Terms and Conditions

Terms & Conditions

By using this Website and subscribing to use this Application, you agree to be bound by these terms and conditions and also by the Disclaimer in clause 15. Irrespective of how you were introduced to this Application, the agreement to use the Application is between you and (SWX DPO (Pty) Ltd (referred to as “iFileMe”).

This Application enables companies and individuals to facilitate the sharing and updating of personal documents and Personal Information.

1. Account Activation and Maintenance

In order to use the Application, you must:
  • Be at least 18 years old;
  • Have authority to bind a company or other entity to contracts (if you are subscribing on behalf of such company or entity);
  • Register an Account by providing complete, accurate and true billing and contact information;
  • Pay for the Application (if you are subscribing on behalf of a company);
  • Agree to these Terms of Use.

When you subscribe to the Application, you are making an offer to iFileMe who in its sole discretion may accept or decline the offer. The autoresponse sent to you after you have subscribed does not establish an acceptance of your offer.

A binding agreement comes into force between you and iFileMe when it has notified you that it has accepted your offer and that it will give you access to the Application.

Upon registration of an Account, you:
  • Must choose a username and password for all Users of the Application;
  • Must maintain the confidentiality of the username and password;
  • Must report unauthorised use or suspected compromise of the username and/or password to iFileMe;
  • Accept responsibility for all actions carried out with the usernames and passwords of your Users and iFileMe may assume that any actions carried out were done with your authorisation.

2. Term

The Term starts when you subscribe to the Application and continues for as long as you use and pay for its use.

3. Grant of Rights

This Website provides you with information regarding SWX DPO (Pty) Ltd and the iFileMe Application. You may browse, view, copy and download content from the Website when investigating this Application but you may not use this content for commercial purposes to compete with iFileMe. You may complete the sales Process, communicate with iFileMe through the Website, use the Application and the documents the Users shared with you. You have the right to review and correct the Personal Information that you have submitted to the Website when creating your Account. You have the right to update any documents you have uploaded to the Application to ensure they are accurate.

4. API – can be provided on request

Access to the Application via API may be provided upon request. However, any use of the API is bound by these Terms of Service and the following:

5. Payment and Pricing

The debit order will be Processed monthly in advance. After signing up to use the Application, a pro rata payment for that month’s use will be deducted via debit order. However, you may start using the Application immediately pending the payment.

Your continued use of the Application depends on the monthly debit order being successfully Processed.

You agree to be responsible for paying the monthly fees even if you don’t actively use the Application.

If any payment has not been received, your access to the Application will be suspended. If you do not rectify this suspension within 7 days, your access will be permanently revoked and you will no longer have access to the documents you have stored via the Application. Should you want to reinstate your use, you must pay all outstanding amounts. See clause 7 that sets out Suspension and Cancellation terms.

The fees for the use of the Application are agreed between you and iFileMe at the start of the service and will continue for one year thereafter. The fee may be renegotiated at the anniversary of the start date and shall be market related.

6. Invoices

Upon subscription and monthly thereafter, iFileMe will send you an invoice for the subscription fees due for the following month. The currency used on the invoices will be US$.

7. Suspension and Cancellation

Either You or iFileMe may end this Agreement at any time and for any reason by giving written notice to the other Party. Your subscription will end on the last day of the next calendar month and you will be obliged to pay for your subscription until the end of the notice period. On the last day of your subscription (i.e. the notice period), iFileMe will:

iFileMe may in its sole discretion temporarily suspend or terminate your access to the Application if:

iFileMe reserves the right to institute criminal action against you for any illegal use of the Website and/or the Application.

8. Refund Policy

If after using the Application you discover it does not meet with your expectations and/or requirements, you may cancel this agreement in terms of clause 7. However, no refunds will be given for the period you used the Application.

9. Privacy Policy of this Website

Purpose of Collection of Personal Information iFileMe Processes your Personal Information when you register an Account. iFileMe also Processes the Personal Information of your Third Parties but undertakes to only carry out specific operations on your instructions. E.g. we will not consult, share or destroy Personal Information unless you have instructed us to do so. You agree that you have uploaded your Personal Information (and the Personal Information of your Third Parties) voluntarily and that iFileMe may Process it on your behalf.

When using the Application, you are Processing the Personal Information of Third Parties e.g. your clients. This includes collecting, receiving, storing and sharing documents. You therefore have the responsibility to notify the Third Parties of this and to obtain their consent or to justify your Processing as allowed by privacy legislation.

