Leaf.co.za

Leaf.co.za

Terms & Conditions

General

You (the User) agree, with your use of this application and/or site, which provides you with access to download certain third party services for free and/or for payment("the services"), that you are bound to these terms which may be amended without notice at any time and which will be available on Leaf's website from time to time. Your use of the services constitutes your binding acceptance of these Terms. Should you not agree to the terms, you should immediately stop using the services. Only persons of a legal age to contract may make use of the Services and if you are not of a legal age to contract, you should immediately discontinue use of the Services;

Leaf shall mean Leaf International Communications (Pty) Ltd and its affiliated companies and agents from time to time;

Leaf should in no way be seen as a content aggregator;

Some of the third party applications and/or content items ("third party services") that forms part of the Services may be subject to additional terms and conditions as posted on the particular third party website and/or available from the particular third party from time to time;

Leaf has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend, or terminate your access to all or any part of our Services;
  • Change, suspend, or discontinue all or any part of our Services;
  • Move, or remove any link to content that is available on our sites;
  • Deactivate or delete your accounts and all related information and files in your account;
  • The User agrees that Leaf shall not be liable to it or any third party for taking any of the actions set out above;

Services And Third Party Applications

Leaf renders the service of providing users with a link to certain services as listed in the application and/or on the website;

Leaf does not own, create, aggregate or have any other interest in the third party services and/content.

Your use of each third party service shall be subject to the terms and conditions applicable to such third party application and/or content item from time to time and is entirely out of Leaf's control. The user therefore uses the services entirely at its own risk and Leaf does not guarantee the accuracy, availability, integrity, or the quality of the third party services. Leaf shall not be responsible and/or liable for contributions by content providers not being what they purport to be, which will include it being of an explicit or offensive nature. The user understands the risk of being exposed to content that he finds offensive, indecent, or objectionable or that is inaccurate, and the user bears all risks associated with using the services. Leaf shall use its best endeavours in its sole discretion, but shall be under no obligation, to remove any service that may in its sole opinion violate any user's rights Leaf's terms or which is otherwise objectionable.

Leaf does not sell, resell, or license any of third party services and the content of such third party services which is offered as part of Leaf's service offering and Leaf disclaims any responsibility for or liability related to it. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and such third party.

You agree that Leaf will not be responsible or liable for any loss or damage of any kind incurred as the result of any of your transactions with third parties whether directly, indirectly or consequential of nature. Any questions, complaints, or claims related to any product, content or service on a third party site should be directed to the appropriate content provider.

Privacy Policy

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy which may be found on our website.

User Conduct

If Leaf issues you a password, you may not reveal it to anyone else and similarly you may not use anyone else's password. The responsibility for maintaining the confidentiality of your accounts and passwords remains with the user.

The user agrees to immediately notify Leaf of any unauthorized use of your passwords or accounts or any other breach of security when the user becomes aware of such breach.

The user further hereto agrees to exit from his account at the end of each session and Leaf shall not be responsible for any loss or damage that may result in the user's failure to do so;

The service and any necessary software and technology used in connection with the service is the property of Leaf and the end user shall not copy, loan, create derivative works, modify, lease, rent, loan, sell, assign, distribute, reverse engineer or otherwise transfer any right to the technology or software underlying the services or Leaf's website and/or application.

The user agrees not to modify versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the application and/or site and/or obtain unauthorised access through any other means than the intended interface;

The user agrees not to (without limitation):

  • Harass, defame, abuse, threaten, defame, infringe on a person's privacy, or violate the legal rights of others in any manner;
  • Interfere with or disrupt Leaf's sites, servers, or networks; Download any file that the user should/does reasonably know cannot be legally obtained in such manner;
  • Restrict or inhibit any other user from using and enjoying any public area within Leaf's application and/or site;
  • Collect or store personal information about other end users for any reason whatsoever;
  • Engage in any illegal activities in the territory in which it is accessed.
  • If a user chooses a username that, in Leaf's sole discretion, is obscene, indecent, abusive or deemed to be inappropriate for any reason in Leaf's sole discretion Leaf reserves the right, without prior notice to you, to automatically change/refuse user's username or any other action which it deems to be appropriate.
  • Unauthorized access to Leaf's sites is a material breach of the terms of use and is illegal.

