligations of both parties each time the Member accesses the Programme.
1.4. By joining and accessing the Programme, the Member confirms that he/she has read, understood, and agreed to be bound by these Terms and Conditions, as they may be amended from time to time, and available on the Hey Jude App or via the Hey Jude Website.
1.5. The Hey Jude App can be downloaded at a Play Store or the App Store.
1.6 You agree that these terms and conditions apply to your use of:
1.6.1 any Hey Jude website;
1.6.2 any Hey Jude Apps;
1.6.3 any third party website or mobile application licensed to Hey Jude, Inzone (Pty)Ltd or any of its related parties.
1.7. If there is anything in the terms and conditions that requires an explanation, please email us at firstname.lastname@example.org.
In this Agreement, unless otherwise indicated by the context:
2.1. the singular shall include the plural and vice versa;
2.2. one gender shall include the other genders and vice versa;
2.3. natural persons shall include legal and juristic persons and vice versa; and
2.4. where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
3.1. “Agreement” means these Terms and Conditions read together with the Member registration for the Programme;
3.2. “Day” means a calendar day;
3.3. “Documentation” means the documents necessary for the operation, maintenance and modification of the computer programs, source codes and algorithms, including any translations or language or country specific content relevant to any market anywhere in the world that is the subject of the Inzone Software and/or the Programme;
3.4. “Hey Jude App” means the software program or source code that provides Members via a secure login with a virtual on demand and personal concierge that deals with Tasks and Transactions through a mobile device application;
3.5. “Hey Jude Partner/s” means any entity that co-brands and/or white-labels and/or uses the Inzone Software in its offering to its customers;
3.6. “Hey Jude Website” means the website at www.heyjudeapp.com;
3.7. “Intellectual Property” means the intellectual property rights in the Inzone Software and Programme and Documentation and any Updates and Upgrades to the Inzone Software or Programme or Documentation;
3.8. “Inzone” - means Inzone Tech Pty Limited (a company incorporated under the company laws of South Africa with registration number 2019/563463/07);
3.9. “Inzone Software” means the source code, object code, algorithms and other computer programs and software that comprise the Hey Jude App;
3.10. “Liability” means any liability whether in contract, tort/delict (including negligence), product liability, statute, under an indemnity or on any other basis;
3.11. “Licensee” means any entity to which Inzone grants a licence to use the Inzone Software;
3.12. “Loss” means damage, loss, cost, expense, or liability incurred by a party, whether present or future, fixed or unascertained, actual or contingent;
3.13. “Member” means any person who has enrolled in the Programme as provided in clause 4 and pays the Membership Fee or complies with any other qualification for membership that may be required by a Hey Jude Partner or Licensee, as the case may be;
3.14. “Membership Fee” means the monthly consideration that may be payable by or on behalf of the Member to Inzone or a Licensee or Hey Jude Partner for access to the Programme;
3.15. “Programme” means the programme that provides Members with on demand services or a virtual personal concierge service through the Hey Jude App that may be provided by Inzone, a Licensee, a Hey Jude Partner or a Service Provider from time to time;
3.16. “Service/s” means the services provided by Inzone or a Licensee or a Hey Jude Partner to the Members to address and/or fulfil the Tasks as may be requested from time to time by Members;
3.17. “Service Provider” means any third party with whom the Member, directly or indirectly, chooses to engage or to conduct a Transaction or a Task on the Hey Jude App;
3.18. “Task” means any inquiry or request made by a Member to Inzone or a Licensee and/or a Hey Jude Partner as provided by the Programme;
3.19. “Terms and Conditions” means the terms and conditions herein;
3.20. “Transaction” means an agreement, purchase or transaction between a Member and a Service Provider relating to the provision, delivery, supply and/or acquisition of goods or services arising from the Programme pursuant to which a commission or fee may be charged and captured by the Programme and be payable to Inzone or the Licensee;
3.21. “Updates and Upgrades” means any update, improvement, development, alteration, modification, addition, enhancement, upgrade, or fix.
4.1. The following requirements need to be complied with to enrol as a member of the Programme:
4.1.1. completing the sign-up form on the Hey Jude App;
4.1.2. paying the Membership Fee via credit or debit card to Inzone or a Licensee or Hey Jude Partner or having the Membership Fee paid on his/her behalf; and
4.1.3. providing proof of your identity.
4.2. Only individual persons from the age of 18 years and older may enrol in the Programme. A guardian may enrol a minor person not younger than 14 years of age and the terms and conditions are therefore binding on both the guardian and the minor.