You indemnify iFileMe of any claims by other Users or Third Parties, that iFileMe is Processing the information and documents you uploaded to the Application without their consent or justification. Should you upload Personal Information of Third Parties to the Application, you hereby authorise iFileMe to Process such Personal Information. You further warrant that you have the necessary consents or authority of Third Parties to upload their Personal Information.

iFileMe will Process the Personal Information on your behalf until you delete your Account. See clause 7 about what happens to the data you stored in the Application.

iFileMe Processes Personal Information for the following reasons:

Minimality
iFileMe will Process only your Personal Information that is necessary for the performance of any contractual obligations in terms of this Agreement and to enable you to use the Application to its fullest extent. However, you are responsible to ensure that you only request minimal Personal Information from your Third Parties.

The privacy of your Personal Information
iFileMe will never disclose your Personal Information or the Personal Information of your Third Parties unless required by a warrant of execution or upon your instruction. We will not sell, distribute or lease the Personal Information to other parties unless we have your permission.

Use of cookies

Retention of Records

Information Quality

Openness
Provision of Personal Information to the Application is voluntary but incomplete and inaccurate Personal Information may lead to you not being able to fully use the Website and/or the Application.

Security Safeguards

Individual Participation
You may request iFileMe for access to any Personal Information belonging to you that is in its possession, but iFileMe must authenticate the requester before giving out any Personal Information.

Transborder flows of Personal Information Since the Website and Application is hosted in the United Kingdom, you hereby consent that the Personal Information you upload to the Application for Processing, may be stored beyond your country of residence. If you will be uploading any Personal Information from Third Parties to the Application, you undertake to notify and obtain the consent of those Third Parties for the transborder flows of their Personal Information.

10. Prohibitions

You must NOT do the following:

11. Technical Support

Technical support is only available if your subscription payments are up to date and is only available via email. Send a support request to info@ifileme.com. All support requests will be attended to within 8 hours of receipt.

12. Notification of Security Breach

If a security breach should occur that may affect the Application, iFileMe will notify you of the breach and describe what happened. In the event that Personal Information is suspected of being compromised, iFileMe will notify you that you need to forward the information to any Third Party that may be affected.

13. Complaints and Disputes

You may complain to iFileMe about the service you received. iFileMe undertakes to resolve disputes internally as far as practically possible. You may lay your complaint by emailing the Customer Relations Department at email addresss: info@ifileme.com.

14. Intellectual Property Rights

The structure, organisation and content of the Website and Application are protected by law, including without limitation the copyright laws of the Republic of South Africa and by international treaty provisions.

iFileMe either owns or has been licensed to use the copyrights and trademarks in this Website and Application. This Agreement does not grant you any intellectual property rights in the Website and trademarks. iFileMe reserves all rights not expressly granted.

You may not make a copy of this Website and/or the Application or reverse engineer the Application. Breach of this clause is a criminal offence. Should you upload any documents to the Application that contain Intellectual Property owned by you, you retain the ownership in that Intellectual Property.

15. Disclaimer and Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use or inability to use the Website and/or the Application. iFileMe will not be liable for direct or indirect damage that might arise from the use of the Website and/or the Application nor the damage to property or for personal injury or death due to the use and/or misuse of its Application.

iFileMe does not guarantee that the Website and/or the Application are free from malicious code such as viruses, worms and Trojan horses. You must take care of your own online safety and ensure that you have anti-virus protection on your computer. Should you use the Application, you must ensure that you have installed the most up-to-date version of the Application on your device.

iFileMe has not customised the Website and Application to suit your individual requirements and you must ensure that you use appropriate hardware and software to access this Website and/or the Application.

iFileMe does not accept liability for any submissions made in email communications by its employees, resellers and/or referrers that caused damage to you or to Third Parties.

iFileMe provides the Website and Application “as is” and iFileMe makes no warranty as to its use, availability or performance.

iFileMe does not guarantee that the Website and/or the Application are error-free.

iFileMe will not be legally responsible for any delays or failures in performance of any part of the Website and/or Application if the cause is beyond its control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

In case a court of law finds iFileMe liable for direct and/or indirect damage suffered, the damage shall be no more than the fees you paid us for the Service the previous month.

16. Accountability

You are responsible to ensure that everyone who accesses the Application by or through your Account, adhere to these terms of use and you are liable for their actions while using the Application.

17. Changes to Website and/or the Application

iFileMe reserves the right to amend any information about its Application on this Website. iFileMe may also amend the Application to improve functionality and security of the Application.

18. Electronic Communication

 

 

When iFileMe sends an email to you, it is deemed that you have received it when you are capable of downloading the email. When you send an email to iFileMe, it is deemed to have been received when iFileMe replies to the message.

You agree that all electronic agreements, invoices, notices, disclosures and other communications between iFileMe and you, satisfy any legal requirement that such communications be in writing.

19. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002

Full name and legal status of the Website Owner: SWX DPO (Pty) Limited Website address and email address: www.ifileme.com; info @ ifileme.com (please note that in order to prevent spam, we have inserted extra spaces before and after the “@” sign. When communicating with iFileMe, please delete those spaces from the email address or use our online form) Physical address and telephone number where services are rendered: Administrative services will be rendered from 17 Fraser Road, Somerset West, 7130. The Application is web based and the servers are located in Ireland.

Postal Address: 17 Fraser Road, Somerset West, 7130 Membership of any self-regulatory or accreditation bodies to which the Website Owner subscribes and its contact details: Not applicable.

Any code of conduct to which the Website subscribes: Not applicable.

 

Time within which services will be rendered: Unless otherwise agreed, the access to the Application will start on approval of your subscription to the Application. Record of the Transaction:. iFileMe will send you a record of your transaction along with your subscription and it will be available to view in your Account along with your monthly invoices; Physical Address where iFileMe will accept legal service of documents: 17 Fraser Road, Somerset West, 7130.

20. Governing Law

The Laws of the Republic of South Africa governs the interpretation and validity of this Agreement.

21. General

These terms of use form the whole agreement between the Parties and supersede all prior agreements, other representations and understandings. If a certain clause in this agreement is found not to be unenforceable, that clause will be removed but the rest of the terms will still be valid. Even if this agreement is terminated, the following clauses will continue to apply: Intellectual Property Rights, Disclaimer and Limitation of Liability, Governing Law and General.

22. Interpretation and Definitions clause

“Account” means the Account opened when you registered to use the Application and includes all details submitted by you to the Website such as Personal Information; “Application” refers to the document storage and sharing platform that is available as a service through this Website; “iFileMe” includes the directors, shareholders, employees, service providers and agents of SWX DPO (Pty) Limited; “Intellectual Property” refers to any copyrights, moral rights, goodwill, trade marks, source code, software applications, trade secrets or similar intellectual property rights; “Party/Parties” refers to either iFileMe or to you, the company who uses the Application for document storage, sharing and management; “Personal Information” refers to the Personal Information that submit to the Website and/or to the Application. This Personal Information may either belong to you personally or belong to Third Parties whose Personal Information is under your care. It may include the following types of information that you upload to the Website or that Third Parties may share with you:

“Process or Processing” means any operation or set of operations including collection, receipt, collation, storage, updating, modification, retrieval, consultation, use, distribution, merging, linking, restriction and destruction; “Term” means a monthly cycle and starts on the first of every month and includes the pro rata portion of the first month in which you subscribe to the Application; “Third Parties” refer to the individuals whose Personal Information and documents are stored in the iFileMe Application including those individuals who have uploaded their Personal Information to the Application themselves and those individuals whose Personal Information you have uploaded to the Application; “Website” refers to the official website address: www.ifileme.com “User” means the person or entity accessing this Website and who uses the Application for document management and document sharing purposes and includes the employees of such entities.

