BY USING THE WEBSITE WWW.TRUZIO.COM ("the Site") OR ANY SOFTWARE OR SERVICES PROVIDED THEREON (collectively "the Service"), YOU ACCEPT THESE TERMS AS WELL AS THE PRIVACY POLICY LOCATED HERE WHETHER YOU ARE A REGISTER USER OR NOT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE, DOWNLOAD OR INSTALL THE SERVICE.

USER CONDUCT

You understand that except for advertising programs offered by Naspers Web Services (Pty) Ltd trading as MIH (“MIH”) on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site or the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site:

  1. to harvest or collect email addresses or other contact information of other users from the Service or the Site for the purposes of sending unsolicited emails or other unsolicited communications;
  2. in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service or the Site;
  3. to upload, post, transmit, share, store or otherwise make available:
    • any content that we deem to be harmful, threatening, unlawful, defamatory, discriminatory, offensive, infringing, abusive, harassing, vulgar, obscene, which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or which may violate any privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
    • any private information of any third party, including, addresses, phone numbers, email addresses, identity number and credit card numbers;
    • any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  5. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  6. intimidate or harass another;
  7. use or attempt to use another's account, service or system without authorization, or create a false identity on the Site.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you post (which includes uploading, publishing and displaying) or transmit on or through the Service or the Site. You may not post, transmit, or share anything on the Site that you did not create or that you do not have permission to post. You understand and agree that MIH may, but is not obligated to, review the Site and the Service and may delete or remove (without notice) contents that, in its sole discretion, violates this terms and might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site. You are solely responsible for your interactions with other Site users. We have no obligation to monitor or resolve disputes between you and other users.

COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to feedback@truzio.com.

OWNERSHIP

All right, title and interest including but not limited to copyright and other intellectual property rights in and to the Site and the Service vests in MIH. You may not redistribute, sell, decompile, reverse engineer, or disassemble any software provided on the Site. The software provided on the Site, including any modified or customized versions, cannot be resold, redistributed, or offered as a service. Furthermore you are not permitted to use or otherwise rely on the Service or the Site for any commercial or production purpose.

THIRD PARTY WEBSITES AND CONTENT

The Site or Service contains (or may contain) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk.

BETA VERSION

Software provided is a beta version and accordingly may not be feature complete. It may not work the way a final version of the software will. We reserve the right to change it for the final, commercial version. We also reserve the right not to release a commercial version and to remove the software or suspend your use of the software without notice at any time.

DISCLAIMER OF WARRANTIES

To the extent allowed by law, the Service and the Site is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. MIH specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose. Because the Service and the Site is “as is,” we may not provide support services for it.

MIH is not responsible or liable in any manner for any content posted on the Site or in connection with the Service, whether posted or caused by users of the Site or Service, by third parties or by any of the equipment or programming associated with or utilised in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site. MIH is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. MIH assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of communications. MIH is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to your (or any other person's) computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service.

PRIVACY

You acknowledge, that in the interests of improving personalisation and service efficiency, we may, under controlled and secure circumstances, share your personal information with some of MIH's affiliate companies who provide content to this portal.

In all other cases, the only information we will ever disclose to third parties (e.g.: advertisers) is aggregate information about our users. The above notwithstanding, you consent to MIH requesting, receiving and reporting your Confidential Information, Consumer Credit Information and Prescribed Information as defined in the National Credit Act, No 34 of 2005 (the "Act"), (herein after "Information") from and to registered credit bureaux in accordance with the provisions and for the purposes of the Act; and the sharing of such Information by registered credit bureaux and such other persons as contemplated by in the Act, for the prescribed purposes of the Act.

LIMITATION OF LIABILITY AND INDEMNITY

As the Site and the Service are provided “as is” you bear the full risk in using it. In no event will MIH or it’s employees or officers be liable for direct, indirect, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the Site or the Service, howsoever arising, and whether or not advised of the possibility of such damages.

MIH neither assumes nor accepts any liability for any loss or damage regardless of the cause or reason for any such loss or damage.

You agree to indemnify and hold MIH, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including attorney's fees, arising out of or in connection with any content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of these terms or of any law or the rights of any third party.

INSTALLATION

You must make every attempt to safeguard your data and other files during any installation or upgrading from the Site or in connection with the Service. MIH does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of software or any other data from the Site or the Service.

GENERAL

These policies, terms, and conditions may be subject to change without notice. These terms of use constitute the entire agreement between you and MIH regarding the use of the Site and/or the Service. The failure of MIH to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these terms is held invalid, the remainder of these terms shall continue in full force and effect. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the rest of these terms and shall not affect the validity and enforceability of any remaining provisions.

JURISDICTION

By visiting or using the Site and/or the Service, you agree to be bound by the laws of South Africa and consent to the jurisdiction of South Africa. These terms and any matter arising therefrom shall be governed by the laws of South Africa.

TERMINATION

MIH may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.