TASK TEAM - Stay Focused. BE Productive.

READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE MOBILE APPLICATION. YOUR CONTINUED USE OF THE MOBILE APPLICATION INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS OF SERVICE. YOU CANNOT USE THE MOBILE APPLICATION IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE. ALL SECTIONS OF THESE TERMS OF SERVICE ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

1. Introduction
   1. The Mobile Application though which the Mobile Application Services are provided is operated and/or owned by TASK TEAM SOLUTIONS (Pty) Ltd t/a TASK TEAM (bearing registration number: 2021/780267/07) (hereinafter referred to as "TASK TEAM SOLUTIONS", "we", “our" or "us"). The Terms of Service are entered into by and between us and the User. Any reference to "TASK TEAM SOLUTIONS ", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
   2. Accessing and/or use of the Mobile & Web Application after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms of Service, in your individual capacity and for and on behalf of any entity for whom you use the Mobile & Web Application. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
   3. These Terms of Service, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to any User who uses the Mobile & Web Application Services, accesses, refers to, views and/or downloads any information or material made available through the Mobile Application for whatever purpose (hereinafter referred to as “User”, "you", "your", “he”, “she”, “his”, “him” or “her”).
   4. To the extent permitted by applicable law, we may modify the Terms with prospective effect with an email being sent to you once same have been effected and uploaded onto the Mobile & Web Application. Such modifications will be accepted by you through your continued use of the Mobile & Web Application, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Mobile Application.
   5. Different parts of these Terms apply to different Users of the Mobile & Web Application. In view of the variety of Users of the Mobile Application, you are required to read and agree to those aspects of these Terms that apply to you.


2. Terminology
   In these Terms and Conditions:
   1. clause headings are for the convenience and are not to be used in its interpretation;
   2. unless the context indicates a contrary intention, an expression which denotes:
      1. any gender includes any other gender;
      2. a natural person includes a juristic person and vice versa; and
      3. the singular includes the plural and vice versa;
   3. the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings:
      1. “Company” shall mean TASK TEAM SOLUTIONS (Pty) Ltd t/a TASK TEAM (bearing registration number: 2021/780267/07) a private company duly incorporated in accordance with the company laws of South Africa and having its registered address at KZN, South Africa, email address: support@taskteamapp.com;
      2. “Login Details” shall mean the Party’s unique username and password used to access the Mobile & Web Application;
      3. “Losses” shall mean all losses (including, but not limited to, those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines or penalties levied as a result of non-compliance with applicable law, damage, claims, loss of profit, or business, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties) whether based in contract, delict or otherwise, including negligence, whether indirect, special, incidental or consequential damages;
      4. “Mobile & Web Application” shall mean the application as operated under licence, hosted and managed by the Company through which the Services are offered;
      5. “Mobile & Web Application Services” shall mean the services provided by the Company to the User as set out more fully in clause 5 below;
      6. “Party” or “Parties” shall mean either the Company or the User alternatively both, as the context implies;
      7. “Personal Information” shall mean the Personal Information as required from a User or Team Member in order to make use of the Services;
      8. “Posted Content” shall mean any text, images, projects, tasks, meetings, timesheets or other material, including a User’s projects and tasks information which a User may choose to display on the Mobile & Web Application;
      9. “Registration Process” shall mean the process to be followed on the Mobile & Web Application by a potential User in order to enable them to make use of the Mobile & Web Application Services;
      10. “Services” shall mean both Mobile & Web Application Services and User Services;
      11. “Subscription Fees” shall mean the amount that the Company charges the Individual and Multi User Accounts for rendering the Mobile & Web Application Services and which may be paid monthly or annually in advance, which amount is referred to on the Mobile & Web Application;
      12. “User Services” shall mean the services made available by one User to another User, also known as a Team Member, by means of Posted Content on the Mobile & Web Application;
      13. “Users” shall mean a person or entity or team member that has Posted Content on the Mobile & Web Application; and
      14. “Terms” shall mean this Terms of Service as read together with the Privacy Policy, which may be found here.
   4. If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Terms and Conditions.
   5. Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.
   6. To the extent of any inconsistency unless expressly provided otherwise herein clause headings are for the convenience and are not to be used in its interpretation.


3. Your agreement to these Terms
   1. Subject to, and on the basis of a User’s acceptance of these Terms and Conditions, the Company grants the User a limited, revocable, non-transferable right to access and use the Mobile Application in accordance with these Terms and Conditions.


