MONICAL (App)

Introduction
1. This mobile application (the “mobile application”) can be accessed through Google Play Store or the iOS App Store and is owned and operated by Monical System (“MonicalSystems ”, “we”, “us” and “our”).
2. These mobile application Terms and Conditions (“Terms and Conditions”) govern the the use of the mobile application.
3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this mobile application (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the mobile application and by clicking on the “Register Now” button on the mobile application, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. The mobile application enhances the security of users.
Registration and use of the mobile application
1. Only registered Monical System clients and immediate family member may use this app.
2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Monical System. You will need to use your unique username and password to access the mobile application and you will need to enter your Monical System account number to access the app.
3. You agree and warrant that your username and password shall:
  1. be used for personal use only; and
  2. not be disclosed by you to any third party.
4. For security purposes you agree to enter the correct username and password, failing which you will be denied access.
5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for an emergency callout.
6. You agree to notify Monical System immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
7. By using the mobile application you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the mobile application only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the mobile application. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the mobile application or the information contained herein, without the prior written consent from an authorised Monical System representative (such consent is deemed given for standard search engine technology employed by Internet search mobile applications to direct Internet users to this mobile application).
9. You may not use the mobile application to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
10. You may not in any way display, publish, copy, print, post or otherwise use the mobile application and/or the information contained therein without the express prior written consent of an authorised Monical System representative.
Errors
1. We shall take all reasonable efforts to accurately to maintain the mobile application. However, should there be any errors of whatsoever nature on the mobile application (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating on any error.
2. Monical System shall not be bound by any incorrect information displayed.
Privacy policy
1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
2. Should you decide to register as a user on the mobile application, we may require you to provide us with personal information which includes but is not limited to -
  1. your name and surname;
  2. your email address;
  3. your physical address;
  4. your gender;
  5. your mobile number; and
  6. your date of birth.
3. Should your personal information change,you can update it on the application under the user profile section.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Subject to clause 14.6 below, we will not, without your express consent:
  1. use your personal information for any purpose other than as set out below:
    1. to assist with an emegency
  2. disclose your personal information to any third party other than as set out below:
    1. to our employees and/or third party service providers who assist us to interact with you via our mobile application, email or any other method.
    2. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Monical System is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
7. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
8. We will -
  1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
  2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  3. provide you with access to your personal information to view and/or update personal details;
  4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
9. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10. Monical System undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
11. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
Changes to these Terms and Conditions
1. Monical System may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes.
2. Any such change will only apply to your use of this mobile application after the change is displayed on the mobile application. If you use the mobile application after such amended Terms and Conditions have been displayed on the mobile application, you will be deemed to have accepted such changes.
Electronic communications
1. When you visit the mobile application or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 14 above.
Ownership and copyright
1. The contents of the mobile application, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this mobile application (“mobile application Content”) are protected by law, including but not limited to copyright and trade mark law. The mobile application Content is the property of Monical Systems, its advertisers and/or sponsors and/or is licensed to Monical System.
2. You will not acquire any right, title or interest in or to the mobile application or the mobile application Content.
3. Any use, distribution or reproduction of the mobile application Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any mobile application Content contact us via email at info@monical.co
4. Where any of the mobile application Content has been licensed to Monical System or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Disclaimer
1. The use of the mobile application is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the mobile application or reliance on any information on the mobile application.
2. Monical System disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the mobile application and/or any content therein unless otherwise provided by law.
3. Any views or statements made or expressed on the mobile application are not necessarily the views of Monical System, its directors, employees and/or agents.
4. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Monical Systems also makes no warranty or representation, whether express or implied, that the information or files available on the mobile application are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Monical System, its employees, agents or authorised representatives. Monical System thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the mobile application.
Third Party mobile applications, your use of such Third Party mobile applications is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party mobile applications or your reliance on any information contained thereon.
Limitation of liability
1. Monical System cannot be held liable for any inaccurate information published on the mobile application, save where such liability arises from the gross negligence or wilful misconduct of Monical System, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@monical.co
2. Monical System SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE mobile application OR THE CONTENT CONTAINED IN THE mobile application; OR YOUR INABILITY TO USE THE mobile application, AND/OR UNLAWFUL ACTIVITY ON THE mobile application AND/OR ANY LINKED THIRD PARTY mobile application.
3. YOU HEREBY INDEMNIFY Monical System AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS mobile application AND/OR ANY LINKED THIRD PARTY mobile application.
Availability and termination
1. We will use reasonable endeavours to maintain the availability of the mobile application, except during scheduled maintenance periods, and are entitled to discontinue providing the mobile application or any part thereof with or without notice to you.
2. Monical System may in its sole discretion terminate, suspend and modify this mobile application, with or without notice to you. You agree that Monical System will not be liable to you in the event that it chooses to suspend, modify or terminate this mobile application.
3. At any time, you can choose to stop using the mobile application, with or without notice to Monical Systems.
Information
1. For the purposes of the ECT Act, Monical System’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the mobile application:
  1. Full name: Monical System
  2. Phone number: 0794274270
  3. Official email address: info@monical.co
General
1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
2. Any failure on the part of you or Monical System to enforce any right in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
6. These Terms and Conditions contain the whole agreement between you and Monical System and no other warranty or undertaking is valid, unless contained in this document between the parties.