4.3. Persons may only enrol in the Programme for personal use.
4.4. You may enrol as a member through Inzone, a Licensee or a Hey Jude Partner but these Terms and Conditions will always apply.
4.5. If you use the Website or the App, you must keep your access details (including, your username and password) confidential and not allow other people to use it.
4.6. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your username and password.
4.7. You are only permitted to use one account. If you use more than one account Inzone or its authorised agent can revoke all access.
4.8. Inzone or its authorised may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
4.9. You agree that the following actions shall be material breaches of these terms and conditions:
4.10. You also agree that any use of your access details shall be regarded as if you were the person using such information.
4.11. Inzone does not guarantee the operation of the Website or the App or the information, content, tools or materials on the
5. CONDITIONS OF MEMBERSHIP
5.1. The use of the Programme shall be at the Member’s own initiative and risk.
5.2. Inzone and/or a Licensee and/or a Hey Jude Partner:
5.2.1. merely provide access to the Programme;
5.2.2. make no representations, give no warranty of any kind, express or implied, regarding the suitability or performance of the Programme to the Members;
5.2.3. make no specific promises regarding the Services, their reliability, availability, or ability to meet the Member’s needs; and
5.2.4. accept no Liability of any nature, including for any Loss arising from his/her use of the Programme or the Services.
5.3. The benefits of the Programme are subject to availability, although a best effort alternative or substitute product will be investigated should availability be limited.
5.4. Service Providers are requested to participate in the Programme and neither Inzone nor a Licensee, their agents or distributors will have any Liability of any nature arising from any Service Providers that:
5.4.1. decline acceptance of any booking or other Transaction; or
5.4.2. cause any Loss by the omission or commission of any act.
5.5. Neither Inzone or a Licensee or their agents and distributors accept any responsibility, financial or otherwise, for the misuse of the Programme and will have no Liability for any Loss through the use of the Programme or the provision of goods or services by Service Providers.
5.6. The Member shall be responsible for the payment of any goods and services bought and used as a result of making use of the Programme. Further to this:
5.6.1. Transactions conducted through the Hey Jude App shall, in addition to any merchant fees, incur a 5% processing fee, and such fees will be added to any transaction at the time of purchase, but the Member shall at such time be entitled to continue the purchase inclusive of the 5% processing fee, or decline the purchase in its entirety.
5.6.2. Reversal of payments made through the Hey Jude App will be less the 5% merchant fee as well as a sundry charge of $1.00 (One United States dollar) or the equivalent thereof in the relevant country at the applicable exchange rate, which charge may be increased from time to time in accordance with clause 5.19 of these Terms and Conditions.
5.6.3. Transactions processed within the Republic of South Africa may reflect the entry ‘Hey Jude’ on Members’ bank statements.
5.6.4. Transactions processed outside of the Republic of South Africa may reflect the entry ‘Sorted Technology’ on Members’ bank statements.
5.7. Only a Member may make use of the Programme.
5.8. Membership of the Programme will be at the sole discretion of Inzone or the Licensee.
5.9. The Programme is not available to any Member previously removed from the Programme by Inzone or a Licensee.
5.10. The Member accepts that by participating in the Programme, and subject to this clause 5.10, Inzone or a Licensee may send to the Member at its sole discretion, various marketing communications and updates pertaining to the Programme. Should the Member not wish to receive these communications or updates he/she must inform Inzone or the Licensee by communicating by email to the address in clause 1.6, or by using the “opt out” link on the Hey Jude Website or Hey Jude App in which event Inzone or the Licensee, as the case may be, shall then refrain from sending them.
5.11. The Member understands and agrees that goods or services purchased from any Service Providers are governed by separate terms and conditions.
5.12. The Member may be required to pay a monthly membership fee.
5.13. Subject to any overriding provisions of any terms and conditions of a Licensee or Hey Jude Partner that offers the Programme to a Member relating to the right to membership of the Programme:
5.13.1. the Member can cancel his/her membership at any time with the Programme by creating a new request within the Hey Jude App and requesting cancellation;
5.13.2. the Member may cancel his/her membership by giving 1 (one) calendar months’ notice of his/her intention to do so;
5.13.3. if the Member cancels his/her membership, his/her recurring credit card debit order will also be cancelled;
5.13.4. If the Member cancels his/her membership within 5 (five) Business Days of applying to join the Programme, his/her Membership Fee will be refunded in full;
5.13.5. the Membership Fee will be reviewed annually by Inzone or the Licensee, as the case may be, who is entitled to determine the Membership Fee at its sole discretion. The Member will be notified of any changes to these fees 30 (thirty) days prior to such changes being effected.
