1.1. Your use of the Dustgear Service is subject to this Terms of Service ("TOS") in effect at the time of your use. Dustgear reserves the right to update and change this TOS from time to time without notice or acceptance by you, so please check our www.biomasterglobal.com/TermsOfService for updates and changes. However, changes made to this TOS will not apply to you to the extent that
(i) the changes concern matters which are the subject of an actual dispute between you and Dustgear as of the date the changes take effect and
(ii) Dustgear has actual notice of the dispute as of the date the changes take effect.
2.1. When you register to use the Dustgear Service, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete.
2.2. You are responsible for maintaining control over access to your account, including the confidentiality of your account log-in and password, and are responsible for all activities that occur on or through your account, whether authorized by you or not. Dustgear will not be liable for any loss or damage arising from your failure to maintain control over access to your account.
3.1. The Dustgear Service may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the Dustgear Service may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at Dustgear’ discretion.
3.2. Dustgear reserves the right to change, suspend or discontinue part or all of any version of the Dustgear Service at any time, for any reason, without notice and without explanation.
4.1. You authorize Dustgear to automatically and immediately bill you when charges for your use of the Dustgear Service are due.
4.2. If your Payment is invalid or if you fail to pay charges for the Dustgear Service when due, your account may be downgraded, suspended or cancelled, at Dustgear’ discretion. If your account is suspended, Dustgear may, but is not obligated to, maintain your account and/or related content and information, in order to allow you pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.
4.3. Unless stated to the contrary, all charges for the Dustgear Service are non-refundable, even if your use of the Dustgear Service is cancelled before the end of your current billing period.
4.4. Unless stated to the contrary, all currency references in the Dustgear Service are in ZAR (South African Rands).
4.5. If you subscribe to Dustgear Service on a monthly basis, your payment of the Service Fee for the initial monthly term is due on the Effective Date specified in your Dustgear application document. Payment of the Service Fee for each monthly term thereafter is due in advance on the first day of each such monthly term. Dustgear will not initiate your Dustgear (paid) Service monthly subscription until Dustgear receives payment of the Service Fee for the initial monthly term in full.
5.1. If you voluntarily cancel the Dustgear Service before the end of your current billing period, your cancellation will take effect upon Dustgear’ receipt and processing of your cancellation request.
5.3. Dustgear, in its sole discretion and at any time, may discontinue providing the Dustgear Service, or any part thereof, with or without notice. Any termination of your access to the Dustgear Service under any provision of this TOS may be effected without prior notice. Dustgear may immediately deactivate or delete your account, as applicable and all related information and content. Dustgear reserves the right to bar any further access to such information or content or the Dustgear Service. Dustgear will not be liable to you or any third party for any termination of your access to the Dustgear Service.
5.4. After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on the Dustgear Service may be deleted by Dustgear. Dustgear will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.
6.1. With respect to any additional software that may be made available by Dustgear in connection with the Dustgear Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
7.1. In using the Dustgear Service to send electronic communications, and as a result of Dustgear’ network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute international communications and/or data transmissions regardless of where you are physically located at the time of transmission.
7.2. The Dustgear Service is hosted in the Republic of South Africa. If you use the Dustgear Service from outside the country, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the Republic of South Africa and agreeing that Dustgear’ collection, use, storage and sharing of your information and content is exclusively subject to the laws of the Republic of South Africa, not of the jurisdiction in which you are located.
8.1. The Dustgear Service may include advertisements, which are necessary for Dustgear to provide the Service. Dustgear reserves the right to include advertisements in different versions and/or in different service levels of the Dustgear Service at its discretion.
8.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Dustgear Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Dustgear will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Dustgear Service.
9.1. The Dustgear Service may provide, or third parties may provide, links to other content, products, services or Web sites which are not owned or operated by Dustgear. Because Dustgear has no control over such content, products, services or Web sites, Dustgear is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Dustgear will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or Web sites.
11.1. You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Dustgear Service, use of the Dustgear Service or access to the Dustgear Service without the express permission by Dustgear.
12.1. Dustgear may establish general practices and limits concerning use of the Dustgear Service and may modify such practices and limits from time to time.
13.1. Dustgear reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Dustgear Service (or any part thereof) with or without notice at any time. You agree that Dustgear will not be liable to you or to any third party for any modification, suspension or discontinuance of the Dustgear Service.
14.1. The Dustgear Service and any necessary software used in connection with the Dustgear Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Dustgear Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Dustgear or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Dustgear Service, any necessary software used in connection with the Dustgear Service or any advertiser's content, in whole or in part.
15.1. You expressly understand and agree that:
(a) your use of the Dustgear service is at your sole risk. The Dustgear service is provided on an "as is" and "as available" basis. Dustgear expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) Dustgear will make reasonable efforts to maintain the Dustgear service, however, Dustgear is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Dustgear service, or other interaction with the Dustgear service. You are responsible for maintaining and backing-up your data and information that may reside on the Dustgear service. Dustgear does not warrant that
(i) the Dustgear service will meet your specific requirements,
(ii) the Dustgear service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Dustgear service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Dustgear service will meet your expectations, and
(v) any errors in the Dustgear service will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Dustgear service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained through or from the Dustgear service will create any warranty not expressly stated in this TOS
16.1. You expressly understand and agree that Dustgear will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dustgear has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Dustgear service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Dustgear service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Dustgear service; or
(v) any other matter relating to the Dustgear service.
17.1. Notices to you may be made via either email or regular mail. Dustgear may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Dustgear Service.
17.2. This TOS and the relationship between you and Dustgear will be governed by the laws of South Africa.
17.3. The failure of Dustgear to exercise or enforce any right or provision of this TOS will not constitute a waiver of such right or provision. This TOS constitutes the entire agreement between you and Dustgear and governs your use of the Dustgear Service, superseding any prior agreements between you and Dustgear (including, but not limited to, any prior versions of this TOS). If any provisions of this TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS will remain in full force and effect.
17.4. You also may be subject to additional terms and conditions that may apply when you use affiliated or other Dustgear services, third-party content or third-party software.
17.5. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Dustgear Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17.6. The section titles in this TOS are for convenience only and have no legal or contractual effect.