Starlite Mobi End User Licence Agreement (EULA)
By clicking on the "Accept" option or by installing, or using this Software you agree to be bound by this End User Licence Agreement (EULA), as may be amended from time to time. Your click of the "Accept" option is a representation of your signature and your consent to all parts of this EULA. By accessing, downloading, installing, or using this software and/or application, you automatically agree with the below terms and conditions.
The following summary is provided for convenience only and does not form part of the EULA insofar as it conflicts with any provisions of the Full Agreement:
You as the user grant
us, the Service Provider, permission to check your compliance with this agreement.
You as the user can only request
and use the information provided
for in terms of the software for the purposes of the software.
Either party can terminate this Agreement with immediate effect.
The Starlite Mobi software is produced by Stargate, Computing and Electronics cc
on behalf of Crealco, Wispeco Architectural Products,
a Division of WISPECO (PTY) LTD, (Registration Number: 1947/027773/07).
The Starlite Mobi software is licenced and not sold.
Neither Starlite Mobi,
Wispeco (Pty) Ltd nor the chosen Crealco
Distribution Partner will be liable
for any damages
related to the use
of, or reliance on, the application software, or services.
1.
Definitions
a.
Application means application software, which is a computer program
created by Wispeco
(Pty) Ltd, to carry out its specific
end user functions, to obtain industry
compliant quotations, cutting
lists and or glass sizes,
determining window make up and configurations
for the products to be purchased from the Crealco
Distribution Partner;
b.
"Agreement"
or "End User Licence Agreement" or "EULA" means this
agreement together with all annexures attached hereto, as may be amended
in writing by the Parties from time to time;
c.
"Commencement
Date" means the date when the application software was installed
accessed, downloaded, installed, or used for the first time;
d.
"Confidential
Information" means all confidential information of Starlite Mobi
and its users irrespective of the
media in which it is contained. Including but not limited to the software, application programme, personal data, the Intellectual Property, as well as any data collected and stored in Starlite Mobi s data bases
from time to time;
e.
"Consent"
means any act, concurrence or permission, whether express or implied whereby
the user agrees to the processing,
collecting, storing and sharing of personal information relating to them;
f.
CDP means Crealco Distribution Partner
g.
CPA means The Consumer
Protection Act 68 of 2008;
h.
"Delivery
Mechanism(s)" shall mean the method and/or mechanism and/or
telecommunications network by which
Starlite Mobi shall enable you to access the software services pursuant to this Agreement;
i.
Device means any
electronic device that is used for the purpose of downloading and installing and use
of the Starlite Mobi
application software;
j.
Free
version means the free limited version of the Starlite Mobi services,
in which no cost is charged to the user for the experimental use of the software;
k.
"Input
Data" means the users personal/proprietary data submitted on the
Starlite Mobi software and/or the CDP when processing an enquiry;
l.
"Intellectual
Property" means all intellectual property of whatever nature
that is owned, created and/or controlled by Wispeco (Pty) Ltd, Crealco
Wispeco Architectural Products
and Starlite Mobi,
including but not limited to their rights, interests and title in all
trademarks, trade and domain names,
software programmes, software applications, web pages (including the "look
and feel" thereof), standards,
logos, software systems, methods (including patterns, coding and system functions), procedures, processes, the
design, layout, "look and feel" and of the products and its designs,
patents, and copyright whether registered or not;
m. "Parties" shall mean Starlite Mobi, the user and the CDP;
n.
Premium
Version refers to the fully functional version of the software that
the user is billed for at a rate determined from time to time;
o.
"Services"
means the services to be rendered by Starlite Mobi s
software to its customer, as set out more fully
hereunder and as amended from time to time;
p.
Service
provider means Wispeco (Pty) Ltd, Crealco Wispeco Architectural
Products and Starlite Mobi;
q.
PAIA means the Promotion
of Access to Information Act, No. 2 of 2000;
r.