Disclaimers

The user understands and agrees that the use of the application and/or website and/or services is entirely at his own risk. The services are provided on an "as is" basis and all warranties, guarantees and/or conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

Without limiting the aforegoing, Leaf makes no warranty (whether express or implied) that (a) the Products will meet the User's requirements, (b) the Services will be uninterrupted, timely, secure, virus- free or error-free; (c) the results that may be obtained from the use of the Services will be effective, accurate or reliable, (d) the quality of the Services and/or sites linked to will meet the User's expectations or any defects in the services will be corrected, or that (f) the information provided will be accurate. In addition, Leaf makes no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringements.

In no event will Leaf, its employees, contractors, affiliated companies and/or affiliated third parties mentioned on Leaf's website from time to time be liable for any loss, injury, death or damages of any kind, including without limitation, direct, indirect, incidental, punitive or consequential damages (including, but not limited to, damages for lost profits, incidental, special or consequential damages, business interruption and loss of programmes or information) claims and/or actions arising out of or in connection with the services and/or use of the services, performance or use of the services. This clause shall survive the termination or expiration of this agreement for any reason whatsoever.

General

These terms constitute the entire agreement between the parties. In the event of the invalidity of any part or portion of these terms for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid part or portion shall be deemed to have been struck out of the agreement.

No waiver by Leaf in respect of the User's actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by Leaf to exercise any right hereunder or to insist upon strict compliance with or performance of the User's obligations under this agreement, shall constitute a waiver of the provisions of this agreement and Leaf may at any time require strict compliance with the provisions hereof. These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.

All disputes arising out of or relating to this agreement including disputes as to the meaning or interpretation of any provision of these terms, shall first be resolved or attempted to be resolved by the parties (parties in this context meaning the user and Leaf) through bona fide discussion within 30 (thirty) days of such dispute having been declared by any of the parties; Subject to the parties not being able to resolve the matter as contemplated aforementioned, any dispute will be referred to an independent Advocate of the Johannesburg Bar Council with at least 10 years standing and has experience in the field of IT law, as agreed on by the parties; The arbitrator shall act as an expert and not an arbitrator and shall not be bound to the rules of arbitration under the provisions of the arbitration laws for the time being in force in the Republic of South Africa (as it is constituted from time to time).

The arbitrator will be entitled to make such award, including an award for specific performance, an interdict, damages or a penalty or otherwise as he in his sole discretion may deem fit and appropriate and to deal as he deems fit with the question of costs.

The aforestated will not preclude either party from obtaining intermediate relief on an urgent basis from a court of competent jurisdiction, pending the decision of the arbitrator.

Leaf Pinpoint™ Terms and Conditions

  • Follow the instructions from here to download a free 2 week trial version of Leaf Pinpoint Mobile onto your Windows Mobile device or Leaf Pinpoint Desktop onto your personal computer if you accept the terms and conditions contained thereon;
  • Use Leaf Pinpoint (Mobile or Desktop) as directed on the www.leafpinpoint.net website for 2 weeks;
  • After the free trial, send your Pinpoint Username and your feedback to leafpinpoint@leaf.co.za or alternatively e-mail us if you need any assistance.

The user acknowledges and agrees that he will incur a cost to download information and/or data regarding another user’s location or otherwise in the course of using Leaf Pinpoint, in accordance with the prevailing rates of his particular cellular service provider to download data. Downloading this free trial is at your own risk and Leaf, its employees, shareholders, directors, sponsors, agents, consultants, contractors and its affiliated companies bear no responsibility for any loss, damage or harm suffered as a result of participation herein, whether suffered directly or indirectly. By participating in this free trial the user agrees to indemnify Leaf of any and all claims for loss, damage, death claims and actions of any kind and howsoever arising in connection with this free trial, including without limitation personal injury, death and property damage, claims based on publicity rights, defamation or invasion of privacy.

To view the full terms and conditions please go to http://www.leafpinpoint.net/downloads.aspx and download the PDF of Terms and Conditions for Leaf Pinpoint™ Suite.