Terms and Conditions of Hade
These terms and conditions are the contract between you and Hade (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
I/ We are N Ramsdale TA Hade, South African
Our address is: PO Box 19027
Sunward Park
Boksburg
1470
South Africa
Our VAT number is: N/A
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
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“Content” |
means the textual and visual content that is encountered as part of your experience on Our Website. It may include, among other things: text and images. It includes content Posted by you. |
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"Intellectual Property" |
means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights. |
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“Our Website” |
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us Hade. It includes all web pages controlled by us. |
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"Post" |
means place on or into Our Website Content or material as per information required to place Funeral Notice. |
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“Services” |
means all of the services available from Our Website, whether free or charged. |
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“Customer” |
means anyone who visits and makes use of Our Website or the Hade platform. |
In this agreement unless the context otherwise requires:
2.1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.4. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.7. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.1. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.2. Subject to these terms and conditions, we agree to provide to you the Services described on Our Website at the prices we charge.
3.3. Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
3.4. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
3.5. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.6. The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want, this will be by means of providing you with a login password.
3.7. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
3.8. We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.8.1 The change will take effect when we Post it on Our Website.
3.8.2 If you make any payment for Services in the future, you will do so under the terms Posted on Our Website at that time.
4.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
5.1. The Customer agrees that the amount contained in an Invoice / Tax Invoice issued by Hade shall be due and payable unconditionally (a) cash on order; or (b) if the Customer is a Credit Approved Customer, within 30 days from the end of the month in which an Invoice / Tax Invoice has been issued by Hade.
5.2. The Customer agrees to pay the amount on the Invoice / Tax Invoice into the bank account of Hade.
5.3. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Customer and any such extension will not be applicable or enforceable.
5.4. The Customer agrees that if an account is not settled in full against Funeral Notices published within the period agreed in clause 5.1 above in the case of a Credit Approved Customer, Hade is entitled to immediately cancel the Agreement and stop any current or future Services to the Customer.
5.5. Funeral Notices will appear on the Hade App for a minimum of 30 days, thereafter Hade reserves the right to remove such Funeral Notice at their own discretion.
5.6. Apart from your cancellation right, termination of Hade service will be regulated by this contract set out in paragraph 12 below.
5.7. We reserve the right to modify the Hade payment rules or system and to change the terms and conditions of this agreement at any time, with notice. Your continued use of the Hade Service after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.
6.1. Pricing for the Hade service is available to Customers who are approved and have a login profile and are clearly set out on Our Website.
6.2. Hade reserves the right to increase the price of the service, by giving notice to the Customer.
6.3. All pricing will remain valid until the date of issue of a new Price List via Our Website available for Customers with a login profile.
7.1. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
7.2. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
7.3. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
7.4. You agree to waive your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.
7.5. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
7.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
7.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
7.8. Please notify us of any security breach or unauthorised use of your account.
We invite you to Post Content to Our Website. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
8.1. be unlawful, or tend to incite another person to commit a crime;
8.2. consist in commercial audio, video or music files;
8.3. be obscene, offensive, threatening, violent, malicious or defamatory;
8.4. be sexually explicit or pornographic;
8.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.6. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
8.7. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
8.8. include anything other than words and photographs in such place as we designate;
8.9. facilitate the provision of unauthorised copies of another person's copyright work;
8.10. link to any of the material specified in this paragraph;
8.11. Post excessive or repeated off-topic messages to any forum or group;
8.12. sending age-inappropriate communications or Content to anyone under the age of 18.
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
9.1. hyperlinks, other than those specifically authorized by us;
9.2. keywords or words repeated, which are irrelevant to the Content Posted.
9.3. the name, logo or trademark of any organisation other than that of you .
9.4. inaccurate, false, or misleading information.