4. Commencement and Duration
   1. Save for what is stated in clause 19 below, the Terms shall commence on the Effective Date and endure until either Party elects to terminate same for any reason or no reason at all.


5. Mobile & Web Application Services
   1. The Company shall provide the following Mobile & Web Application Services to a User in order that, a User may make use of the User Services; and
   2. All Users will be required to register on the Mobile & Web Application and make payment of any and all initial Subscription Fees before having access to or using the Services


6. Registration Process
   1. In order to access the Mobile & Web Application Services, a potential User will through the Registration Process, be prompted to provide log in details as well as submit certain personal information which is set out in more detail in the Privacy Policy.


7. User Tiers
   1. During the Registration Process a User may select whether it would like to subscribe for the Mobile & Web Application Services as an Individual User or a Team Account User.
   2. an individual User shall be required to make payment of the Subscription Fee set out in the Registration Process, however shall be limited to one user only;
   3. a Multi User Team Account shall be required to make payment of the Subscription Fee set out in the Registration Process and may register multiple Team Members, according to the selected subscription account type.


8. Subscription Fees
   1. We are committed to providing secure online payment facilities through our partner app stores. All payments are encrypted using appropriate encryption technology.
   2. Payment of the Subscription Fees may be made through either Google Pay or Apple Pay for Mobile and Payfast for Web, as required
   3. Users are encouraged to consult either the Google Pay or Apple Pay or Payfast websites to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through these payment gateways.
   4. The Subscription Fees shall be payable monthly in advance, on the same date each month that the Subscription Fees were first paid, in order that a User may make use of the Services.
   5. In the event of the User being one that provides User Services, we shall block the Posted Content for 1 (one) week after due date of the Subscription Fees, whereafter the User will be removed from the Mobile & Web Application.
   6. Should payment not be received by the main User on the date that they fall due, the User and Team Members will not be able to access the Services
   7. Upon receipt of payment of the first Subscription Fee the User will be able to download the Mobile Application from an application store and immediately avail themselves of the Services or visit the Web Application online.


9. No Warranties.
   1. This Mobile & Web Application is provided “as is,” with all faults, and the Company expresses no representations or warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement.
   2. Without limiting the generality of the foregoing, the Company makes no warranty that the Mobile & Web Application will meet a User’s requirements, or that the Mobile Application will be uninterrupted, timely, secure, error free or that defects in the Mobile & Web Application will be corrected.
   3. The Company cannot guarantee or warrant that any file downloaded from this Mobile & Web Application or delivered to a User will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.
   4. The Company cannot be held liable for any inaccurate information contained on the Mobile & Web Application, other than the Company’s own.


10. Warranties by the User
    1. The User and Team Members warrants and represents that the information provided to the Company is and shall remain accurate, true and correct and that the User or Team Member will update the information held by us to reflect any changes as soon as possible.
    2. Any User registering on the Mobile & Web Application on behalf of any entity or Team Member warrants that such User will be taken to have represented to us that it has the authority to act on behalf of the entity or Team Member, and that these Terms and Conditions will be binding on the User.
    3. The User further warrants that when registering on the Mobile Application it:
       1. is not impersonating any person or entity;
       2. is not violating any applicable law regarding use of personal or identification information;
       3. is authorised to create an account; and
       4. will provide, on demand from us verification of such User’s credentials in such form as required by us.


11. Protection of Personal Information
    1. We undertake as far as is possible, to protect each User’s Personal Information in accordance with our Privacy Policy, except as may be necessary in order to perform all such Mobile & Web Application Services as required in respect of the Terms.


12. Posted Content
    1. The Company reserves the right to remove any of a User’s Posted Content from the Mobile & Web Application at any time without notice.
    2. A User warrants that:
       1. Posted Content uploaded by it (including, without limitation, all rights to the reproduction and display of such Posted Content) are obtained by the User or Team Member or, alternatively, all necessary rights in and to such Posted Content providing the rights in and to such Posted Content have been obtained;
       2. all necessary license fees, and other obligations, of any kind, arising from any use or commercial exploitation of the Posted Content have been paid prior to it being uploaded to the Mobile & Web Application;
       3. Posted Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
       4. the Posted Content does not incorporate materials from a third party website, or addresses, email addresses, contact information, or phone numbers (other than a User’s own);
       5. the Posted Content does not contain any malware, viruses, worms, spyware, adware, or other potentially damaging programs or files; and
       6. the Posted Content does not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party.
    3. The Company shall not be held liable or responsible for any loss, theft, damage or misuse of the User’s copyright material in respect of the Posted Content.


