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MAPO Terms and Conditions
DISCLAIMER
PLEASE NOTE: This data file and the content from the API can be traced back to the original purchaser. This file and data content is protected under the Copyright Act of 1976 and all other applicable international and local laws, and all rights are reserved, including resale rights: you are not allowed to give or sell this file or its content to anyone else. If you received this file or data content from anyone other than Mapo, you’ve received a pirated copy. Please contact us via e-mail at info@mapo-int.com and notify us of the situation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, Mapo assumes no responsibility therefore. The information is provided 'as is' without warranty of any kind. Mapo does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained in this API data file. Mapo shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this data, or from your use of (or failure to use) the information.
DURATION
This Agreement will continue for a minimum of 12 calendar months, and will then continue indefinitely until it is terminated on the expiry of not less than 3 months’ written notice given by either party to the other.
MAPO may discontinue developing, producing, licensing, or distributing all or any of the Software products and/or any services in relation to the Software, and may modify, update and issue new releases and new versions of the Software and Error Corrections, at its discretion, at any time.
PAYMENT TERMS
Internet Software: The Software is a password protected run time package. Upon accepting these terms, MAPO will provide End User with username/password allowing access to Internet based service. End User will be invoiced for the full subscription of 12 months. Payment of invoice payable within 30days of receipt (1 calendar month).
The API Solution: Data can be purchased on a pre-paid service. Calculate the data required and purchase credits to what you require. 1 Credit = 0.01 of the Local currency (1x Credit = R0.01 in South Africa). Credits do not grow in interest, and non-refundable if not used. Unsuccessful queries are charged at 0 Credits.
The End User will pay a subscription fee calculated in accordance with the MAPO product price list. Such price list will be updated from time to time and MAPO will provide the End User with 14 (fourteen) days written notice of any amendments. All prices may escalate on an annual basis effective 1 December of each year and on the anniversary of such date thereafter for the duration of this Agreement.
INTELLECTUAL PROPERTY RIGHTS
The End User acknowledges that all Data and Intellectual Property Rights in the Software, in the Marketing Materials, in the Trade Marks, in the User Documentation and in the Technical Documentation relating to the Software, as between the End User and MAPO, are and will remain MAPO’s property.
The End User shall not supply or sell any of the Software or Data within to anyone or allow anyone to access the Software by any means. Keep confidential, and not use for any purpose except exercising its rights and performing its obligations under this Agreement, the Technical Documentation and any information relating to the Software and data within, and any information about MAPO's business, its financial affairs, its methodologies, strategies, plans, technology or its customers or licensees.
END USER OBLIGATION
During the term of this Agreement, until the expiry of the period specified and after the termination, the End User will at all times observe and perform the terms and conditions of this Agreement and, in particular, the End User will:
Conduct its business in a manner that will reflect favourably on the Software and on the good name and reputation of MAPO; not by itself, or with others, participate in any illegal, deceptive, misleading or unethical practices, including, but not limited to, disparagement of the Software or MAPO, or engage in other practices which may be detrimental to the Software or MAPO.
Not alter, obscure, remove, interfere with or add to any of the Data, trademarks, trade names, markings or notices affixed to, or contained in, the Software. Not sell or distribute copies of the Software or data within for use in, or in association with, safety critical applications such as, without limitation, client management systems, dealer management systems, fleet management systems, insurance systems, dealer networks, OEM management systems or applications of vehicles or equipment; and not incorporate or integrate any of the Software or data within in or with any hardware or other software for the purpose of resale without the consent of MAPO.
MAPO OBLIGATION
Provide non-interrupted service to subscriber as per product description, and provide support service and training on the software. We will also at all times comply with all laws pertaining to service provision.
WARRANTIES AND LIABILITY
The End User acknowledges that the Software is complex and that the Software may have certain defects when delivered. The End User agrees that MAPO's sole liability, and the End User’s sole remedy if there is any bug, fault or error in any copy of the Software is to have first-line support and error rectification in accordance with this End User Licence.
MAPO will not be liable to the End User for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if MAPO had been advised of, or knew of, the likelihood of that loss or type of loss arising.
Because of the uncertainty of future events and circumstances MAPO does not guarantee that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and the End User acknowledges that MAPO gives the same to address specific circumstances at the time. All information which MAPO supplies is supplied in good faith, but the accuracy and completeness of any information obtained from, or based on, information obtained from any End User or any third party is not warranted by MAPO. It is not within the scope of MAPO’s obligations to enquire as to, or to verify, the accuracy or completeness of that information.
The Software has been developed for use with the specified Equipment. MAPO will not be liable for any failure of the Software or implementation of API data to operate with any hardware, software, or operating system except the Equipment or for any degradation in performance or reduction in functionality caused by the use of the Software with any other equipment, software or operating system.
Because of the nature of software, MAPO does not warrant that the Software will be error free or that it will run without interruption, or that every error, defect, bug or deficiency can be or will be corrected.
The End User warrants that it has not been induced to enter into this Agreement by any representation or by any warranty (whether oral, or in writing) except those specifically set out in this Agreement as warranties.
DELAYS
Despite anything else contained in this Agreement, MAPO will not be liable for any delay in performing or failure to perform its obligations caused by circumstances beyond its control (including, without limitation, any act or omission on any End User’s part or on the part of any third party, and any bug, defect, error, fault or deficiency in any software or data not provided by MAPO or developed by or on behalf of any End User, or in any equipment), and MAPO will be granted a reasonable extension of time for the performance of its obligations.
LAW
This Agreement and its validity are governed by, and this Agreement is to be construed in accordance with, the laws of Local Government. The End User agrees to submit to the jurisdiction of the Local Government Courts or any other courts of MAPO's choosing. Where the End User is outside the jurisdiction of Local Government Courts, the End User’s address for service in Local Government is set out in the Schedule.
ACCEPTANCE
I hereby confirm that the information provided by me on this registration at Mapo Software Solutions Pty Ltd application form is to the best of my knowledge true. I consent to this information being verified and accept the terms and condition stipulated in this document.