POPI means the Protection of Personal Information Act 4 of 2013;
s.
"Software"
means the downloaded Starlite Mobi software for the purposes of obtaining
industry compliant quotations, cutting lists and or glass sizes, determining window make up and configurations as well as any updates and
related material for the products to be purchased from the Crealco Distribution Partner;
t.
Subscriber means any user who has downloaded and or installed
and or used the software
for the purposes of using
the application software, in order to obtain industry compliant quotations, cutting
lists and or glass sizes and or determining window
make up and configurations;
u.
"Subscriber Application Form" means the Starlite Mobi form which refers to this Agreement and its annexures;
v.
Supplier means the
registered Crealco Distribution Partner, who is responsible for procuring and providing the product ordered;
w.
"Monthly
billing" means a payment system whereby the user subscribes for a
debit order payment every month;
x.
"Web Site" means http://www.starlitemobi.co.za;
y.
"Starlite Mobi" means the application software owned and or controlled by Wispeco (Pty)
Ltd, Crealco, Wispeco
Architectural Products,
created in partnership with Stargate Computers and Electronics;
z.
User/you/customer means the end user and or natural person/juristic person who downloads
and installs the free or premium version
of the application software
in order to use the software;
2.1.
In this Agreement, sub-headings are used for convenience and shall not be used in its interpretation, unless the context indicates the contrary intention:
2.1.a.
any clause and or expression
which denotes:
the singular shall include the plural and vice versa;
any gender includes the other gender;
a person includes an artificial person or juristic
person and vice versa;
2.1.b.reference
to any legislation or an enactment to such legislation or enactment, refers as at the date of signature of the Agreement
by the last signing of the parties and as amended or re-enacted from time to time;
2.1.c.
if any provision in a definition is a substantive
provision conferring any right or imposing any
obligation on either Party, then notwithstanding that it is only in the
interpretation clause, effect
shall be given to
it as if it were a substantive provision in this Agreement;
2.1.d.when any
number of days is prescribed, such number shall exclude the first and include the last day unless
the last day falls on a Saturday,
Sunday or public holiday as recognised in the Republic of South
Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday
as recognised in the Republic of South Africa, unless a specific reference is made to calendar days;
2.1.e.the use of the word "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific examples;
2.1.f. the expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provides that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;
2.1.g. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
2.1.h.the terms "holding company" and "subsidiary company" shall bear the meanings assigned to them in the Companies Act No. 71 of 2008, as amended; and
2.1.i. the clause headings have been inserted for convenience only and shall not be taken into account in the construction or interpretation of any of the provisions to which it relates. The clause headings are for descriptive purposes only and shall not in any way limit or amplify the terms of this Agreement.
3.1.
This Agreement takes effect when you click on the
"agree" option when the user installs, downloads or uses this application software and will remain in
force indefinitely, subject to the termination clause below.
3.2.
This Agreement may be updated from time to time by
Starlite Mobi, the latest version of which will
be available on the Google Play store. The user will be notified regarding
Software changes on the Agreement in the Software
and on the Google Play store each time you use and or update
the application software. The continued use of the application software
after this Agreement
has been updated constitutes an acceptance of the
updated terms of the Agreement.
3.3.
Notwithstanding any other provisions of this
Agreement, this Agreement shall terminate and be of no force and effect should Starlite Mobi be prevented by any
law from continuing to carry out its obligations in terms of this
Agreement.
4.1.
The User acknowledges and agrees that:
4.1.a.
it will only receive the services of the premium
version of the services of Starlite Mobi, upon the continuous monthly premium being paid;
4.1.b.
it will at all times comply with the requirements and
updates for the use of the application software;
4.1.c.
where a juristic
person uses the application, the juristic person
shall be deemed
to be a user that has agreed to be bound by the terms
and conditions of the Agreement upon the application software
being downloaded and installed with the agree option selected.