13. Intellectual Property Rights
    1. Other than the content a User owns and may be required to upload to the Mobile & Web Application, or otherwise stipulated, the Company and/or the Company’s licensors own all the intellectual property rights and materials as are contained on this Mobile & Web Application.
    2. None of the contents of the Mobile & Web Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, and further, should such consent be provided, we reserve the right to withdraw such consent at any stage, in our sole and absolute discretion.
    3. A User is granted a limited right only for purposes of utilising this Mobile & Web Application.
    4. A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Mobile & Web Application, including any algorithm used by the Company.
    5. The Company is licensed to use all intellectual property on the Mobile & Web Application, with the exception of the User’s Posted Content, which shall remain that of the User uploading such content, but which a User gives the rights to the Company to use in accordance with the rights above. A User may not use any of the Company’s intellectual property for any purpose other than as may be required to use the Mobile & Web Application for its intended purpose.
    6. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Mobile & Web Application, and the Company may, at their sole discretion, remove any infringing content if the Company is of the view that such content infringes on another's intellectual property rights or the Company’s.


14. Restrictions
    1. A User may not:
       1. publish or mirror any of the Mobile & Web Application’s material in any media whatsoever;
       2. use the Mobile & Web Application for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
       3. take any action that imposes an unreasonable or disproportionately large load on the Mobile & Web Applicant’s infrastructure, including spam or other unsolicited mass e-mailing, or mass messaging techniques;
       4. use the Mobile & Web Application in any manner would result in another User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;
       5. mislead or deceive others through any act or omission or make a false representation about a User’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
       6. conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
       7. copy, collect or save information about other Users;
       8. introduce any malware, virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment relating to the Mobile & Web Application or to other Users;
       9. stalk or harass anyone;
       10. attempt to disrupt or interfere with the Mobile & Web Application Services as delivered through the Mobile & Web Application;
       11. use the details of other Users for anything other than the use expressly permitted by those Users;
       12. download, access, use, harvest or download in bulk User details;
       13. pass on a User’s Login Details to anyone other than the authorised user of that account;
       14. remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Mobile & Web Application;
       15. use the Mobile & Web Application contrary to applicable laws and regulations, or in any way may cause harm to the Mobile & Web Application, or to any person or business entity;
       16. use this Mobile & Web Application to engage in any advertising or marketing other than in a manner expressly permitted by the Mobile & Web Application;
       17. crawl, spider or scrape the content of the Mobile & Web Application, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Mobile & Web Application; or
       18. provide unauthorised interfaces to the Mobile & Web Application.
    2. The Users further may not offer as part of their User Services:
       1. prostitution or human trafficking;
       2. pornographic materials;
       3. items which may be contraband based on lockdown restrictions currently in place at that time; and/or
       4. any materials prohibited by national, provincial or local law.
    3. The Users understand and agree that they are solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the Mobile Application.
    4. Certain areas of this Mobile & Web Application are restricted from being accessed by a User, and the Company may further restrict access by a User to any areas of this Mobile & Web Application, at any time, in its absolute discretion. Any User log in details a User may have for this Mobile & Web Application are confidential and a User must maintain confidentiality as well.


15. Users’ relationship with the Company
    1. The Company is not a party to the dealings between the Users, including the contracting of a User to perform User Services.
       1. The Company merely facilitates the interactions of the Users in order that they may enter engage themselves. As such, the Company does not act as agent or principal of any of the Users.
       2. In the event that one User chooses to engage with another in respect of the provision of User Services this will be without any input from the Company, save that the introduction was facilitated through the Mobile & Web Application.
       3. As the Company is not a party to any negotiations or agreement entered into between Users we shall not be liable for any Loss or damage that may result from any dealings between Users.
       4. It is the User’s responsibility to negotiate the terms of the User Services with each other.
       5. The Company does not direct, have any control over, nor make any representations in relation to, guaranteeing the quality of the User Services, nor the truth or accuracy of any User profile, the ability of Users to pay for User Services, or that a User can or will complete any transaction or a portion thereof.


16. Non-Exclusivity of Mobile & Web Application Services
    1. It is recorded that the Company shall provide the Mobile & Web Application Services to more than one User, and as such, no single User shall have any right or entitlement to any exclusivity to the Mobile & Web Application Services or User Services.


17. Links to websites
    1. In making use of the Mobile & Web Application and the Mobile & Web Application Services there may be advertisements and promotions offered by third parties, together with links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.