  • You agree that iFileMe shall not be liable for any direct, indirect, incidental or special damages including damage for loss of profits, goodwill, use, data or other intangible losses that resulted from your use of the Application through the API;
  • Abuse or excessively frequent requests to iFileMe via the API may result in the temporary or permanent suspension of your access to the API. DC may in its sole discretion determine abuse or excessive usage of the API but will attempt to warn you via email prior to suspension;
  • iFileMe reserves the right to modify or discontinue either temporarily or permanently, your access to the API upon notice.
    • permanently revoke your access to documentation uploaded by Users and Third Parties which they have shared with you; and/or
    • be entitled to destroy all data and documents you uploaded to the Application.
    • it suspects fraudulent or other criminal activity on your part while using the Website and/or Application; or
    • you have breached any of these terms; or
    • in case of non-payment for a period of 7 days; or
    • your conduct in any way negatively affects the rights and interests of iFileMe. In such circumstances, iFileMe will send you a suspension notice unless in its sole discretion it deems that such notice will lead to further damage and violation.
    • To make the Application available to you so you can receive, upload, use, store and share the Personal Information of Users and your Third Parties;
    • To gather non-personal statistical information about customers’ click patterns, interests, browsing habits and demographic information;
    • To send you special offers or notify you of promotions or new product launches;
    • For internal record keeping;
    • To improve our Application.
    • The Website uses cookies to identify you and to show you pages you may find useful based on your previous product interests. Basically, it allows the Website to respond to you as individual but it cannot steal information from you. It can only remember information that you voluntarily share with the Website.
    • You may disable the use of cookies in your browser.
    • You authorize iFileMe to retain records of Personal Information that you have uploaded to it.
    • You may update your Personal Information or the Personal Information of Third Parties at any time through the Website and/or Application.
    • iFileMe will destroy the record of Personal Information you have uploaded to the Application as soon as reasonably practical after you delete your Account.
    • However, iFileMe may keep record of your name and email address, which it reasonably requires for its operation or by law. iFileMe shall not retain any other Personal Information that it no longer requires for the performance of any contractual obligations in terms of this Agreement.
    • You must ensure that your Personal Information on record with iFileMe is complete, accurate and up to date.
    • You must ensure that your Third Parties provide accurate Personal Information to you through the Application.
    • This Website and Application is hosted at reputable hosting companies that implement proper information security principles to secure the confidentiality, integrity and availability of the Application and any data against loss, damage, destruction and unlawful disclosure.
    • By assigning usernames and passwords to all Users of the Application, we aim to assist you to control access rights to Personal Information stored in the Application. It is your responsibility to ensure the Users safeguard those usernames and passwords against unauthorised use.
    • iFileMe has confidentiality agreements in place with all employees and other external service providers. This is to ensure they do not use, share, modify or destroy any Personal Information they have access to during their working or business relationship with iFileMe.
    • iFileMe undertakes to employ such technical and organisational security measures to protect any Personal Information against unlawful, unauthorised or accidental access, use, modification, damage, disclosure or destruction. iFileMe further undertakes to verify on an annual basis or more regularly if necessary, that these technical and organisational security measures are effectively implemented and updated in response to newly identified risks.
    • iFileMe is prohibited from using any Personal Information of your Third Parties for commercial gain except where iFileMe has obtained your written consent as is necessary for the performance of the contractual obligations in terms of the Agreement.
    • copy, reverse engineer, modify or damage the Website and/or the Application or any of its content;
    • rent, lease, sublicense, assign, or transfer your rights to use this Website and/or the Application;
    • intentionally use a device or software application to overcome the security measures that protect the Website and/or Application. Doing this constitutes a criminal offence;
    • in any way frame or mirror any page of this Website without first getting the written approval of iFileMe. Framing and mirroring amounts to copyright infringement;
    • use non-malicious search technology, like “web spiders” or “web-crawlers” to gain information from this Website/Application if such technology will slow down the servers, or if it will infringe the copyright of any data and information in this Website and/or the Application;
    • deliver any malicious code such as viruses, worms or Trojan horses to this Website and/or the Application;
    • use the Website if under the age of 18;
    • share your username and password with Third Parties. You are solely responsible for the actions being done with your username and password;
    • misrepresent who you are when subscribing to the Website and/or Application;
    • use the Application for marketing purposes unless you have obtained your Third Party’s permission. You may obtain such consent by using the “consent button” provided through the Application;
    • upload excessive files that are not in line with your business purposes. This is not a document sharing site for recreational use. Therefore, you must take care that your Users and Third Parties do not upload holiday photos or other information or files that do not relate to your business purposes.
  • You accept that iFileMe may communicate with you through the use of email relating to the use of the Website and Application such as sending notifications of special promotions or new application launches and changes to the Website and/or Application. You may elect not to receive electronic marketing messages from us. Registration number, names directors and the place of registration of the Website Owner: Registration number 2013/056865/07; JJA DU PLOOY, F de Wet Description of the main characteristics of the services Application offered by the supplier: iFileMe offers a Platform-as-a-Service to facilitate the sharing of documents between Users and to allow Users to store important personal documents. The minimum duration of the agreement: One month and this Term renews monthly until cancelled by you or iFileMe. Manner of payment: iFileMe accepts debit orders as payment.
    • information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture and language and birth of the person;
    • information relating to the education or the medical, financial, criminal or employment history of the person;
    • any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
    • the personal opinions, views or preferences of the person,
    • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
    • the views or opinions of another individual about the person; and
    • the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.

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