5.14. Inzone or a Licensee have the right to suspend or deregister the Member from the Programme by giving him/her prior notice of 30 (thirty) days in the event of any of the following:
5.14.1. non-payment or consistent late payment of the Membership Fee;
5.14.2. abuse of the Programme by a Member;
5.14.3. in the event a Member committing any act of fraud or not complying with any of the Terms and Conditions.
5.15. Inzone and a Licensee reserve the right to change the criteria for suspension or deregistration at any time by giving the Member reasonable prior notice.
5.16. Inzone or a Licensee shall be entitled, in any case other than envisaged by clause 5.14, and at their discretion, to terminate the Programme or the Member’s access thereto at any time, and shall notify the Member of its decision by giving the Member prior notice of 30 (thirty) days.
5.17. To the extent permitted by law, neither Inzone, nor a Licensee shall have any Liability to any Member or other person claiming through him/her, nor shall either of them be liable for any Loss, expenses, claim(s) or damage, whether direct, indirect or consequential or punitive, arising from the use of the Programme, and the Member accordingly indemnifies Inzone and the Licensee against all and any Losses, expenses, claim(s) damages or Liability.
5.18. The Member hereby warrants that he/she has the required legal capacity to enter into and be bound by this Agreement, and if he/she is under the age of 18 warrants that he/she has lawfully entered into this Agreement with the assistance of his/her guardian/s.
5.19. Inzone and a Licensee reserve the right to amend the Terms and Conditions at any time on 30 (thirty) days’ notice to the Members. In such event Members have the right to cancel their Membership with no notice and no penalty should the terms of the new Terms and Conditions not be agreeable to them, provided they notify Inzone or the Licensee in writing within 30 (thirty) days of being notified of such change.
5.20. It is the responsibility of the Member to inform Inzone or the Licensee or Hey Jude Partner (as applicable) of any changes in his/her personal details.
5.21. Inzone reserves the right to change the Service Providers that provide the benefits to the Programme and the Members, based on Member usage, pricing, quality, availability of service, or for any other reason at the sole discretion of Inzone.
5.22. The Member agrees to act in good faith.
5.23. The Member consents to the transfer of personal information to a third party in a foreign country if such transfer is necessary for the performance of the contract between the Member and a Service Provider.
5.24 Transactions shall be capped at R20,000 per transaction and up to a total of R20,000 in any given calendar month (“The Cap”). Inzone shall not be required to process any transactions once The Cap is reached. Transactions beyond The Cap shall be subject to the written agreement by Inzone and shall only be processed in the event the Member has cleared funds in Inzone’s nominated bank account at such time.
6. PROGRAMME RULES
6.1. The Member agrees not to engage in any of the following prohibited activities:
6.1.1. copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping";
6.1.2. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Programme (except that Inzone and a Licensee may grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from http://heyjudeapp.com for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials);
6.1.3. transmitting spam, chain letters, or other unsolicited email, SMS, or other messages;
6.1.4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Hey Jude App and/or Programme;
6.1.5. taking any action that imposes, or may impose at the sole discretion of Inzone or a Licensee and/or a Hey Jude Partner an unreasonable or disproportionately large load on their infrastructure;
6.1.6. uploading invalid data, viruses, worms, or other software agents through the Hey Jude App;
6.1.7. collecting or harvesting any personally identifiable information, including account names, from the Hey Jude App or the Programme;
6.1.8. using the Hey Jude App or the Programme for any commercial solicitation purposes;
6.1.9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity;
6.1.10. interfering with the proper working of the Hey Jude App or the Programme;
6.1.11. accessing any content on the Hey Jude App or the Programme through any technology or means other than those provided or authorised by Inzone or a Licensee;
6.1.12. bypassing the measures Inzone or a Licensee may use to prevent or restrict access to the Hey Jude App or Programme, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
6.1.13. submitting a Task that requires an impossible, illegal, or immoral outcome or response.
6.2. Inzone or a Licensee may, without prior notice, change the Programme; stop certain features of the Programme, to an individual Member or to Members generally; or create usage limits for the Programme.
6.3. The Member agrees that he/she will not use the Hey Jude App or the Programme to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking, or any illegal hacking of any nature.
7. MOBILE SOFTWARE
7.1. Inzone, a Licensee and/or a Hey Jude Partner may make available software to access the Programme and/or third-party services via a mobile device ("Mobile Software"). To use the Mobile Software the Member must have a mobile device that is compatible with the Mobile Software.
7.2. Inzone or a Licensee does not warrant that the Mobile Software will be compatible with the Member’s mobile device. The Member may use mobile data in connection with the Mobile Software and may incur additional charges from his/her wireless provider for these services. The Member agrees that he/she is solely responsible for any such charges.
7.3. Inzone hereby grants the Member access to the Mobile Software for one Hey Jude account on one mobile device owned or leased solely by such Member, for his/her personal use.
7.4. The Member may not:
7.4.1. modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
7.4.2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
7.4.3. make any copies of the Mobile Software;
7.4.4. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software;
7.4.5. delete the copyright and other proprietary rights notices on the Mobile Software.
7.5. The Member acknowledges that Inzone may from time-to-time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that he/she is using on his/her mobile device. The Member consents to such automatic upgrading on his/her mobile device and agrees that the Terms and Conditions will apply to all such upgrades.
7.6. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license end user licence agreement, if any, authorising use of such code. The foregoing right of access to the Mobile Software is not a sale of, or license to, the Mobile Software or any copy thereof, and Inzone retains all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by the Member to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void.
8. MOBILE SOFTWARE FROM THE APP AND PLAY STORE
8.1. The following applies to any Mobile Software the Member acquires from the App Store and Play Store ("App Store and Play Store-Sourced Software"): The Member acknowledges and agrees that this Agreement is solely between him/her and Inzone, a Licensee and/or a Hey Jude Partner, not Inzone, a Licensee and/or a Hey Jude Partner, and that such parties have no responsibility for the App Store and Play Store-Sourced Software or content thereof.
8.2. The Member’s use of the App Store and Play Store-Sourced Software must comply with the App Store and Play Store terms of services. The Member acknowledges that none of Inzone, a Licensee and/or a Hey Jude Partner has any obligation whatsoever to furnish any maintenance and support services with respect to the App Store and Play Store-Sourced Software. In the event of any failure of the App Store and Play Store -Sourced Software to conform to any applicable warranty, the Member should notify the App Store and Play Store.
8.3. The Member acknowledges that none of Inzone, a licensee and/or a Hey Jude Partner is responsible for addressing any claims of the Member or any third party relating to the App Store and Play Store-Sourced Software or the Member’s possession and/or use of the App Store and Play Store-Sourced Software, including, but not limited to:
8.3.1. product liability claims;
8.3.2. any claim that the App Store and Play Store-Sourced Software fails to conform to any applicable legal or regulatory requirement;
8.3.3. claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Hey Jude as provider of the software.
8.4. The Member acknowledges that, in the event of any third-party claim that the App Store and Play Store-Sourced Software or the Member’s possession and use of the App Store and Play Store-Sourced Software infringes that third party's intellectual property rights, the App Store and Play Store, not Inzone, a Licensee and/or a Hey Jude Partner, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
9.1. The Programme allows the Member to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material on the Hey Jude App ("Content"). The Member is responsible for the Content that he/she posts, including its legality, reliability, and appropriateness. Inzone or a Licensee may review Content to determine whether it is illegal or violates Inzone’s policies, and Inzone or a Licensee may remove it or refuse to display it if it is believed to be in violation of such policies or the law. Inzone or a Licensee is not however obliged to review Content and may not do so.
9.2. By posting Content to the Hey Jude App, the Member grants to Inzone the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on the Hey Jude App and through the Programme. The Member cedes and assigns all of his/her rights to any Content he/she submits, posts, or displays on the Hey Jude App or through the Programme and he/she indemnifies Inzone, a Licensee and Hey Jude Partner against any claim that may arise therefrom.
9.3. The Member represents and warrants that:
9.3.1. the Content is his/hers (i.e., owned by him or her) or he/she has the right to use it and cede and assign it to Inzone or a Licensee; and
9.3.2. the posting of such Content on or through the Programme does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
10.1. When the Member creates an account with Inzone, a Licensee and/or a Hey Jude Partner, he/she must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of his/her account with the Programme.
10.2. The Member is responsible for safeguarding the password that he/she uses to access the Programme and for any activities or actions under his/her password, whether the password is with Inzone, a Licensee or a Hey Jude Partner.
10.3. The Member agrees not to disclose his/her password to any third party. He/she must notify Inzone or Licensee and/or the Hey Jude Partner immediately upon becoming aware of any breach of security or unauthorised use of his/her account, either on the Hey Jude App or through the Hey Jude Website.