5.1. The
performance of the Service Provider s obligations in terms of this Agreement
shall be strictly in compliance with
the Protection of Personal Information Act, 4 of 2013 ( POPI ), the Electronic Communications and Transaction Act 25 of
2002, and all other laws, policies, and procedures relating to the protection, storage,
handling, privacy, processing and destruction of personal data.
5.2.
The Protection of Personal Information Act (POPI Act)
and the Electronic Communications and Transaction Act, 25 of 2002, requires
that we obtain your consent
in order to process your personal information, which by providing same on
this Application is deemed to be the necessary consent, this information includes but is not limited
to:
5.2.a.
your name, surname, and address.
5.2.b.
information relating to your race, gender, sex,
pregnancy, marital status, nationality, ethnicity
or social origin, colour, sexual orientation, age, physical or mental health,
well- being, disability, religion,
conscience, belief, culture, language and birth;
5.2.c.
information relating to your education or the medical,
financial, criminal or employment history;
5.2.d.
any identifying number, symbol, e-mail address,
physical address, telephone number, location
information, online identifier
or other particular assignment;
5.2.e.
your biometric information;
5.2.f.
your personal opinions,
views or preferences;
5.2.g.
correspondence sent by you that is implicitly or explicitly of a private
or confidential nature
or further correspondence that would reveal the contents
of the original correspondence;
5.2.h.
the views or opinions of another
individual about you; and
5.2.i.
your name if it appears
with other personal
information relating to you or if the disclosure of the name itself would reveal
information about you;
5.3.
Collection of Personal
Data
5.3.a.
This App may electronically collect,
store and use certain personal
information from Users
for the purpose of communicating requested information to those Users,
registration and or authentication of
those Users, to compile certain non-personal statistical information and to gain a better understanding of
those Users. The user consents that the personal data provided by the user may be collected for the purposes
of provision of the application services. Such data may be retained for as long as may be
reasonably necessary for the purposes of the applications services.
5.3.b.
The Service Provider
shall use reasonable commercial endeavours to ensure the security and integrity of all data gathered from
Users, stored and used on the App and or Site in accordance with current
legal requirements. Such information shall not be disclosed to any third
party unless agreed
upon between the User and the Service
Provider or through due legal
process. Users agree that the Service Provider may from time to time
communicate with Users. In the event that a User agrees to the Service
Provider sending him marketing and other material and information as
offered by the Service Provider on the Application and or Site, the Service
Provider shall only send
such material and information
as requested by the User and shall,
upon being advised by the User that it does not wish to receive such material or information, act on such instruction
and promptly cease to send such material
or information
5.4. Sharing of the Users
Personal Data:
The user consents to their personal information being shared for the purposes of the application services that are being provided.
5.5.
Revision:
The user may revise and or update the users personal data at any time. The user may also have the following rights, subject to applicable law:
5.5.a.The right to request access to, or copies of your personal data that has been provided and updated from time to time by the user;
5.5.b.The right to request a correction of any inaccuracies in the users personal data;
5.5.c.The right to request the source of the users personal data, if same was not provided directly by the user;
5.5.d.The right to request the logic, reasoning and or significance for the processing of certain personal data.
6.1.
The User hereby
consents to access
of personal information for the purposes
of the using the application software:
6.1.a.
Full name, Identity
Number and Address;
6.1.b.
Device, Device Storage,
Mobile Data;
6.1.c.
Camera and or Photo Gallery;
6.1.d.
Audio;
6.1.e.
Location;
6.1.f.
WhatsApp;
6.1.g.
Email;
6.1.h.
Contacts
7.1.
The user is responsible to update the application
software to its most current version as and when
an upgrade becomes available. Failure to do so could result in the application
software being unable to function,
run and or operate effectively, or becoming non-compliant with current legislation and or with industry practice
and may also result in the deactivation of the application software.
7.2.
Any and all future updates to the application software
will be available to the user to download from the Google Play Store. It remains the responsibility of the user to ensure
that the updates are downloaded timeously;
7.3.
Starlite Mobi will notify you from time to time of any
technical and or security specifications which the user will need to comply with in order for the application software
to be operable. The user acknowledges that failure to abide
by these technical and or security specifications could lead to a malfunction of the application software, the device used, storage space and any third
party software that is present on your device for which Wispeco (Pty) Ltd, Crealco Wispeco Architectural Products, Stargate Computers and Electronics, and Starlite Mobi will not be held responsible.
8.1.
The user hereby
agrees that:
8.1.a.that each personalised password created by the user will be used by one natural and or juristic person only, whose personal data has been supplied to the Starlite Mobi application software;
8.1.b.to not to share, disclose or make available in any way your personalised password to any other person for such person's use ("unauthorised use") and undertake to maintain the confidentiality of such password;
8.1.c.if any unauthorised use takes place or if for any reason the personalised password is no longer secure or may be accessible by any unauthorised person, that the user shall immediately notify Starlite Mobi and change the password within 24 hours of same coming to your reasonable attention;
8.1.d.Starlite Mobi hereby reserves the right to take whatever action considered necessary to ensure and maintain the security and reliable operation of the application software.
8.2.
Any person that delivers or attempts to deliver any
malicious or damaging code to this Application and or Site or attempts
to gain unauthorized access to any page on this Application and or Site may be prosecuted and damages may be claimed by
Wispeco (Pty) Ltd, Crealco Wispeco Architectural Products and Starlite
Mobi in the event that loss or damaged is incurred.
9.1. Starlite Mobi warrants that, that the application Software will function and perform as per the specifications and descriptions set forth in the User Manual, however such limited warranty shall not apply in the below instances:
9.1.a. In the instance
of the user s device deficiencies and or storage,
model, memory or speed of device, of which
Starlite Mobi expressly disclaims any warranty responsibility;
9.1.b. malfunctions, defects, or failures resulting from misuse; misinformation; accident; neglect; improper installation, updating maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; non-permitted modification, or repairs of the software application by any party other Starlite Mobi; or any other third parties actions;
9.1.c. any defect not made known by the User to Starlite Mobi as soon as practical after any system errors first appear;
9.1.d. any incompatibility caused by the device used and or software components installed on the Users device;
9.1.e. payment method and or banking related issues.
10.1.
The User warrants
that:-
10.1.a.
it will take reasonable steps
to ensure that the application software is updated
as and when updates are available on the Google
Play Store;
10.1.b.
it will use and purchase at least 80% of materials and
or the extrusion systems from the registered
and selected Crealco Distribution Partner that the user has registered for the supply
of the product;
10.1.c.
it will provide
the correct specifications required for an accurate quotation
to be obtained;
10.1.d.
it will allow the CDP to obtain the materials and or
extrusion systems from a registered supplier
of Wispeco (Pty) Ltd within a reasonable time frame should the CDP not have stock of the requested
materials and or extrusion systems;
10.1.e.
it will notify Starlite Mobi and Wispeco
(Pty) Ltd should
the user decide
to switch to another
registered CDP.
11.1. The User will be solely
liable for any orders placed to
the quotation obtained;
11.2.
Starlite Mobi shall not be liable for any actual or
contingent loss, liability, expense, late delivery costs, theft or damaged goods of whatsoever nature whether direct,
indirect, or otherwise
suffered by the user because
of, or which may be attributable to or
caused by:
11.2.a.
the CDP;
11.2.b.
the breach of the
agreement by the user of any of its obligations;
11.2.c.
the reliance or use by the user or any third person of any of the Information after the date of
updating or termination of this Agreement for any reason whatsoever;
11.2.d.
any mistake, error or omission
in the personal information and order specifications submitted to Starlite Mobi by the user
or any other third party;
11.2.e.
an event of force majeure;
and or
11.2.f.
the downtime of any system software and or updating of system software;
12.1.
