This is our Terms of Service for use on airdrive.co.za
Effective Date: February 25, 2016
This document is contract, so please read it carefully:
This document describes in detail your rights and our rights relating to the Service, so please review these Terms and Conditions carefully. These Terms of Service and Conditions constitute a contract between us. If you do not agree to these Terms, you do not have the right to access or use our Service. If you do use our Service, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
Welcome to Airdrive, but before you start using our service you must agree these Terms of Service and Conditions:
Parties of this Contract: You are one party to the contract. The other party to this contract is Airdrive Remote Monitoring , a private company incorporated in South Africa, may be referred to in these Terms of Service as "Airdrive," "we" and sometimes "us").
The Airdrive Service consists of the Airdrive website, service and other products made available by Airdrive Remote Monitoring. which enable you to Remotely Monitor Hardware Devices (collectively, the "Service"). Airdrive enables its users to collect, store, share data from devices.. In exchange for being enabled to use the Service, you agree to abide by these Terms.
Airdrive does not select or screen User Data and Content, and does not review, test, confirm, approve or verify any User Data or Content or the accuracy of User Data; These Terms and Conditions, your use of the Service, Airdrive's delivery of the Service and Airdrive's access to/storing of/use of User Data and Content does not imply or create any liability on the part of Airdrive for User Data provided by other users and included in the Service. Your access to and use of the Service or any content is at your own risk.
You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Until further notice Airdrive service is provided as a Beta software release which means THERE IS NO SERVICE LEVEL AGREEMENT AND NO WARRANTY OF SERVICE AVAILABILITY. Airdrive DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Airdrive will not be responsible or liable for any harm to any of your computer systems, loss of data, or other harm that results from your access to or use of the Service. You also agree that Airdrive has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content maintained by the Service. Airdrive makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Airdrive will create any warranty not expressly made herein. Airdrive also has no responsibility for the availability of the Internet including GPRS availability and other telecommunication services necessary to access the Service.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any Airdrive Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, execution of you program code, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use the free Airdrive service, you will not enjoy all of the benefits provided to subscribers of the Airdrive Premium service. You also acknowledge that a variety of Airdrive actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Airdrive has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
First, you need to create a Airdrive account. You create an account by providing us with an acceptable username and email address, and creating a password. We refer to this as your "Account Information." We encourage you to use a distinct and non-obvious username and password combination, ideally one that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content, you should immediately change your password and notify our Customer Support team.
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Airdrive Software and Service, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Airdrive or the Service.
Your use of the Service must be in accordance with these Terms. When it comes to your use of Airdrive, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content – such as data from your devices, program code (like scripts for listeners or rules), text, files of any types (images, software, videos and anything else you can think of), no matter what the form or technical structure (collectively, "Content") – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with Airdrive.
Your Data is Yours: You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Airdrive a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Airdrive acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content. In order to enable Airdrive to operate the Service, we must obtain from you certain license and other rights to the Content you submit so that our processing, maintenance, storage, technical reproduction, back-up and distribution and related handling of your Content doesn't infringe applicable copyright and other laws. This means that by using the Service and uploading Content, you grant Airdrive a license to display, execute, and distribute any of your Content and to modify and reproduce such Content to enable Airdrive to operate the Service. You also agree that Airdrive has the right to elect not to accept, post, execute, store, display, publish or transmit any Content in our sole discretion. You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your Content is stored with us), and include a right for Airdrive to make such Content available to, and pass these rights along to, others with whom Airdrive has contractual relationships related to the provision of the Airdrive Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Airdrive determines such access is necessary to comply with its legal obligations. You also represent to us that, by submitting Content to Airdrive and granting Airdrive the rights described in these Terms, you are not infringing the rights of any person or third party. Finally, you understand and agree that Airdrive, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
Airdrive Service is available worldwide, but our data processing operations take place in South Africa. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned by Airdrive and third parties located in South Africa and other locations in Europe and even in other countries. As a result, your use of the Service will likely result in international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions. Airdrive might change the location of its data processing operations without noticing you or asking your consent.
You may close your account with our Service at any time, for any reason (or no reason), and you don't even have to give us notice. However, if you desire to deactivate
your account you need to take certain specific steps, which are described in our documentation. Airdrive may suspend access to your account, or close your account,
with or without notice according to these Terms. Reasons for Airdrive suspending or closing your account may include, without limitation: ,
(i) breach or violation of these Terms or any Separate Agreement,
(ii) an extended period of inactivity (determined in Airdrive sole discretion),
(iii) your nonpayment of any fees or other sums due to Airdrive or any other party related to your use of the Service,
(iv) the discontinuance or material modification of the Service (or any part thereof) or
(vi) unexpected technical or security issues or problems. In most cases, in the event we elect to close your account , we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on Airdrive servers (unless we determine that we are legally prohibited from enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
Airdrive and the Airdrive logo are copyrighted to Airdrive Remote Management. All other products, company names, brand names, trademarks and logos are the property of their respective owners. Airdrive has made every attempt to ensure the accuracy and reliability of the information provided on this website. However, the information is provided without warranty. Airdrive does not accept any responsibility or liability for the accuracy, content, completeness or reliability of the information.
We may include or recommend third party resources, materials and developers and/or links to third party websites and applications as part of, or in connection with, the Service.
We have no control over such sites or developers and, accordingly, you acknowledge and agree that
(i) we are not responsible for the availability of such external sites or applications;
(ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and
(iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications. Indemnity.
You agree to indemnify and hold Airdrive, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Airdrive Services are not fault-tolerant and are not designed, manufactured or intended for use as or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Services could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, Airdrive and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
(other than for delay in the payment of money which may be due and payable hereunder) to the extent said failures or delays are proximately caused by
(i) failures of the Service,
(ii) natural weather events, or
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRDRIVE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) AIRDRIVE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARIOTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AIRDRIVE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF AIRDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE;
(v) AIRDRIVE ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
(vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION;
(vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE;
(viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE;
(ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR
(x) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If you have questions about this policy, please feel free to contact us at:
Airdrive Remote Monitoring
7 Get Kotze Street.
Voice: +27 21 981-7062
Fax: +27 86 682 3310
Airdrive Remote Management