10.4. The Member may not use as a username the name of another person or entity, or any name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
11. INTELLECTUAL PROPERTY
11.1. The Programme and its original content (excluding Content provided by users), features and functionality is and shall at all times remain the exclusive Intellectual Property of Inzone and/or their licensors, as may be the case. The website and App content, including the Hey Jude name and the Programme is protected by copyright, trademark, and other laws. Inzone and the Licensee trademarks and trade dress, trade names may not be used in connection with any product or service without the prior written consent of Inzone or the Licensee (as applicable).
11.2. These Terms and Conditions do not grant the Member or anyone else the right to use branding or logos used in the Programme or the Services.
12. LINKS TO OTHER WEBSITES
12.1. The Hey Jude App and website may contain links to third-party websites or services that are not owned or controlled by Inzone or a Licensee.
12.2. Neither Inzone nor the Licensee has control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The Member further acknowledges and agrees that none of Inzone, or a Licensee and/or a Hey Jude Partner will have any Liability, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods or services available on or through any such websites or services.
12.3. Inzone, a Licensee and/or a Hey Jude Partner strongly advise the Member to read the terms and conditions and privacy policies of any third-party websites or services that the Member visits.
13. FAIR USAGE
13.1. Inzone, Licensees and/or Hey Jude Partners want all Members to obtain access to on demand services by submitting Tasks, and to ensure they always provide value for their subscription, they provide this assistance on a fair usage basis, call a Fair Usage Policy.
13.2. This Fair Usage Policy is designed to separate personal requests (“Legitimate Use”) from business or professional or semi- professional requests (for which “Hey Jude Pro” is designed) and is designed to assist in preventing fraud and abuse of the Programme.
13.4. The Programme is for Legitimate Use only in accordance with the Terms and Conditions and shall not be used for business purposes.
13.5. If the Member is a high frequency user or needs a business to access the Programme or is doing research or projects that require high or regular use of the Hey Jude Programme, then the Member may be required to be a Hey Jude Pro subscriber.
13.6. The following is a non-exhaustive list of practices that would indicate that the Member should be a Hey Jude Pro subscriber:
13.8. Where reasonable, Inzone or a Licensee will provide the Member with notice of his/her category of usage before the suspension or termination of the Member’s subscription and, if appropriate, Inzone or a Licensee may offer the Member the Hey Jude Pro Service if it is required.
13.9. In determining whether the Member is a Legitimate Use personal user or a Hey Jude Pro user Inzone or the Licensee reserves the right to take any Task activity into account in making such determination and such determination shall be final.
13.10. All terms and conditions of usage for Hey Jude Pro subscribers are the same as the normal membership save that Hey Jude Pro membership is charged as per the prices on the Hey Jude Website.
13.11. The Member can upgrade or downgrade your Membership at any time subject at all times to the full payment of 1 month’s membership to Hey Jude Pro at the prescribed fee for a minimum period of 1 month.
14. LIMITATION OF LIABILITY
14.1. The information contained on the website and the App is given for general information and interest purposes only.
14.2. Whilst Inzone tries to ensure the information contained on the website and or the App is accurate and up to date, it shall not be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further independent advice or seek further guidance before taking any action based on the information contained on this website or the App.
14.3. Inzone, its agents, directors, representatives and employees‘ liability to you as explained herein remains unaffected by this.
14.4. We do not accept any liability for any acts or omissions resulting from your decision or opinion formed on the basis of your use of the website or App.
14.5. Use of the website or the app is at your sole risk.
14.6. Neither Inzone nor a Licensee nor any of its representatives accepts any Liability of any nature for any Loss for any reason; and
14.1.2. in no event shall Inzone or a Licensee, or their directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) the Member’s access to or use of or inability to access the Hey Jude App or to use the Programme;
(ii) any conduct or content of any third party on the Programme;
(iii) any content obtained from the Programme;
(iv) any engagement or Transaction conducted between a Member and any Service Provider; or
(v) unauthorised access, use or alteration of the Member’s transmissions or content, whether based on warranty, contract, delict (including negligence) or any other legal theory, whether or not Inzone, a Licensee and/or a Hey Jude Partner has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed in its essential purpose.
14.2. The Member hereby indemnifies Inzone, Licensees and/or Hey Jude Partners and agrees to keep them indemnified against all and any claims of any nature herein.
14.3. If the Programme and/or the Services are used on behalf of a business, that business also accepts these Terms and Conditions and it holds harmless and indemnifies Inzone and a Licensee and its affiliates, directors, employees, and agents from any claim arising from or related to the use of the Programme or the Services or the violation of these terms.