10.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
10.2. We are under no obligation to monitor or record the activity of any Customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
10.3. In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
10.4. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
11.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
11.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
11.3. download any part of Our Website, without our express written consent;
11.4. collect or use any product or service listings, descriptions, or prices;
11.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
11.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
11.7. share with a third party any login credentials to Our Website;
11.8. Despite the above terms, we now grant a licence to you to:
11.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
12.1. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement by sending notice to us by email. We reserve the right to check the validity of any request to terminate your Service.
12.2. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.
12.3. Termination by either party shall have the following effects:
12.3.1 your right to use the Services immediately ceases;
12.3.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
12.4. There shall be no re-imbursement or credit if the Service is terminated due to your violation of the terms of this agreement.
12.5. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any Service fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
13.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
13.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
13.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
You agree that at all times you will:
14.1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
14.2. notify us of any suspected infringement of the Intellectual Property;
14.3. so far as concerns software provided or made accessible by us to you, you will not:
14.3.1 copy, or make any change to any part of its code;
14.3.2 use it in any way not anticipated by this agreement;
14.3.3 give access to it to any other person than you, the licensee in this agreement;
14.3.4 in any way provide any information about it to any other person or generally.
14.4. not use the Intellectual Property except directly in our interest.
15.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
15.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
15.3. Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
15.3.1 useful to you;
15.3.2 of satisfactory quality;
15.3.3 fit for a particular purpose;
15.3.4 available or accessible, without interruption, or without error.
15.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
15.5. We make no representation or warranty and accept no responsibility in law for:
15.5.1 accuracy of any Content or the impression or effect it gives;
15.5.2 delivery of Content, material or any message;
15.5.3 privacy of any transmission;
15.5.4 third party advertisements which are posted on Our Website or through the Services;
15.5.5 the conduct, whether online or offline, of any user of Our Website or the Services;
15.5.6 failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
15.6. We shall not be liable to you for any loss or expense which is:
15.6.1 indirect or consequential loss; or
15.6.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
15.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
15.8. If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
You, as the Customer, utilising the Hade platform, herewith confirm and agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
16.1. all information provided to Hade, and which is to be utilised on the Hade platform, is accurate, true and correct;
16.2. You, as the Customer, have the necessary authority of the executor and/or the heirs, as the case may be, to provide the information and/or images to be published on the Hade platform, as well as the permission and the consent to provide information and/or images relating to any third parties;
16.3. You, as the Customer, hereby indemnify and hold Hade harmless, as the service provider of this platform, against any and all claims which may arise against Hade as a result of the information and/or images provided to and published by Hade. In this regard, You, as the Customer confirm that, should it be necessary for Hade to incur any costs in respect of any such claim, including attorneys’ fees, You, as the Customer, shall reimburse Hade for any such expenses and costs whatsoever in nature;
16.4. all information and/or images provided by you to Hade, will be approved at Hade’s sole discretion, and even after such approval, may be removed by Hade, at Hade’s your sole discretion, at any time.
16.5. your failure to comply with the law of any country;
16.6. your breach of this agreement;
16.7. any act, neglect or default by any agent, employee, licensee or Customer of yours;
16.8. a contractual claim arising from your use of the Services;
16.9. a breach of the intellectual property rights of any person;
17.1. You undertake to provide to us your current land address, e-mail address and telephone numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract
17.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.4. If you are in breach of any term of this agreement, we may:
17.4.1 terminate your account and refuse access to Our Website;
17.4.2 remove Content or cancel any order at our discretion;
17.4.3 issue a claim in any court.
17.5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
17.6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
17.7. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control,
17.8. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
17.9. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.
Last updated: 15July, 2021
Hade will not sell your information to third parties in line with the Protection of Personal Information Act (Popia), 4 of 2013
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Privacy Policy:
· Account means a unique account created for You to access our Service or parts of our Service.
· Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
· Application means the software program provided by the Company downloaded by You on any electronic device, named Hade
· Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Hade.
· Country refers to: South Africa
· Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
· Personal Data is any information that relates to an identified or identifiable individual.
· Service refers to the Application.
· Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
· Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
· Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
· You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
The Company may use Personal Data for the following purposes:
We may share your personal information in the following situations:
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, You can contact us.