18. Limitation Of Liability
    1. The Company only provides the Mobile & Web Application on which Users make first contact with each other, and so, to the fullest extent permitted by law, the Parties agree that the Company shall not be liable for any Losses however arising and whatever the cause in respect of one User’s relationship with another, even in instances where the Company was informed of the possibility of such Losses being cause, including, but not limited to, Losses arising as a result of misconduct, negligence and/or gross negligence.
    2. Notwithstanding the foregoing, should the Company not be permitted to lawfully limit its liability as referred to in clause 18.1 above, the Company’s aggregate liability for Losses arising out of or in connection with the Mobile & Web Application Services, shall be the Subscription Fees as charged by the Company in respect of a User.
    3. Neither Party will be liable to the other Party, or to any cessionary or third party claiming through or on behalf of a Party, for any punitive, indirect, special or consequential damages whatsoever, arising out of or related to these Terms of Service.


19. Breach
    1. If any Party commits a breach of these Terms and Conditions and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel these Terms and Conditions and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.


20. Dispute Resolution and Mediation
    1. Save as otherwise contained herein, should any dispute arise between the Parties in connection with these Terms, our senior representative together with the User shall attempt on the basis of good faith to settle such dispute by way of negotiation.
    2. If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.
    3. If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 21 (twenty one) days after such appointment then any Party may give written notice to the other Party referring the dispute to arbitration in accordance with the provisions of this clause 20.
    4. The arbitration shall be:
       1. held in Kwa-Zulu Natal;
       2. conducted in the English language;
       3. held before a single arbitrator;
       4. subject to the provisions of this clause 20, conducted in accordance with the Arbitration Foundation of Southern Africa (AFSA) Rules; and
       5. held as soon as is reasonably practicable in the circumstances and with a view to it being completed within 21 (twenty one) days of the date of the Arbitration Notice.
    5. The arbitrator shall be if the question in issue is:
       1. primarily an accounting matter, an independent accountant advocate with no less than 10 (ten) years' experience, agreed upon between the Parties;
       2. primarily a legal matter, an independent practicing senior advocate with no less than 10 (ten) years' standing, agreed upon between the Parties; and
       3. any other matter, a suitably qualified independent person, agreed upon between the Parties.
    6. If the Parties cannot agree upon a particular arbitrator under the provisions of clause 20.5 within 7 (seven) business days after the arbitration has been demanded, the nomination shall be made by the President for the time being of the South African Institute of Chartered Accountants, within 7 (seven) days after the Parties have so failed to agree.
    7. The arbitrator shall determine which Party shall pay the costs of and incidental to the arbitration or, if more than 1 (one) Party is to contribute, the ratio of their respective contributions, and the scale on which such costs are to be paid.
    8. Subject to each Party’s rights of appeal and review, in accordance with the AFSA Rules, the Parties irrevocably agree that the decision of the arbitrator shall be final and binding on them, shall be carried into effect, and shall be capable of being made an order of any court of competent jurisdiction.
    9. The provisions of this clause 20:
       1. constitute irrevocable consent by the Parties to any proceedings in terms of this clause 20 and no Party shall be entitled to withdraw therefrom or claim at any such proceedings that it/he/she is not bound by such provisions;
       2. are severable from the rest of the Terms and shall remain in effect despite the termination, or invalidity for any reason, of these Terms; and
       3. shall not preclude any Party from obtaining interim relief on an urgent basis from any court of competent jurisdiction pending the decision of the arbitrator.
       4. This clause shall be severable from the rest of these Terms and therefore shall remain effective between the Parties after the Terms have terminated.


21. Survival
    1. Clauses which out of necessity or by implication herein survive termination of these Terms and Conditions, shall remain in full and effect despite the termination hereof.


22. Whole Agreement
    1. These Terms and Conditions, in conjunction with the Terms constitute the whole agreement between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.


23. Notices and Domicilium
    1. The Parties choose as their domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms and Conditions, the address recorded in clause 2.3.1 above in respect of the Company, and the address provided when subscribing to the Mobile Application by the User.
    2. Any notice given in terms of these Terms and Conditions shall be in writing and shall:
    1. if delivered via email, on the date of dispatch;
    2. if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; and
    3. if delivered by an internationally recognised courier service, be deemed to have been received by the addressee 3 (three) business days after despatch.
    3. Notwithstanding anything to the contrary contained in these Terms and Conditions, a written notice or communication actually received by a Party from another shall be adequate written notice or communication to such Party.


24. Assignment
    1. The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification. However, a User is not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms and Conditions.


25. Governing Jurisdiction
    1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
    2. To the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the Western Cape High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms.