INTRODUCTION AND CONTRACTUAL RELATIONSHIP

 

“Trashbox” is a service provided by Trashbox (Pty) Ltd (hereinafter “Trashbox”, “we”, “our” or “us”), a private limited liability company established in South Africa, having its registered office at 37A Du Plessis Avenue, Langenhoven Park, Bloemfontein, 9301, duly registered with the Companies and Intellectual Property Commission (hereinafter the “CIPC”) of the Republic of South Africa, under registration number 2021/603096/07. The access, view or use by you, an individual, from within any country in the world (excluding Mainland China [where applicable]) of our mobile applications (hereafter the “App”), websites, content, interactive features, products, system services, other digital content and services (collectively, the “Service” or “Services”) is subject to these Terms of Service contained in this document (hereinafter “Trashbox Terms”) and the Collection Services Agreement [PM1] (hereinafter “Collection Services”) (together referred to as the “Terms”). Should there be any conflict between the Trashbox Terms and the Collection Services, the Trashbox Terms shall prevail.  By using the Service, you acknowledge and accept the Service's Privacy Policy[PM2]  and consent to the collection and use of your data in accordance with our Privacy Policy.

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PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access, view and use of the Services constitutes your agreement to be bound by these Terms, which establishes a lawful and binding contractual relationship between you and Trashbox. If you do not agree to these Terms, you may not access or use the Services offered on the Trashbox App. These Terms expressly supersede prior agreements or arrangements with you. Trashbox may immediately terminate or suspend these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

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By accessing or using our Services in any way you are agreeing to comply with these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively "Additional Terms"). The Additional terms may apply to certain Collection Services, such as a particular event, activity or promotion, and such Additional Terms will be disclosed to you in connection with the applicable Services. Additional Terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Additional Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

The business realities associated with operating the Services are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you.

Trashbox and its affiliates provide the Services to you subject to the following notices, terms, and conditions.

 

2.  UPDATES TO THE TERMS

 

Trashbox may amend the Terms related to the Services from time to time. AS OUR SERVICES EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICES UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OR CONTINUED ACCESS OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR CONSENT AND GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.

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3.   THE COLLECTION SERVICES

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The Services constitute a technology platform that enables users of Trashbox’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule collection and/or logistics services with independent third party providers of such services, including independent third party transport providers and independent third party logistics providers under agreement with Trashbox or certain of Trashbox’s affiliates (“Third Party Providers”). Unless otherwise agreed by Trashbox in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT TRASHBOX DOES NOT PROVIDE COLLECTION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH COLLECTIONS, TRANSPORT AND/OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TRASHBOX OR ANY OF ITS AFFILIATES.

 

4.  CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS

 

A.  Content

      

The Services contain a variety of:

 

i)             materials and other items relating to the App, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Services, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code);

 

ii)            trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Trashbox, including, without limitation, the App ( "Trademarks"); and

 

iii)           other forms of intellectual property (all of the foregoing including Trademarks, collectively, "Content").

 

B. Ownership

 

The owner of the Services (including past, present, and future versions) and the Content is Trashbox. All right, title, and interest in and to the Content available via the Services is the property of Trashbox and may be protected by South African and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Trashbox owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. The Content may not be copied or used, in whole, partial, or modified form, without the prior written permission of Trashbox or, if applicable, its licensor or affiliate. You may not use any meta tags or any other "hidden text" utilizing a Trashbox name, trademark, or product name without Trashbox’s express written consent. Accordignly, the Services and all rights therein are and shall remain Trashbox’s property or the property of Trashbox’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Trashbox’s company names, logos, product and service names, trademarks or services marks or those of Trashbox’s licensors.

 

C. Limited License to Content

Subject to your strict compliance with these Terms and any Additional terms, Trashbox grants you a limited, non-exclusive, non-sublicensable, non-sharable, revocable, non-transferrable license to:

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i)             download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for your personal, non-commercial use only;

 

ii)            access, view and use the Applications on your personal device solely in connection with your use of the Services; and

 

iii)           access, view and use any content, information and related materials that may be made available through the Services (including the software in connection with the Services), in each case solely for your personal, non-commercial use to the Services in accordance with these Terms. Any rights not expressly granted herein are reserved by Trashbox and Trashbox’s licensors.

              The foregoing limited license:

 

i)            does not give you any ownership of, or any other intellectual property interest in, any Content, and

 

ii)           may be immediately suspended or terminated for any reason, in Trashbox’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

 

D. Content use and Restrictions

You agree to the App and Services in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the App. In connection with your use of the App and the Services, you:

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i)            you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;

 

ii)            you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout);

 

iii)           you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content;

 

iv)          you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands;

 

v)           you will not make any modifications to such Content;

 

vi)          you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Trashbox or, in the case of Content from a licensor, the owner of the Content;

 

vii)          you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

 

viii)         you will not decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;

 

ix)           you will not link to, mirror or frame any portion of the Services;

 

x)           you will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

 

xi)          you will not attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;

 

xii)         you will not engage in any harassing, threatening, intimidating, predatory or stalking conduct;

 

xiii)        you will not impersonate another person or log into an account which you are not authorised to access;

 

xiv)        you will not use or attempt to use another user’s account without authorisation from that user and Trashbox;

 

xv)         you will not use the App in any manner that could interfere with, disrupt, or impair the functioning of the App and the Services in any manner, including with respect to Trashbox’s network or network security;

 

xvi)        you will not interfere or attempt to interfere with service or any other user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited communications, promotions or advertisements;

 

xvii)       you will not reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App; and

 

xviii)       you will not develop or use any third party applications that interact with the App or Services without prior written consent, including any scripts designed to scrape or extract data from the App.

 

E. Rights of Others

 

When using the Services, you must respect the intellectual property and other rights of Trashbox and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 9 below.

 

F. Provision of Service and content

 

You acknowledge that portions of the Services may be made available under Trashbox’s various brands or request options associated with collection or logistics, including the transportation request brands currently referred to as “Trashbox,” logistics request brands currently referred to as “TrashboxWASTE”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Trashbox’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including collection network company drivers, collection charter permit holders or holders of similar transportation permits, authorizations or licenses.

 

G. Reservation Of All Rights Not Granted As To The Content And Service

 

These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Trahsbox and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

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5. LINKS

 

A. Links to other sites

 

Our Services may link to sites not maintained or related to the App. We provide these links as a service to our users. We do not sponsor or endorse these other sites and we have not reviewed the other sites. We are not responsible for the content of any other sites. You may access those other sites through the links at your own risk. These Terms and our Privacy Policy do not apply to other sites. Please review the terms and conditions and privacy policy for any other site that you may visit through a link on our Service. Such other sites may have Terms and/or privacy policies that differ from that of the App, and the other sites may provide less security than our Service. Trashbox disclaims all liability in connection therewith.

 

B. Links by You to the Services

 

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Trashbox or cause any other confusion, and (c) the links and the content on your website do not portray Trashbox or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Trashbox. Trashbox reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

 

C.   Dealings with Third Parties

 

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via linked services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Trashbox disclaims all liability in connection therewith.

 

Accordingly, the Services may be made available or accessed in connection with third party services and content (including advertising) that Trashbox does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Trashbox does not endorse such third party services and content and in no event shall Trashbox be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

6. PRIVACY POLICY

 

We know your personal information is important to you, so it’s important for us. The privacy of the users is in line with the Protection of Personal Information Act 4 of 2013 and any other applicable legislation. Therefore, our collection and use of personal information in connection with the Services is as provided in Trashbox’s Privacy Policy located at https://www.Trashbox.com/privacy/notice, which details how your information is used when you use our services. Trashbox may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

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7. AUTHORITY AND YOUR USE OF THE COLLECTION SERVICES

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User Accounts

In order to use most aspects of the Collection Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Trashbox certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Trashbox’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Trashbox in writing, you may only possess one Account.

 

User Requirements and Conduct

The Services is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive collection or logistics services from Third Party Providers unless they are authorized by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no collection of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

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Our Services is intended for use by our customers in the South Africa. Our Service is not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.

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The Content contained on the Services and the Terms, policies, and descriptions that appear on the Services are subject to change. You accept sole responsibility for your use of the Services. Your use of the Services is limited to the intended functions of the Service. Unauthorized use of the Services, or systems, including, but not limited to, unauthorized entry into Trashbox's systems or misuse of any information posted on the Services, is strictly prohibited. You may not use the Services in a manner that:

 

(a)          violates the rights of any other party (including, but not limited to, rights of publicity or other proprietary rights);

 

(b)          is unlawful, fraudulent, or deceptive;

 

(c)          uses technology or other means to access content or systems of Trashbox in a manner that is not authorized by Trashbox;

 

(d)          uses or launches any automated system, including, without limitation, "robots," "spiders," or "offline readers," to access content or systems of Trashbox;

 

(e)          attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

 

(f)           attempts to gain unauthorized access to Trashbox’s computer network or user accounts;

 

(g)          encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

 

(h)          violates these Terms or any other Trashbox App policies;

 

(i)           attempts to damage, disable, overburden, or impair Trashbox’s servers or networks;

 

(j)            seeks to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Trashbox;

 

(k)           reverse engineers, decompiles, disassembles, reverse assembles, or modifies any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service;

 

(l)             interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Trashbox, or other users of the Service;

 

(m)          interferes with or circumvents any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content (defined below);

 

(n)           harvests or otherwise collects or stores any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent Trashbox and such users);

 

(o)           fails to comply with these Terms, any Additional Terms or applicable third-party terms; or

 

(p)           is otherwise objectionable as determined in Trashbox’s sole discretion.

 

 

 

E-mail Messaging

By creating an Account, you agree that the Services may send you e-mail messages as part of the normal business operation of your use of the Services. You may opt-out of receiving e-mail messages from Trashbox at any time by e-mailing user@trashbox.app. You acknowledge that opting out of receiving e-mail messages may impact your use of the Services.

 

Promotional Codes

Trashbox may, in Trashbox’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Trashbox establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Trashbox; (iii) may be disabled by Trashbox at any time for any reason without liability to Trashbox; (iv) may only be used pursuant to the specific terms that Trashbox establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Trashbox reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Trashbox determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

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User Provided Content. (POPI)

Trashbox may, in Trashbox’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Trashbox through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Trashbox, you grant Trashbox a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Trashbox’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

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You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Trashbox the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Trashbox’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Trashbox in its sole discretion, whether or not such material may be protected by law. Trashbox may, but shall not be obligated to, review, monitor, or remove User Content, at Trashbox’s sole discretion and at any time and for any reason, without notice to you.

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Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Trashbox does not guarantee that the Trashbox App, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

8. REGISTRATION, PASSWORD AND SECURITY

 

Whenever you provide us information on our Services, you agree to:

 

a)          provide true, accurate, current, and complete information; and

 

b)          maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, Trashbox may without notice suspend or terminate your access to our Services and refuse any and all current or future use of our Services (or any portion thereof).

 

In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for a user account through our registration process that we make available through the Service (and purchase a subscription as described in Section 7 above). The Service's practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy . If any portion of our Service requires you to register or open an account you may also be asked to choose a password and a username. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion;

 

(i)           You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete;

 

(ii)          You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;

 

(iii)         You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password;

 

(iv)         You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and

 

(v)          You will not sell, transfer, or assign your account or any account rights. Without limiting any rights which Trashbox may otherwise have, Trashbox reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Service and your account, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Trashbox may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Trashbox be held liable to you for any liabilities or damages resulting from or arising out of:

 

a.           any action or inaction of Trashbox under this provision,

 

b.          any compromise of the confidentiality of your account or password, or

 

c.           any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.

 

The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Service is invulnerable to all security breaches, and that Trashbox makes no warranty, guarantee, or representation that use of any of our Service is protected from viruses, security threats, or other vulnerabilities.

 

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

 

9. COPYRIGHT  AND COPYRIGHT COMPLAINTS

 

The license does not include any right to, and you will not a) sell, resell or commercially use the App or Services; b) copy, reproduce, distribute, publicity, perform or public display the App or Services; c) modify the App or Trashbox Services, remove any propriety rights notice or marking, or otherwise make any derivative uses of the App or Trashbox Services; d) use any data mining, robots or similar dating gathering or extraction methods on the App; and e) use the App or Trashbox Services other than of their intended purpose.

 

The App is protected by the copyright laws of the Republic of South Africa, international treaties and conventions, and other laws, and Trashbox retains all right, title and interest in and to the App, including all intellectual property rights associated with the App, except as expressly granted above, you have no intellectual property rights in the App (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features) and Trashbox reserves all rights not expressly granted to you.

 

A.  The Copyright Act No. 98 of 1978.

 

Trashbox will respond appropriately to notices of alleged copyright infringement that comply with the Copyright Act No. 98 of 1978. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice (i.e. letter of demand) that includes all necessary and relevant information in order to ascertain the alleged copyright infringement, which includes:

 

i)            a legend or subject line that says: "Copyright Infringement Notice";

 

ii)           a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

 

iii)          a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);

 

iv)          your full name, address, telephone number and email address;

 

v)           a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

 

vi)          a declaration by you, duly commissioned,  that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

 

vii)         your electronic or physical signature.

 

Claims of copyright infringement should be sent to Trashbox’s designated agent. Please visit Trashbox’s web page at Trashbox.com/legal for the designated address and additional information.

 

It is often difficult to determine if your copyright has been infringed. Trashbox may elect to not respond to such notices that do not substantially comply with all of the foregoing requirements, and Trashbox may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the Copyright Act No. 98 of 1978.

      

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a Counter-Notification.

 

Without limiting Trashbox’s other rights, Trashbox may to the Service and any other website owned or operated by Trashbox.

 

If access on the Service to a work that you submitted to Trashbox is disabled or the work is removed as a result of a notice in terms of the Copyright Act No. 98 of 1978, and if you believe that the disabled, in appropriate circumstances, terminate a repeat infringer's access or removal is the result of mistake or misidentification, then you may send us a Counter-Notification. Your Counter-Notification should contain the following information:

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B. Counter-Notification.

 

If access on the Service to a work that you submitted to Trashbox is disabled or the work is removed as a result of a notice contemplating the Copyright Act No. 98 of 1978, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a Counter-Notification to the addresses above. Your Counter-Notification should contain the following information:

 

i)            a legend or subject line that says: " The Copyright Act No. 98 of 1978 Counter-Notification";

 

ii)           a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);

 

iii)          a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

 

iv)          your full name, address, telephone number, e-mail address, and the username of your account;

 

v)           a statement that you consent to the jurisdiction of the High Court in which your address is located and that you will accept service of process from the person who provided The Copyright Act No. 98 of 1978 notification to us or an agent of such person; and

 

vi)          your electronic or physical signature.

 

If we receive a The Copyright Act No. 98 of 1978 Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten 10 (TEN) and not more than fourteen 14 (FOURTEEN) business/working days following receipt of the Copyright Act No. 98 of 1978 Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the Copyright Act No. 98 of 1978 Copyright Infringement Notice has instituted formal legal proceedings asking a court for an order interdicting or restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the Copyright Act No. 98 of 1978 Copyright Infringement notice.

 

10.  SUBMISSIONS: TRASHBOX

 

A.  User Submissions

 

i) General

Trashbox may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, "submit") reviews, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User Submissions"). Trashbox may allow you to do this through forums, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Submissions and you remain ultimately responsible for it.

 

ii) Non-Confidentiality of Your User Submissions

 

Except as otherwise described in the Service's posted Privacy Policy or any Additional Terms, you agree that: (a) your User Submissions will be treated as non-confidential – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned; and (b) Trashbox does not assume any obligation of any kind to you or any third party with respect to your User Submissions. Upon Trashbox’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Submissions may not be secure, and you will consider this before submitting any User Submissions and do so at your own risk. In your communications with Trashbox, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User Submissions and licensed to us as set forth below. In addition, Trashbox retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Trashbox’s receipt of your Unsolicited Ideas and Materials is not an admission by Trashbox of their novelty, priority, or originality, and it does not impair Trashbox’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

 

iii) License to Trashbox of Your User Submissions

 

Except as otherwise described in any applicable Additional Terms, you grant to Trashbox the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to:

 

a)          configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and

 

b)          use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, producing, and marketing products and/or services.

 

You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Trashbox to your User Submissions, you also hereby grant to Trashbox, and agree to grant to Trashbox, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Submissions, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 10 (A)(iii).

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iv)          Exclusive Right to Manage Our Service

 

Trashbox may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Submissions, and Trashbox may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Submissions without notice or any liability to you or any third party in connection with our operation of User Submissions venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 10(B)). Such User Submissions submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Submissions on the Service or elsewhere.

 

v)           Representations and Warranties Related to Your User Submissions

 

Each time you submit any User Submissions, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Submissions you submit, and that, as to that User Submissions: (a) you are the sole author and owner of the intellectual property and other rights to the User Submissions, or you have a lawful right to submit the User Submissions and grant Trashbox the rights to it that you are granting by these Terms and any Additional Terms, all without any Trashbox obligation to obtain consent of any third party and without creating any obligation or liability of Trashbox; (b) the User Submissions is accurate; (c) the User Submissions does not and, as to Trashbox’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Submissions will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.

 

vi)          Enforcement

 

Trashbox has no obligation to monitor or enforce your intellectual property rights to your User Submissions, but you grant us the right to protect and enforce our rights to your User Submissions, including by bringing and controlling actions in your name and on your behalf (at Trashbox’s cost and expense, to which you hereby consent and irrevocably appoint Trashbox as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

 

B. Community Usage Rules

 

As a user of the Service, these Community Usage Rules ("Rules") are here to help you understand the conduct that is expected of visitors of the Service's online forums ("Communities").

 

 

vii)         Nature of Rules

 

Your participation in the Communities is subject to all of the Terms, including these Rules:

 

a. Your User Submissions

 

All of your User Submissions either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User Submissions should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Submissions that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Submissions or has any rights to your User Submissions, or if anyone appears or is referred to in the User Submissions, then you must also have their permission to submit such User Submissions to Trashbox (for example, if someone has taken a picture of you and your friend, and you submit that photo to Trashbox as your User Submissions, then you must obtain your friend's and the photographer's permission to do so.).

 

b. Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family

 

If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.

 

c. Act Appropriately

 

All of your Service activities must be venue appropriate, as determined by us. Be respectful of others' opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User Submissions might offend someone or be embarrassing to someone, then chances are it probably will and it doesn't belong on the Service. Cursing, harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User Submissions must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User Submissions must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.

 

d. Do Not Use for Commercial or Political Purposes

 

Your User Submissions must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.

 

e. Do Not Use for Inappropriate Purposes.

 

Your User Submissions must not promote any infringing, illegal, or other similarly inappropriate activity.

 

f. Be Honest and Do Not Misrepresent Yourself or Your User Submissions

 

Do not impersonate any other person, user, or company, and do not submit User Submissions that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.

 

g. Others Can See

 

We hope that you will use the Communities to exchange information and content and have venue appropriate discussions about job search-related issues with other members. However, please remember that the Communities could be viewed in the public domain and User Submissions that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.

 

h. Don't Share Other Peoples' Personal Information

 

Your User Submissions should not reveal another person's address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Trashbox App.

 

i. Don't Damage the Service or Anyone's Computers or Other Devices (Bins, Waste Sites and related)

 

Your User Submissions must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.

 

If you submit User Submissions that Trashbox reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Submissions in question being removed from the Service.

 

 

(ii) Your Interactions With Other Users; Disputes

 

You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.