While every effort is made to eliminate any errors,
the user acknowledges that no software is error-free
and therefore this application software is provided "as is.
12.2. the user acknowledges and agree
that:
12.2.a.
The Service Provider does not operate nor control any
of the CDP s through which orders are made and that they are Independent Contractors
contracting directly with the User;
12.2.b.
The Service Provider
does not act as an agent
of any CDP s; and
12.2.c.
The Service Provider
does not warrant
that your access
to the Starlite Mobi application software or its services or any part thereof, will be
uninterrupted or error free, or that defects
will be corrected, or that the software systems are free of viruses, infections
or the like;
12.3.
Neither Service Provider nor any of its employees,
directors or representatives shall be liable
for any damage, loss or liability of whatsoever nature arising from the
use or inability to use this Application and or Site or the services or content provided
through this Application and or Site.
12.4.
The Service Provider makes no representations or
warranties, implied or otherwise, that the content and the technology available from this Application and or Site are free from errors or
omissions or that the service will be uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the Service Provider.
12.5.
This Application and or Site is supplied on an as is
basis and has not been compiled or supplied
to meet the User s individual requirements. It is the sole responsibility of
the User to satisfy him-,
her-, or itself prior to entering into an agreement
with the Service
Provider that the services
and or products available from and through this Site will meet the User s individual requirements.
12.6.
Information provided on the Application and or Site is intended
for general information purposes and as such the correctness of such information is not
warranted. The User should request specific
confirmation of the accuracy of any information it wishes to rely upon.
13.1.
The user agrees
that:
13.1.a.
The Starlite Mobi application Software
and its composition, programme systems,
concepts, operation systems, versions, designs, codes, content and other
information contained in the
application software are proprietary intellectual property of or legally licensed to or legally accessed by
Starlite Mobi and its partners, as applicable, are protected by civil and criminal
law, and by the law of copyright, trade secret, trademark
and the Intellectual Property Laws Amendment Act 28 of 2013, as well as
any other local and international
legislation, treaties and agreements. Therefore, this Agreement does
not grant the user any rights to the intellectual property, including any trademarks, domain names or service marks of Starlite Mobi and or its partners.
13.1.b.
The downloading, installation and or use of the
application Software does not transmit nor
relinquish any title of the intellectual property in the application Software,
and that the user will not obtain any related rights
to the application Software except
as expressly set forth in
this Agreement. The user therefore only obtains a right to the limited use of the application software as
stated under the terms and conditions of this
Agreement.
13.1.c.
The user may not
in any way modify, adapt nor amend the Software in any way.
14.1.
No person, business
or website may link to any page on this Application and or Site without the prior written
permission of the Service Provider.
14.2.
Hyperlinks provided on this Site to non-Service Provider Sites are provided as is and the Service
Provider does not agree with, edit, endorse,
or support the content on such web pages.
15.1.
If any party is prevented from carrying out any of its
obligations as a result of an act of God, strikes,
fire, riot, war (whether declared or not) delivery control, covid-19
restrictions and or regulations,
software crashes, coding issues, or any court order which are not within the reasonable control of such party, such
party will be deemed to have been released from its obligations to perform under this Agreement to the extent that
and for so long as it is so prevented
from performing. This Agreement will be deemed to have been suspended to such extent and for the period
concerned;
15.2.
As soon as a party becomes aware that an act of force majeure
is likely to cause a suspension of this agreement, it shall give notice
in writing to the other party, estimating the approximate length of the suspension. The estimation
shall not be binding and the party claiming force majeure shall:
15.2.a.
do everything possible
to terminate the circumstances giving
rise to the force majeure;
and
15.2.b.
give notification to the
other party as soon as the force
majeure ceases to operate.