14.4. To the extent permitted by law, and in the event that Inzone or a Licensee incurs a Liability, its liability, including for any implied warranties, is limited to the most recent amount that the Member paid for one month’s Membership Fees.
14.5. Inzone accepts no liability of any nature or for any reason for any Transactions conducted by Members using the Hey Jude App or that of any Licensee or the Programme and or the Services, and the Member hereby indemnifies Inzone against all and any claims therein.
15.1. Use of the Programmes and or the Service/s is at the Member’s sole risk. The Programme and the Service/s are provided on an "AS IS" and "AS AVAILABLE" basis. The Programme is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or performance.
15.2 Inzone, Licensees and/or Hey Jude Partners, their subsidiaries, affiliates, and/or their licensors provide no warranty that:
a) any Service Provider shall be fit for purpose;
b) the Programme will function uninterrupted, secure, or available at any particular time or location;
c) any errors or defects will be corrected;
d) the Hey Jude App is free of viruses or other harmful components; or
e) the results of using the Programme will meet the Member’s requirements.
16.2. Information Collection: Inzone or a Licensee may gather information related to the use of the Programme. This information may include personal private data. Inzone or a Licensee may use this information to provide the Services and share this information with others, improve their products, track geographical data, or enforce the terms of this Agreement. Inzone or a Licensee may disclose the collected information if required or permitted by law, or in response to a subpoena or other legal process. In order to promote awareness, detection, and prevention of Internet security risks, Inzone or a Licensee may share certain information with research organisations and other vendors.
16.3. Opt-Out: The Member agrees that Inzone or a Licensee may communicate with him/her via email and any similar technology for any purpose relating to the Programme. Inzone or a Licensee occasionally send out informational emails about their products and services. The Member may ‘opt-out’ of receiving information not directly related to the Hey Jude App he/she has installed or are using by emailing email@example.com. If the Member does not opt out, then his/her acceptance of this Agreement will constitute his/her affirmative consent to receiving marketing and promotional material from Inzone or a Licensee and their affiliates.
17.1. These Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of South Africa, such as the Protection of Personal Information Act, No 4 of 2013; Regulation of Interception of Communications (RIC) Act 70 of 2002 for purposes of which you hereby provide us with permission in terms of Section 4(1) of the Act to intercept any communication by accepting these terms and conditions and using the Hey Jude website and App you agree to the writing requirements imposed by the Act.; the Electronic Communications and Transactions (ECT) Act 25 of 2002 in terms of which Section 21 of the Act requires from us to reach agreement as to the transmission of data messages and by using the Hey Jude website and App you agree that such agreement is concluded in Johannesburg South Africa and that data messages addressed by you, can only be deemed to have been received by us if we have responded to it. An automated response, generated by our systems shall not constitute a response to you. You agree that data messages sent to us from a computer, IP address or mobile device normally used by you, was sent, or authorised to be sent by you personally.
17.2. If the Member resides in a country that will not apply the laws of South Africa, then at Inzone’s sole election the laws of the Member’s primary residence will apply to these Terms and Conditions.
17.3. Any disputes shall be adjudicated by the courts in the Republic of South Africa, or at the sole election of Inzone or a Licensee with Inzones approval , any other country or territory that has jurisdiction in respect of any dispute;
17.4. These Terms and Conditions do not create any third-party beneficiary rights unless specifically stated.
17.5. The failure of Inzone or a Licensee to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.
17.6. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.
17.7. These Terms and Conditions constitute the entire agreement between Inzone and/or a Licensee and the Member regarding the Programme and supersede and replace any prior agreements they might have with him/her regarding the Programme.
18.1. Inzone, a Licensee and/or a Hey Jude Partner reserve the right, at their sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, they will try to provide at least 30 days’ notice prior to any new terms taking effect. Any matter that may constitute a material change will be determined at the sole discretion of Inzone, the Licensee and/or the Hey Jude Partner.
18.2. By continuing to access or use the Hey Jude App and/or the Programme after those revisions become effective, the Member agrees to be bound by the revised terms. If the Member does not agree to the new terms, he/she stop using the Hey Jude App and the Programme and cancel his/her Membership.
18.3. Inzone, a Licensee and/or a Hey Jude Partner reserve the right at all times without notice to conduct Updates and Upgrades of the Inzone Software and/or the Programme.
19. CONTACT US
If the Member has any questions about these Terms and conditions or any other queries, he/she can contact Inzone at firstname.lastname@example.org