The user shall not cede and or transfer any of its rights or delegate any of its obligations under this agreement or otherwise assign this agreement to any third party without the prior written approval of Wispeco (Pty) Ltd, Starlite Mobi and the relevant CDP, which approval will not be unreasonably withheld. Wispeco (Pty) Ltd and or Starlite Mobi may cede and or transfer this agreement at its discretion without notice to you.
If, due to a breach by the user of any of the terms of this agreement, Wispeco (Pty) Ltd, Starlite Mobi, Stargate Computing and Electronics cc or a CDP incurs any legal, professional and or other costs and or disbursements (including the costs of tracing agents and or the sheriff), the user shall be liable for and shall pay on demand, all costs, and disbursements so incurred, on the scale as between attorney and own client.
This agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa. The agreement constituted by the User s acceptance of these terms and conditions of use shall be deemed to be concluded in Johannesburg, South Africa at the time that the User first installing the software application.
All disputes in terms of the use of this Application and or Site or any agreement flowing therefrom, or relating to the inability to use this Application and or Site, will be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa (AFSA) and such arbitration shall be held in Johannesburg, South Africa and conducted in the English language.
20.1.
These terms and conditions of use constitute the sole agreement
between the Service Provider and the User and shall cancel,
supersede and prevail
over all prior
Application and or Site
terms and conditions of use,
web site disclaimers and or copyright notices between the User and the Service Provider.
20.2.
No relaxation or failure
by the Service Provider to exercise or enforce any provision under these terms
and conditions shall
be or deemed to be a waiver
of such provision or any other provision.
20.3.
If any provision in these terms and conditions is
unenforceable or invalid for any reason, such
provision shall be severable from the remaining
provisions, which shall continue to be enforceable and valid.
20.4.
In these terms and conditions, references to the masculine shall include the feminine and neuter genders and vice versa, references to
the singular shall include the plural and vice versa, and references to a natural person shall
include an incorporated or unincorporated body and vice versa, unless the contrary
appears from the context.
No alteration of, variation of, or addition to this agreement shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.
23.1.
This Agreement will remain in force indefinitely,
provided that either party may suspend or terminate
the agreement immediately by
written notice.
23.2.
The Service Provider
is entitled to terminate and or suspend
this agreement immediately if you do not comply with any provision in this
agreement, or if you do not purchase products of at least 80% of the materials and or extrusion systems from the CDP
elected on the Application by the User.
23.3.
In the event that this agreement is terminated for any reason
whatsoever, it is the obligation of the User to
cancel the monthly subscription which is collected by the Google play store and the Service Provider accepts no liability
whatsoever for any continued payments or debits orders by the Google play store with regards
to a monthly subscription of this Application.
23.4.
If this agreement is terminated or suspended, all
copies of printed and electronic materials must be returned or destroyed at Starlite Mobi s election, and the user hereby
agrees to allow
Starlite Mobi to remove and or revoke the application software from your
device(s) and or computers.
23.5.
Starlite Mobi shall be entitled, without prejudice to
its other rights in law including the right to
claim damages and or to cancel this Agreement and or to claim immediate
specific performance of all of the user s obligations, whether or not otherwise then due for performance, If the User:
23.5.a.
being an individual, dies or is provisionally or finally sequestrated or surrenders his estate;
or
23.5.b.
being a partnership, is dissolved; or
23.5.c.
being a
company, is placed under a provisional or final order of liquidation or judicial management; or
23.5.d.
compromises or attempts
to compromise generally with its creditors.
This document contains the whole and entire record of the agreement between the parties. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein or otherwise created by operation of law.
Should you have any questions concerning this Agreement, or if you desire to contact Wispeco (Pty) Ltd and or Starlite Mobi for any reason, Kindly contact our Customer Service Department at:
Wispeco (Pty) Ltd
678 Potgieter Street, Alrode, Alberton, 1451. E-mail: starlitemobisupport@crealco.co.za
Web site: www.wispeco.co.za
Wispeco. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.